New Clause 40: Data Protection and Digital  Information Bill
New Clause 40 - Information in relation to apparatus
“(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),”;
(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).”
(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) Before the end of the initial upload period an undertaker must enter into NUAR—
(a) all information that is included in the undertaker’s records under subsection (1) on the archive upload date, and
(b) any other information of a prescribed description that is held by the undertaker on that date.
(3C) 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.
(3D) The duty under subsection (3C) does not apply in relation to information recorded or updated before the archive upload date.
(3E) A duty under subsection (3B) or (3C) does not apply in such cases as may be prescribed.
(3F) Information must be entered into NUAR under subsection (3B) or (3C) 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) For the purposes of subsection (3B) the Secretary of State must by regulations—
(a) specify a date as “the archive upload date”, and
(b) specify a period beginning with that date as the “initial upload period”.
(8) For the meaning of “NUAR”, see section 106A.”
(4) For section 80 (duty to inform undertakers of location of apparatus) substitute—
“80 Duties to report missing or incorrect information in relation to apparatus
(1) Subsection (2) applies where a person executing works of any description in a street finds an item of apparatus belonging to an undertaker in relation to which prescribed information—
(a) is not entered in NUAR, or
(b) is entered in NUAR but is incorrect.
(2) The person must take such steps as are reasonably practicable to inform the undertaker to whom the item belongs of the missing or incorrect information.
(3) Where a person executing works of any description in a street finds an item of apparatus which does not belong to the person and is unable, after taking such steps as are reasonably practicable, to ascertain to whom the item belongs, the person must—
(a) if the person is an undertaker, enter into NUAR, in such form and manner as may be prescribed, prescribed information in relation to the item;
(b) in any other case, inform the street authority of that information.
(4) Subsections (2) and (3) have effect subject to such exceptions as may be prescribed.
(5) A person who fails to comply with subsection (2) or (3) commits an offence.
(6) A person who commits an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(7) 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.
(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), after subsection (1) insert—
“(1A) Before making regulations under section 79 or 80 the Secretary of State must consult the Welsh Ministers.
(1B) Regulations under this Part may make supplementary or incidental provision.”
(7) In consequence of the provision made by subsection (4), omit section 47 of the Traffic Management Act 2004.”—(Sir John Whittingdale.)