Paragraph 6 Grant of new rights to third parties

(1)

This paragraph applies where the manager is asked to do any of the following—

(a)

to grant a right to a person,

(b)

to vary a right of a person,

(c)

to agree to the transfer of a right from one person to another,

(d)

to agree to any plan or policy which would involve any of the matters in paragraphs (a) to (c).

(2)

If the manager considers that the request is likely to affect any defence operations or capabilities, the manager must notify the Secretary of State in writing of the request before responding to that request.

(3)

In making the consideration under sub-paragraph (2), the manager must have regard to any information which the Secretary of State has provided to the manager about defence operations and capabilities.

(4)

No later than 30 days after the day on which the Secretary of State is notified under sub-paragraph (2), and after the Secretary of State has consulted with the manager—

(a)

the Secretary of State may inform the manager in writing of the effects which the Secretary of State considers the request will have on defence operations or capabilities; or

(b)

if the Secretary of State is of the view that, for reasons of defence or national security, there is an overriding public interest in the matters in paragraph (a) not being made public, the Secretary of State may inform the manager in writing—

(i)

of that view, and

(ii)

(where relevant) of the Secretary of State’s opposition to the request.

(5)

The manager—

(a)

must have regard to any duly-made representation from the Secretary of State; and

(b)

unless the manager proposes to reject the request, must notify the Secretary of State in writing of its proposed decision.

(6)

After notifying the Secretary of State under sub-paragraph (5)(b), the manager must not make the decision until the manager receives—

(a)

a direction under sub-paragraph (8), or

(b)

written confirmation that the Secretary of State has no objection to the proposed decision (whether in a notice under paragraph 8(5)(b)(i) or otherwise).

(7)

Sub-paragraph (8) applies if the Secretary of State—

(a)

receives a notification under sub-paragraph (5)(b); and

(b)

is of the view that, for reasons of defence or national security, there is an overriding public interest in the manager’s proposed decision being amended.

(8)

The Secretary of State may direct the manager in writing to make its decision in accordance with the terms of the direction.

(9)

Any direction under sub-paragraph (8)—

(a)

must state the Secretary of State’s reasons for making the direction; or

(b)

if the Secretary of State is of the view that, for reasons of defence or national security, there is an overriding public interest in those reasons not being made public, must state that view.

(10)

The manager must comply with any direction made under sub-paragraph (8).

(11)

Sub-paragraph (10) is subject to any alternative agreement which the manager and the Secretary of State may reach and accordingly the Secretary of State may withdraw or vary any direction made under sub-paragraph (8).

(12)

In this paragraph, a “duly-made representation” means a representation made in accordance with sub-paragraph (4).