Legislation – Data (Use and Access) Act 2025

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Part 3National Underground Asset Register

59Information in relation to apparatus: Northern Ireland

(1)

The Street Works (Northern Ireland) Order 1995 (S.I. 1995/3210 (N.I. 19)) is amended in accordance with subsections (2) to (5).

(2)

For the italic heading before Article 39 (records of location of apparatus) substitute “Duties in relation to recording and sharing of information about apparatus”.

(3)

In Article 39—

(a)

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

(b)

in paragraph (1), for sub-paragraph (c) substitute—

“(c)

being informed of its location under Article 40(2)(a),”;

(c)

after paragraph (1A) (as inserted by Article 22(2) of the Street Works (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/287 (N.I. 1))) 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 Article 40(2)(a).”;

(d)

omit paragraph (3);

(e)

in paragraph (3A) (as inserted by Article 22(4) of the Street Works (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/287 (N.I. 1)))—

(i)

for “to (3)” substitute “and (2A)”;

(ii)

for “paragraph (1)” substitute “this Article”;

(f)

after paragraph (3A) insert—

“(3B)

Except in such cases as may be prescribed, where an undertaker records information as required by paragraph (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 paragraph (3B) in such form and manner as may be prescribed.”;

(g)

after paragraph (5) insert—

“(6)

In this Article “prescribed” means—

(a)

in paragraphs (1) to (2), prescribed by regulations made by the Secretary of State or the Department for Infrastructure;

(b)

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

(7)

For the meaning of “NUAR”, see Article 45A.”

(4)

For Article 40 (duty to inform undertakers of location of apparatus) substitute—

“Duties to report missing or incorrect information in relation to apparatus40

(1)

Paragraph (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 paragraph (2) commits an offence.

(4)

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

(5)

Before making regulations under this Article 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.

(6)

For the purposes of this Article a person executing works in a street is a “relevant person” if the person has, pursuant to regulations under Article 45C, access to NUAR in relation to the street in question.

(7)

For the meaning of “NUAR”, see Article 45A.”

(5)

Before Article 41 (duty to maintain apparatus) insert—

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

(6)

As a consequence of the provision made by subsection (4), omit Article 23 of the Street Works (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/287 (N.I. 1)).

(7)

A power of the Secretary of State to make regulations under paragraph (1) or (2) of Article 39 of the Street Works (Northern Ireland) Order 1995 (S.I. 1995/3210 (N.I. 19)) (by virtue of subsection (3)(g)) includes power to amend or revoke any provision of the Street Works (Records) Regulations (Northern Ireland) 2004 (S.R. (N.I.) 2004 No. 276) made under the paragraph concerned.