F1Part 3ANational Underground Asset Register: England and Wales

The register

106CAccess to information kept in NUAR

(1)

The Secretary of State may by regulations make provision for or in connection with making information kept in NUAR available.

(2)

The regulations may (among other things)—

(a)

make provision about which information, or descriptions of information, may be made available;

(b)

make provision about the descriptions of person to whom information may be made available;

(c)

make provision for information to be made available subject to exceptions;

(d)

make provision requiring or authorising the Secretary of State to adapt, modify or obscure information before making it available;

(e)

make provision authorising all information kept in NUAR to be made available to prescribed descriptions of person under prescribed conditions;

(f)

make provision about the purposes for which information may be made available;

(g)

make provision about the form and manner in which information may be made available;

(h)

make provision for or in connection with the granting of licences by the Secretary of State in relation to any non-Crown IP rights that may exist in relation to information made available (including provision about the form of a licence and the terms and conditions of a licence);

(i)

make provision for information to be made available for free or for a fee;

(j)

make provision about the amounts of the fees, including provision for the amount of a fee to be an amount which is intended to exceed the cost of the things in respect of which the fee is charged;

(k)

make provision about how funds raised by means of fees must or may be used, including provision for funds to be paid to persons who are required, by a provision of this Act, to enter information into NUAR.

(3)

Except as otherwise prescribed and subject to section 106I, processing of information by the Secretary of State in exercise of functions conferred by or under section 106A or this section does not breach—

(a)

an obligation of confidence owed by the Secretary of State, or

(b)

any other restriction on the processing of information (however imposed).

(4)

Regulations under this section are subject to the affirmative procedure.

(5)

In this section—

“database right” has the same meaning as in Part 3 of the Copyright and Rights in Databases Regulations 1997 (S.I. 1997/3032);

“non-Crown IP right” means any copyright, database right or other intellectual property right which is not owned by the Crown.