# The Street Works (Northern Ireland) Order 1995, Article 40: Duties to report missing or incorrect information in relation to apparatus

Extent: N.I.

(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.

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Source: https://www.legislation.gov.uk/nisi/1995/3210/article/40 (the official version)
Page: https://openlegislation.uk/street-works-northern-ireland-order-1995/article-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.