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39. (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
(c)being informed of its location under Article 40,
stating the nature of the apparatus and (if known) whether it is for the time being in use.
(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.
(4) If an undertaker fails to comply with his duties under this Article—
(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.
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