(d) omit paragraph (3);
(e) in paragraph (3A) (as inserted by Article 22(4) of the Street Works (Amendment) (Northern Ireland) Order 2007 ( S.I. 2007/287 (N.I. 1))) —
(ii) for “paragraph (1)” substitute “this Article” ;
(f) after paragraph (3A) insert—
“ (3B) Except in such cases as may be prescribed, where an undertaker records information as required by paragraph (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 paragraph (3B) in such form and manner as may be prescribed. ” ;
(g) after paragraph (5) insert—
“ (6) In this Article “ prescribed ” means—
(a) in paragraphs (1) to (2), prescribed by regulations made by the Secretary of State or the Department for Infrastructure;
(7) For the meaning of “NUAR”, see Article 45A. ”
(4) For Article 40 (duty to inform undertakers of location of apparatus) substitute—
“ 40 Duties to report missing or incorrect information in relation to apparatus
(1) Paragraph (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—
(3) A person who fails to comply with paragraph (2) commits an offence.
(4) A person who commits an offence under paragraph (3) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(5) Before making regulations under this Article the Secretary of State must consult—
(6) For the purposes of this Article a person executing works in a street is a “relevant person” if the person has, pursuant to regulations under Article 45C, access to NUAR in relation to the street in question.
(5) Before Article 41 (duty to maintain apparatus) insert—
(6) As a consequence of the provision made by subsection (4), omit Article 23 of the Street Works (Amendment) (Northern Ireland) Order 2007 ( S.I. 2007/287 (N.I. 1)) .
(7) A power of the Secretary of State to make regulations under paragraph (1) or (2) of Article 39 of the Street Works (Northern Ireland) Order 1995 ( S.I. 1995/3210 (N.I. 19)) (by virtue of subsection (3)(g)) includes power to amend or revoke any provision of the Street Works (Records) Regulations (Northern Ireland) 2004 (S.R. (N.I.) 2004 No. 276 ) made under the paragraph concerned.
I110 S. 59 in force at Royal Assent for specified purposes, see s. 142(1)(2) (h)
60 Pre-commencement consultation E+W+N.I.
(1) A requirement to consult under a provision inserted into the New Roads and Street Works Act 1991 by section 56 or 57 may be satisfied by consultation undertaken before the day on which this Act is passed.
(2) A requirement to consult under a provision inserted into the Street Works (Northern Ireland) Order 1995 ( S.I. 1995/3210 (N.I. 19)) by section 58 or 59 may be satisfied by consultation undertaken before the day on which this Act is passed.
I111 S. 60 not in force at Royal Assent, see s. 142(1)