Part 3 U.K. National Underground Asset Register
56 National Underground Asset Register: England and Wales E+W
(1) After section 106 of the New Roads and Street Works Act 1991 insert—
“ Part 3A E+W National Underground Asset Register: England and Wales
The register E+W
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 this Act, to enter information into NUAR to have access to NUAR for that purpose.
(5) Regulations under subsection (3) are subject to the negative procedure.
(6) The obligations of the Secretary of State under subsection (1) and under Article 45A(1) of the Street Works (Northern Ireland) Order 1995 ( S.I. 1995/3210 (N.I. 19)) (keeping of register of information relating to apparatus in streets in Northern Ireland) may be discharged by the keeping of a single register in relation to England, Wales and Northern Ireland.
106B Initial upload of information into NUAR
(1) Before the end of the initial upload period an undertaker having apparatus in a street must enter into NUAR—
(a) all information that is included in the undertaker’s records under section 79(1) on the archive upload date, and
(b) any other information of a prescribed description that is held by the undertaker on that date.
(2) The duty under subsection (1) does not apply in such cases as may be prescribed.
(3) Information must be entered into NUAR under subsection (1) in such form and manner as may be prescribed.
(4) An undertaker who fails to comply with a duty placed on the undertaker under this section—
(a) commits an offence, and
(b) is liable to compensate any person in respect of damage or loss incurred by the person in consequence of the failure.
(5) A person who commits an offence under subsection (4)(a) is liable on summary conviction to a fine.
(6) In criminal or civil proceedings against an undertaker arising out of a failure to comply with a duty under this section, it is a defence for the undertaker to show that all reasonable care was taken to secure that no such failure occurred by—
(a) the undertaker and the undertaker’s employees, and
(b) any contractor of the undertaker and the contractor’s employees.
(7) Section 95 applies in relation to an offence under this section as it applies in relation to an offence under Part 3.