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Change 1
As published
79 Records of location of apparatus. Information in relation to apparatus
(1) An undertaker shall, except in such cases as may be prescribed, record the location of every item of apparatus belonging to him as soon as reasonably practicable after—
(a) placing it in the street or altering its position,
(b) locating it in the street in the course of executing any other works, or
(c) being informed of its location under section 80 below,
(c) being informed of its location under section 80(2)(a),
stating the nature of the apparatus and (if known) whether it is for the time being in use.
(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).
(2) The records shall be kept up to date and shall be kept in such form and manner as may be prescribed.
(3) An undertaker shall make his records available for inspection, at all reasonable hours and free of charge, by any person having authority to execute works of any description in the street or otherwise appearing to the undertaker to have a sufficient interest.
(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.
(4) If an undertaker fails to comply with his duties under this section—
(a) he commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale; and
(b) he is liable to compensate any person in respect of damage or loss incurred by him in consequence of the failure.
(5) In criminal or civil proceedings arising out of any such failure it is a defence for the undertaker to show that all reasonable care was taken by him, and by his contractors and by persons in his employ or that of his contractors, to secure that no such failure occurred.
(6) An order under section 102 (power to make consequential amendments, repeals, &c.) relating to an enactment or instrument containing provision for the keeping of records of apparatus which appears to the Secretary of State to be superseded by or otherwise inconsistent with the provisions of this section—
(a) shall not be subject to the procedure provided for in Schedule 5, and
(b) may make such transitional and other provision as appears to the Secretary of State appropriate for applying in relation to records compiled under that enactment or instrument the provisions of subsections (2) to (5) above and section 80 below.
(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.
Your change, as a redline
79 Records of location of apparatus. Information in relation to apparatus
(1) An undertaker shall, except in such cases as may be prescribed, record the location of every item of apparatus belonging to him as soon as reasonably practicable after—
(a) placing it in the street or altering its position,
(b) locating it in the street in the course of executing any other works, or
(c) being informed of its location under section 80 below,
(c) being informed of its location under section 80(2)(a),
stating the nature of the apparatus and (if known) whether it is for the time being in use.
(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).
(2) The records shall be kept up to date and shall be kept in such form and manner as may be prescribed.
(3) An undertaker shall make his records available for inspection, at all reasonable hours and free of charge, by any person having authority to execute works of any description in the street or otherwise appearing to the undertaker to have a sufficient interest.
(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.
(4) If an undertaker fails to comply with his duties under this section—
(a) he commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale; and
(b) he is liable to compensate any person in respect of damage or loss incurred by him in consequence of the failure.
(5) In criminal or civil proceedings arising out of any such failure it is a defence for the undertaker to show that all reasonable care was taken by him, and by his contractors and by persons in his employ or that of his contractors, to secure that no such failure occurred.
(6) An order under section 102 (power to make consequential amendments, repeals, &c.) relating to an enactment or instrument containing provision for the keeping of records of apparatus which appears to the Secretary of State to be superseded by or otherwise inconsistent with the provisions of this section—
(a) shall not be subject to the procedure provided for in Schedule 5, and
(b) may make such transitional and other provision as appears to the Secretary of State appropriate for applying in relation to records compiled under that enactment or instrument the provisions of subsections (2) to (5) above and section 80 below.
(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.
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