New Clause 39: Data Protection and Digital  Information Bill
New Clause 39 - National Underground Asset Register
“(1) After section 106 of the New Roads and Street Works Act 1991 insert—
The register
106A National Underground Asset Register
(1) The Secretary of State must keep a register of information relating to apparatus in streets in England and Wales.
(2) The register is to be known as the National Underground Asset Register (and is referred to in this Act as “NUAR”).
(3) NUAR must be kept in such form and manner as may be prescribed.
(4) The Secretary of State must make arrangements so as to enable any person who is required, by a provision of Part 3, to enter information into NUAR to have access to NUAR for that purpose.
(5) Regulations under subsection (3) are subject to the negative procedure.
106B Access to information kept in NUAR
(1) The Secretary of State may by regulations make provision in connection with making information kept in NUAR available—
(a) under a licence, or
(b) without a licence.
(2) The regulations may (among other things)—
(a) make provision about which information, or descriptions of information, may be made available;
(b) make provision about the descriptions of person to whom information may be made available;
(c) make provision for information to be made available subject to exceptions;
(d) make provision requiring or authorising the Secretary of State to adapt, modify or obscure information before making it available;
(e) make provision authorising all information kept in NUAR to be made available to prescribed descriptions of person under prescribed conditions;
(f) make provision about the purposes for which information may be made available;
(g) make provision about the form and manner in which information may be made available.
(3) The regulations may make provision about licences under which information kept in NUAR is made available, including—
(a) provision about the form of a licence;
(b) provision about the terms and conditions of a licence;
(c) provision for information to be made available under a licence for free or for a fee;
(d) provision about the amount of the fees, including provision for the amount of a fee to be an amount which is intended to exceed the cost of the things in respect of which the fee is charged;
(e) provision about how funds raised by means of fees must or may be used, including provision for funds to be paid to persons who are required, by a provision of Part 3, to enter information into NUAR.
(4) Except as otherwise prescribed and subject to section 106G, processing of information by the Secretary of State in exercise of functions conferred by or under section 106A or this section does not breach—
(a) any obligation of confidence owed by the Secretary of State, or
(b) any other restriction on the processing of information (however imposed).
(5) Regulations under this section are subject to the affirmative procedure.
Requirements for undertakers to pay fees and provide information
106C Fees payable by undertakers in relation to NUAR
(1) The Secretary of State may by regulations make provision requiring undertakers having apparatus in a street to pay fees to the Secretary of State for or in connection with the exercise by the Secretary of State of any function conferred by or under this Part.
(2) The regulations may—
(a) specify the amounts of the fees, or the maximum amounts of the fees, or
(b) provide for the amounts of the fees, or the maximum amounts of the fees, to be determined in accordance with the regulations.
(3) In making the regulations the Secretary of State must seek to secure that, so far as possible and taking one year with another, the income from fees matches the expenses incurred by the Secretary of State in, or in connection with, exercising functions conferred by or under this Part (including expenses not directly connected with the keeping of NUAR).
(4) Except where the regulations specify the amounts of the fees—
(a) the amounts of the fees must be specified by the Secretary of State in a statement, and
(b) the Secretary of State must—
(i) publish the statement, and
(ii) lay it before Parliament.
(5) Regulations under subsection (1) may make provision about—
(a) when a fee is to be paid;
(b) the manner in which a fee is to be paid;
(c) the payment of discounted fees;
(d) exceptions to requirements to pay fees;
(e) the refund of all or part of a fee which has been paid.
(6) Before making regulations under subsection (1) 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) Subject to the following provisions of this section regulations under subsection (1) are subject to the affirmative procedure.
(8) Regulations under subsection (1) that only make provision of a kind mentioned in subsection (2) are subject to the negative procedure.
(9) But the first regulations under subsection (1) that make provision of a kind mentioned in subsection (2) are subject to the affirmative procedure.
106D Providing information for purposes of regulations under section 106C
(1) The Secretary of State may by regulations make provision requiring undertakers having apparatus in a street to provide information to the Secretary of State for either or both of the following purposes—
(a) assisting the Secretary of State in determining the provision that it is appropriate for regulations under section 106C(1) or a statement under section 106C(4) to make;
(b) assisting the Secretary of State in determining whether it is appropriate to make changes to such provision.
(2) The Secretary of State may by regulations make provision requiring undertakers having apparatus in a street to provide information to the Secretary of State for either or both of the following purposes—
(a) ascertaining whether a fee is payable by a person under regulations under section 106C(1);
(b) working out the amount of a fee payable by a person.
(3) Regulations under subsection (1) or (2) may require an undertaker to notify the Secretary of State of any changes to information previously provided under the regulations.
(4) Regulations under subsection (1) or (2) may make provision about—
(a) when information is to be provided (which may be at prescribed intervals);
(b) the form and manner in which information is to be provided;
(c) exceptions to requirements to provide information.
(5) Regulations under subsection (1) or (2) are subject to the negative procedure.
Monetary penalties
106E Monetary penalties
Schedule 5A makes provision about the imposition of penalties in connection with requirements imposed by regulations under sections 106C(1) and 106D(1) and (2).
Exercise of functions by third party
106F Arrangements for third party to exercise functions
(1) The Secretary of State may make arrangements for a prescribed person to exercise a relevant function of the Secretary of State.
(2) More than one person may be prescribed.
(3) Arrangements under this section may—
(a) provide for the Secretary of State to make payments to the person, and
(b) make provision as to the circumstances in which any such payments are to be repaid to the Secretary of State.
(4) In the case of the exercise of a function by a person authorised by arrangements under this section to exercise that function, any reference in this Part or in regulations under this Part to the Secretary of State in connection with that function is to be read as a reference to that person.
(5) Arrangements under this section do not prevent the Secretary of State from exercising a function to which the arrangements relate.
(6) Except as otherwise prescribed and subject to section 106G, the disclosure of information between the Secretary of State and a person in connection with the person’s entering into arrangements under this section or exercise of functions to which such arrangements relate does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(7) Regulations under this section are subject to the affirmative procedure.
(8) In this section “relevant function” means any function of the Secretary of State conferred by or under this Part (including the function of charging or recovering fees under section 106C) other than—
(a) a power to make regulations, or
(b) a function under section 106C(4) (specifying of fees etc).
Data protection
106G Data protection
(1) A duty or power to process information that is imposed or conferred by or under this Part does not operate to require or authorise the processing of personal data that would contravene the data protection legislation (but in determining whether processing of personal data would do so, that duty or power is to be taken into account).
(2) In this section—
“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act);
“personal data” has the same meaning as in that Act (see section 3(2) of that Act).
Supplementary provisions
106H Regulations under this Part
(1) In this Part “prescribed” means prescribed by regulations made by the Secretary of State.
(2) Regulations under this Part may make—
(a) different provision for different purposes;
(b) supplementary and incidental provision.
(3) Regulations under this Part are to be made by statutory instrument.
(4) Before making regulations under this Part the Secretary of State must consult the Welsh Ministers.
(5) Where regulations under this Part are subject to “the affirmative procedure” the regulations may not be made unless a draft of the statutory instrument containing them has been laid before and approved by a resolution of each House of Parliament.
(6) Where regulations under this Part are subject to “the negative procedure” the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
(7) Any provision that may be made in regulations under this Part subject to the negative procedure may be made in regulations subject to the affirmative procedure.
106I Interpretation
(1) In this Part the following terms have the same meaning as in Part 3—
“apparatus” (see sections 89(3) and 105(1));
“in” (in a context referring to apparatus in a street) (see section 105(1));
“street” (see section 48(1) and (2));
“undertaker” (in relation to apparatus or in a context referring to having apparatus in a street) (see sections 48(5) and 89(4)).
(2) In this Part “processing” has the same meaning as in the Data Protection Act 2018 (see section 3(4) of that Act) and “process” is to be read accordingly.”
(2) In section 167 of the New Roads and Street Works Act 1991 (Crown application)—
(a) after subsection (4) insert—
“(4A) The provisions of Part 3A of this Act (National Underground Asset Register: England and Wales) bind the Crown.”;
(b) in subsection (5), for “(4)” substitute “(4) or (4A)”.
(3) Schedule (National Underground Asset Register: monetary penalties) to this Act inserts Schedule 5A into the New Roads and Street Works Act 1991 (monetary penalties).”—(Sir John Whittingdale.)