Article 40 Duties to report missing or incorrect information in relation to apparatusF1

Northern Ireland

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

art. 40(1) words substituted by The Street Works (Amendment) (Northern Ireland) Order 2007 art. 23(2)
art. 40(1A) inserted by The Street Works (Amendment) (Northern Ireland) Order 2007 art. 23(3)
art. 40(2)(2A) substituted for art. 40(2)(3) by The Street Works (Amendment) (Northern Ireland) Order 2007 art. 23(4)
art. 40(4) words substituted by The Street Works (Amendment) (Northern Ireland) Order 2007 art. 23(5)
art. 40(5)(6) added by The Street Works (Amendment) (Northern Ireland) Order 2007 art. 23(6)

(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—

(a)

is not entered in NUAR, or

(b)

is entered in NUAR but is incorrect.

(2)

Except in such cases as may be prescribed, the person must—

(a)

take such steps as are reasonably practicable to inform the undertaker to whom the item belongs of the missing or incorrect information, and

(b)

if (having taken such steps) the person is unable to inform the undertaker to whom the item belongs of the missing or incorrect information, enter into NUAR, in such form and manner as may be prescribed, prescribed information in relation to the item.

(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—

(a)

such representatives of persons likely to be affected by the regulations as the Secretary of State considers appropriate, and

(b)

such other persons as the Secretary of State considers appropriate.

(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.

(7)

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

Annotations

Textual amendments

F1: Art. 40 substituted (19.6.2025 for specified purposes) by Data (Use and Access) Act 2025 (c. 18), ss. 59(4), 142(1)(2)(h) (with s. 60(2))

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))