# Street Works (Records) (Wales) Regulations 2005, Regulation 5: Exceptions

Extent: E+W

The duty in section 79(1) of the Act to keep a record of the location of every item of apparatus will not apply:-
(a) where compliance would lead to the disclosure of the following types of restricted information:
(i) information certified by or with the authority of the Secretary of State as being restricted information in the interest of national security;
(ii) information certified by or with the authorisation of an undertaker as being restricted information in accordance with the commercial interests of the undertaker;
(b) to any apparatus placed by an undertaker in the street within its existing apparatus where the location of the existing apparatus has already been recorded in a form prescribed by regulation 3;
(c) to any apparatus placed in the street prior to the date on which these Regulations came into force;
(d) to any apparatus belonging to an undertaker which is discovered by him in the street during the course of emergency works or urgent works carried out by him;
(e) to any apparatus not installed underground; and
(f) to service pipes and lines.

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Source: https://www.legislation.gov.uk/wsi/2005/1812/regulation/5 (the official version)
Page: https://openlegislation.uk/street-works-records-wales-regulations-2005/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.