Legislation – Data (Use and Access) Act 2025

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Part 3National Underground Asset Register

57Information in relation to apparatus: England and Wales

(1)

The New Roads and Street Works Act 1991 is amended in accordance with subsections (2) to (6).

(2)

For the italic heading before section 79 (records of location of apparatus) substitute “Duties in relation to recording and sharing of information about apparatus”.

(3)

In section 79—

(a)

for the heading substitute “Information in relation to apparatus”;

(b)

in subsection (1), for paragraph (c) substitute—

“(c)

being informed of its location under section 80(2)(a),”;

(c)

after subsection (1A) (as inserted by section 46(2) of the Traffic Management Act 2004) insert—

“(1B)

An undertaker must, except in such cases as may be prescribed, record in relation to every item of apparatus belonging to the undertaker such other information as may be prescribed as soon as reasonably practicable after—

(a)

placing the item in the street or altering its position,

(b)

inspecting, maintaining, adjusting, repairing, altering or renewing the item,

(c)

locating the item in the street in the course of executing any other works, or

(d)

receiving any such information in relation to the item under section 80(2)(a).”;

(d)

omit subsection (3);

(e)

in subsection (3A) (as inserted by section 46(4) of the Traffic Management Act 2004)—

(i)

for “to (3)” substitute “and (2A)”;

(ii)

for “subsection (1)” substitute “this section”;

(f)

after subsection (3A) insert—

“(3B)

Except in such cases as may be prescribed, where an undertaker records information as required by subsection (1) or (1B), or updates such information, the undertaker must, within a prescribed period, enter the recorded or updated information into NUAR.

(3C)

Information must be entered into NUAR under subsection (3B) in such form and manner as may be prescribed.”;

(g)

in subsection (4)(a), omit “not exceeding level 5 on the standard scale”;

(h)

after subsection (6) insert—

“(7)

In this section “prescribed” means—

(a)

in subsections (1) to (2)—

(i)

in relation to apparatus in streets in England, prescribed by regulations made by the Secretary of State;

(ii)

in relation to apparatus in streets in Wales, prescribed by regulations made by the Secretary of State or the Welsh Ministers;

(b)

otherwise, prescribed by regulations made by the Secretary of State.

(8)

Before making regulations under this section the Secretary of State must obtain the consent of the Welsh Ministers in relation to any provision that relates to apparatus in streets in Wales.

(9)

For the meaning of “NUAR”, see section 106A.”

(4)

For section 80 (duty to inform undertakers of location of apparatus) substitute—

“80Duties to report missing or incorrect information in relation to apparatus

(1)

Subsection (2) applies where a relevant person executing works of any description in a street finds an item of apparatus which does not belong to the person in relation to which prescribed information—

(a)

is not entered in NUAR, or

(b)

is entered in NUAR but is incorrect.

(2)

Except in such cases as may be prescribed, the person must—

(a)

take such steps as are reasonably practicable to inform the undertaker to whom the item belongs of the missing or incorrect information, and

(b)

if (having taken such steps) the person is unable to inform the undertaker to whom the item belongs of the missing or incorrect information, enter into NUAR, in such form and manner as may be prescribed, prescribed information in relation to the item.

(3)

A person who fails to comply with subsection (2) commits an offence.

(4)

A person who commits an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(5)

Before making regulations under this section the Secretary of State must obtain the consent of the Welsh Ministers in relation to any provision that relates to apparatus in streets in Wales.

(6)

Before making regulations under this section the Secretary of State must consult—

(a)

such representatives of persons likely to be affected by the regulations as the Secretary of State considers appropriate, and

(b)

such other persons as the Secretary of State considers appropriate.

(7)

For the purposes of this section a person executing works in a street is a “relevant person” if the person has, pursuant to regulations under section 106C(1), access to NUAR in relation to the street in question.

(8)

For the meaning of “NUAR”, see section 106A.”

(5)

Before section 81 (duty to maintain apparatus) insert—

“Other duties and liabilities of undertakers in relation to apparatus”.

(6)

In section 104 (regulations)—

(a)

in subsection (1)—

(i)

after “Part” insert “, except in section 79,”;

(ii)

omit from “, which” to the end;

(b)

after subsection (1) insert—

“(1A)

Regulations under this Part may make—

(a)

different provision for different cases;

(b)

supplementary or incidental provision.”;

(c)

in subsection (2), after “Regulations” insert “made by the Secretary of State”;

(d)

after subsection (2) insert—

“(2A)

Regulations made by the Welsh Ministers under section 79 are to be made by statutory instrument and a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of Senedd Cymru.”

(7)

In consequence of the provision made by subsection (4), omit section 47 of the Traffic Management Act 2004.

(8)

In Schedule 7B to the Government of Wales Act 2006 (general restriction on competence of Senedd Cymru), in paragraph 11(6)(b) (exceptions to restrictions relating to Ministers of the Crown), before sub-paragraph (i) insert—

“(ai)

section 79 of the New Roads and Street Works Act 1991;”.