45E 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 a NUAR provision.
(5) Regulations under paragraph (1) may make provision about—
(6) Before making regulations under paragraph (1), the Secretary of State must consult—
(7) In this Article—
“ combined NUAR expenses ” means the sum of— (a) expenses incurred by the Secretary of State in, or in connection with, exercising functions conferred by or under a NUAR provision (including expenses not directly connected with the keeping of NUAR), and (b) expenses incurred by the Secretary of State in, or in connection with, exercising functions conferred by or under Part 3A of the New Roads and Street Works Act 1991 (including expenses not directly connected with the keeping of the register kept under section 106A(1) of that Act);
“ combined NUAR income ” means the sum of— (a) income received by the Secretary of State from fees payable under regulations under paragraph (1), and (b) income received by the Secretary of State from fees payable under regulations under section 106E(1) of the New Roads and Street Works Act 1991.
45F Providing information for purposes of regulations under Article 45E
(a) assisting the Secretary of State in determining the provision that it is appropriate for regulations under Article 45E(1) or a statement under Article 45E(4) to make;
(a) ascertaining whether a fee is payable by a person under regulations under Article 45E(1);
(3) Regulations under paragraph (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 paragraph (1) or (2) may make provision about—
45G Monetary penalties
Schedule 2ZA makes provision about the imposition of penalties in connection with requirements imposed by regulations under Articles 45E(1) and 45F(1) and (2).
45H Arrangements for third party to exercise functions
(3) Arrangements under this Article may—
(4) In the case of the exercise of a function by a person authorised by arrangements under this Article to exercise that function, a reference in a NUAR provision or in regulations under a NUAR provision to the Secretary of State in connection with that function is to be read as a reference to that person.
(5) Arrangements under this Article do not prevent the Secretary of State from exercising a function to which the arrangements relate.
(6) Except as otherwise prescribed and subject to Article 45I, the disclosure of information between the Secretary of State and a person in connection with the person’s entering into arrangements under this Article or exercise of functions to which such arrangements relate does not breach—
(7) In this Article “ relevant function ” means a function of the Secretary of State conferred by or under a NUAR provision (including the function of charging or recovering fees under regulations under Article 45E) other than—
(b) a function under Article 45E(4) (specifying of fees etc).
(8) If a person exercises the function of charging or recovering fees by virtue of arrangements under this Article, the person must pay the fees to the Secretary of State, except to the extent that the Secretary of State directs otherwise.
45I Data protection
(1) A duty or power to process information that is imposed or conferred by or under a NUAR provision 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 Article—
“ personal data ” has the same meaning as in that Act (see section 3(2) of that Act);