Article 45B Initial upload of information into NUARF1

(1)

Before the end of the initial upload period an undertaker having apparatus in a street must enter into NUAR—

(a)

all information that is included in the undertaker’s records under Article 39(1) on the archive upload date, and

(b)

any other information of a prescribed description that is held by the undertaker on that date.

(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—

(a)

commits an offence, and

(b)

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

(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—

(a)

the undertaker and the undertaker’s employees, and

(b)

any contractor of the undertaker and the contractor’s employees.

(7)

For the purposes of paragraph (1) the Secretary of State must by regulations—

(a)

specify a date as “the archive upload date”, and

(b)

specify a period beginning with that date as the “initial upload period”.

Annotations

Textual amendments

F1: Arts. 45A-45I and cross-heading inserted (19.6.2025 for specified purposes) by Data (Use and Access) Act 2025 (c. 18), ss. 58(3), 142(1)(2)(h) (with s. 60(2))

Notes on the whole Order

Textual amendments

F1: functions transf. by SR 1999/481