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Street Works (Records) (Wales) Regulations 2005

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5.  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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