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Change 1
As published
80 Duty to inform undertakers of location of apparatus. Duties to report missing or incorrect information in relation to apparatus.
(1) A person executing works of any description in the street who finds apparatus belonging to an undertaker which is not marked, or is wrongly marked, on the records made available by the undertaker, shall take such steps as are reasonably practicable to inform the undertaker to whom the apparatus belongs of its location and (so far as appears from external inspection) its nature and whether it is in use.
(2) Where a person executing works of any description in the street finds apparatus which does not belong to him and is unable, after taking such steps as are reasonably practicable, to ascertain to whom the apparatus belongs, he shall—
(a) if he is an undertaker, note on the records kept by him under section 79(1) (in such manner as may be prescribed) the location of the apparatus he has found and its general description; and
(b) in any other case, inform the street authority of the location and general description of the apparatus he has found.
(3) Subsections (1) and (2) have effect subject to such exceptions as may be prescribed.
(4) A person who fails to comply with subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(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.
Your change, as a redline
80 Duty to inform undertakers of location of apparatus. Duties to report missing or incorrect information in relation to apparatus.
(1) A person executing works of any description in the street who finds apparatus belonging to an undertaker which is not marked, or is wrongly marked, on the records made available by the undertaker, shall take such steps as are reasonably practicable to inform the undertaker to whom the apparatus belongs of its location and (so far as appears from external inspection) its nature and whether it is in use.
(2) Where a person executing works of any description in the street finds apparatus which does not belong to him and is unable, after taking such steps as are reasonably practicable, to ascertain to whom the apparatus belongs, he shall—
(a) if he is an undertaker, note on the records kept by him under section 79(1) (in such manner as may be prescribed) the location of the apparatus he has found and its general description; and
(b) in any other case, inform the street authority of the location and general description of the apparatus he has found.
(3) Subsections (1) and (2) have effect subject to such exceptions as may be prescribed.
(4) A person who fails to comply with subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(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.
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