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Article 39 Information in relation to apparatusF8F1F2

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

C1(1)

An undertaker shall, except in such cases as may be prescribed, record the location of every item of apparatus belonging to him as soon as reasonably practicable after—

(a)

placing it in the street or altering its position,

(b)

locating it in the street in the course of executing any other works, or

F3(c)

being informed of its location under Article 40(2)(a),

stating the nature of the apparatus and (if known) whether it is for the time being in use.

F4(1B)

An undertaker must, except in such cases as may be prescribed, record in relation to every item of apparatus belonging to the undertaker such other information as may be prescribed as soon as reasonably practicable after—

(a)

placing the item in the street or altering its position,

(b)

inspecting, maintaining, adjusting, repairing, altering or renewing the item,

(c)

locating the item in the street in the course of executing any other works, or

(d)

receiving any such information in relation to the item under Article 40(2)(a).

(2)

The records shall be kept up to date and shall be kept in such form and manner as may be prescribed.

(3)

An undertaker shall make his records available for inspection, at all reasonable hours and free of charge, by any person having authority to execute works of any description in the street or otherwise appearing to the undertaker to have a sufficient interest.

F5(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.

(4)

If an undertaker fails to comply with his duties under this Article—

(a)

he commits an offence and is liable on summary conviction to a fine not exceeding F6level 5 on the standard scale; and

(b)

he is liable to compensate any person in respect of damage or loss incurred by him in consequence of the failure.

(5)

In criminal or civil proceedings arising out of any such failure it is a defence for the undertaker to show that all reasonable care was taken by him, and by his contractors and by persons in his employ or that of his contractors, to secure that no such failure occurred.

F7(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;

(b)

otherwise, prescribed by regulations made by the Secretary of State.

(7)

For the meaning of “NUAR”, see Article 45A.

Annotations

Textual amendments

F1

Art. 39(3A): the words “and (2A)” substituted for “to (3)” (19.6.2025 for specified purposes) by Data (Use and Access) Act 2025 (c. 18), ss. 59(3)(e)(i), 142(1)(2)(h) (with s. 60(2))

F2

Art. 39(3A): the words “this Article” substituted for “paragraph (1)” (19.6.2025 for specified purposes) by Data (Use and Access) Act 2025 (c. 18), ss. 59(3)(e)(ii), 142(1)(2)(h) (with s. 60(2))

F3

Art. 39(1)(c) substituted (19.6.2025 for specified purposes) by Data (Use and Access) Act 2025 (c. 18), ss. 59(3)(b), 142(1)(2)(h) (with s. 60(2))

F4

Art. 39(1B) inserted (19.6.2025 for specified purposes) by Data (Use and Access) Act 2025 (c. 18), ss. 59(3)(c), 142(1)(2)(h) (with s. 60(2))

F5

Art. 39(3B)(3C) inserted (19.6.2025 for specified purposes) by Data (Use and Access) Act 2025 (c. 18), ss. 59(3)(f), 142(1)(2)(h) (with s. 60(2))

F6

Words in art. 39(4) substituted (1.10.2007) by Street Works (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/287 (N.I. 1)), arts. 1(3), 25(2)(j) (with art. 25(5)); S.R. 2007/365, art. 2, Sch.

F7

Art. 39(6)(7) inserted (19.6.2025 for specified purposes) by Data (Use and Access) Act 2025 (c. 18), ss. 59(3)(g), 142(1)(2)(h) (with s. 60(2))

F8

Art. 39 heading substituted (19.6.2025 for specified purposes) by Data (Use and Access) Act 2025 (c. 18), ss. 59(3)(a), 142(1)(2)(h) (with s. 60(2))

Modifications

C1

Art. 39(1)(2) power extended (19.6.2025 for specified purposes) by Data (Use and Access) Act 2025 (c. 18), ss. 59(7), 142(1)(2)(h)

Notes on the whole Order

Textual amendments

F1

functions transf. by SR 1999/481

Notes on Part

Textual amendments

F1

Art. 39 cross-heading substituted (19.6.2025 for specified purposes) by Data (Use and Access) Act 2025 (c. 18), ss. 59(2), 142(1)(2)(h) (with s. 60(2))