The Water Industry (Scotland) Act 2002 (Directions in the Interests of National Security) Order 2002
This Order makes provision consequential on the Water Industry (Scotland) Act 2002 which, amongst other things, established Scottish Water and repealed section 117 of the Local Government etc. (Scotland) Act 1994 (“the 1994 Act”). Section 117 of the 1994 Act enabled the Secretary of State to give directions to the new water and sewerage authorities (now replaced by Scottish Water) in the interests of national security or for mitigating the effects of any civil emergency. This provision was amended (in part) by article 3 of and Schedule 2 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999 (“the 1999 Order”), so that the Scottish Ministers could also give directions, after consultation with the Secretary of State. The purpose of this Order is to confer on the Secretary of State and the Scottish Ministers the power to give directions to Scottish Water in the interests of national security or for mitigating the effects of any civil emergency.