SCHEDULE 2Exempt facilities: general

Exclusion from the register of information affecting national security13

1

The appropriate authority may direct the exemption registration authority that, in the interests of national security, specified information or information of a specified description must be excluded from the register.

2

The exemption registration authority must notify the appropriate authority of any information it excludes from the register pursuant to such a direction.

3

The appropriate authority may direct the exemption registration authority that, in the interests of national security, before information of a specified description is included on the register, the information must be referred to the appropriate authority for determination as to whether or not it should be excluded from the register.

4

A determination by the appropriate authority under sub-paragraph (3) to exclude information from the register must be given effect by a direction under sub-paragraph (1).

5

A person may give a notice to the appropriate authority stating that, in the person's opinion, the inclusion of information on the register would be contrary to the interests of national security.

6

A notice under sub-paragraph (5) must specify the information and indicate its apparent nature.

7

A person giving a notice under sub-paragraph (5) must at the same time notify the exemption registration authority.

8

The exemption registration authority must not include information notified under sub-paragraph (5) on the register unless the appropriate authority determines that it may be included.

9

A determination by the appropriate authority to exclude information notified under sub-paragraph (5) from the register must be given effect by a direction under sub-paragraph (1).

10

In relation to an exempt facility that is the subject of a direction or notice given under this paragraph, the requirement in paragraph 4(1)(b), 5(b), 6(b), 7(b) or 8(b)—

a

does not apply where a direction or notice requires the exclusion of all relevant particulars from the register, and

b

is satisfied where—

i

a direction under sub-paragraph (1) requires the exclusion of some, but not all, relevant particulars from the register,

ii

a direction under sub-paragraph (3) which is pending a determination under that sub-paragraph requires the exclusion of relevant particulars from the register, or

iii

a notice under sub-paragraph (5) which is pending a determination under sub-paragraph (8) requires the exclusion of relevant particulars from the register,

and where any relevant particulars which are not subject to a direction or notice are included on the register.