insert—
“ National Underground Asset Register N.I.
45A National Underground Asset Register
(1) The Secretary of State must keep a register of information relating to apparatus in streets in Northern Ireland.
(2) The register is to be known as the National Underground Asset Register (and is referred to in this Order as “ NUAR ”).
(4) The Secretary of State must make arrangements so as to enable any person who is required, by a provision of this Order, to enter information into NUAR to have access to NUAR for that purpose.
(5) The obligations of the Secretary of State under paragraph (1) and under section 106A(1) of the New Roads and Street Works Act 1991 (keeping of register of information relating to apparatus in streets in England and Wales) may be discharged by the keeping of a single register in relation to England, Wales and Northern Ireland.
45B Initial upload of information into NUAR
(a) all information that is included in the undertaker’s records under Article 39(1) on the archive upload date, and
(2) The duty under paragraph (1) does not apply in such cases as may be prescribed.
(3) Information must be entered into NUAR under paragraph (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 Article—
(5) A person who commits an offence under paragraph (4)(a) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(6) In criminal or civil proceedings against an undertaker arising out of a failure to comply with a duty under this Article, it is a defence for the undertaker to show that all reasonable care was taken to secure that no such failure occurred by—
(7) For the purposes of paragraph (1) the Secretary of State must by regulations—
45C Access to information kept in NUAR
(k) make provision about how funds raised by means of fees must or may be used, including provision for funds to be paid to persons who are required, by a provision of this Order, to enter information into NUAR.
(3) Except as otherwise prescribed and subject to Article 45I, processing of information by the Secretary of State in exercise of functions conferred by or under Article 45A or this Article does not breach—
(4) In this Article—
“ non-Crown IP right ” means any copyright, database right or other intellectual property right which is not owned by the Crown;
“ processing ” has the same meaning as in the Data Protection Act 2018 (see section 3(4) of that Act).
45D Guidance
(1) The Secretary of State must produce guidance for persons described in paragraph (2) about how to protect information kept in, or obtained from, NUAR.
(2) The persons are persons who, pursuant to regulations made under Article 45C, are able to access information kept in NUAR.
(4) The Secretary of State must publish the guidance (and any revised or replacement guidance) in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons described in paragraph (2).
(5) The same guidance may discharge the obligations of the Secretary of State under this Article and under section 106D of the New Roads and Street Works Act 1991.