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Data (Use And Access) Act 2025

Contents

Part 3: National Underground Asset Register

Section 56: National Underground Asset Register: England and Wales 

  1. Subsection (1) of this section inserts a new Part 3A into the New Roads and Street Works Act 1991 ("NRSWA 1991") which, among other things, requires the Secretary of State to keep a register of information relating to apparatus in streets in England and Wales (to be known as the National Underground Asset Register ("NUAR")). The sections comprising the new Part 3A set out a legislative framework for NUAR, including empowering the Secretary of State to make provision by regulations in connection with granting access to information kept in NUAR, the payment of fees by undertakers in relation to NUAR, requiring undertakers to provide information to the Secretary of State for the purposes of regulations, monetary penalties and arrangements for third parties to exercise relevant functions of the Secretary of State.
  2. The new Part 3A inserted into NRSWA 1991 comprises new sections 106A to 106K; each of these is considered in turn below.
Section 106A: National Underground Asset Register 
  1. A key aspect of the new legislative framework for NUAR is the requirement, imposed by new section 106A(1) which is inserted into NRSWA 1991, for the Secretary of State to keep a register of information relating to apparatus in streets in England and Wales. This register is referred to in this Act as "NUAR" (as defined by subsection (2)) and is the central repository of information into which, in accordance with other provisions being inserted into NRSWA 1991, certain persons are required to enter information. In practice, NUAR is a digital register and the information within it will be used to form a digital underground map displaying information about apparatus installed beneath streets in England, Wales and Northern Ireland.
  2. Subsection (3) confers a power on the Secretary of State to prescribe, through regulations, the form and manner in which NUAR must be kept. Regulations under this subsection are subject to the negative procedure as provided for in subsection (5).
  3. Section 57 makes a number of amendments to NRSWA 1991Act, some of which require people to enter information into NUAR. In order to facilitate this, and as required by subsection (4), the Secretary of State must ensure the required people have access to NUAR.
  4. Section 58 (3) inserts Article 45A(1) into the Street Works (Northern Ireland) Order 1995 (SWNIO 1995). This imposes an obligation on the Secretary of State, equivalent to that set out in section 106A in relation to England and Wales, to keep a register of information relating to apparatus in streets in Northern Ireland. Subsection (6) allows the Secretary of State to discharge both obligations by keeping a single register which covers England, Wales and Northern Ireland. 
Section 106B: Initial upload of information into NUAR 
  1. For NUAR to be a reliable and comprehensive source of information it is crucial that, from the outset, it also contains existing information which is already held in undertakers’ records. 
  2. New section 106B establishes the concept of the "initial upload period", during which undertakers having apparatus in a street must enter into NUAR all information that is already included in their records on a specific date, referred to in this provision as the "archive upload date". Such undertakers must also, during this period, enter into NUAR any other information, held by the undertaker on that date, of a description prescribed by the Secretary of State in regulations.
  3. The Secretary of State may also, in regulations made under subsections (2) and (3) respectively, set out when this duty to enter information held in their records into NUAR does not apply, and the form and manner in which this information must be entered into NUAR for these purposes.
  4. Subsection (8)(a) imposes a duty on the Secretary of State to specify, in regulations, the "archive upload date" (on which a "snapshot" of relevant information in the undertaker’s records is taken). Subsection (8)(b) also requires the Secretary of State to specify the duration of the "initial upload period", beginning with the archive upload date, within which the information comprising that snapshot must be entered into NUAR.
  5. An undertaker who fails to comply with a duty imposed by section 106B commits a criminal offence which is triable summarily and, if convicted, can result in a fine.
Section 106C: Access to information kept in NUAR
  1. New section 106C sets out the approach through which information held within NUAR can be made available to others. The policy intent is to make NUAR data available to planners and excavators for the purposes of carrying out safe and efficient excavations. However, undertakers currently make their data available to other persons for other purposes. This provision ensures NUAR data can be used, if considered appropriate, for additional purposes.
  2. Subsections (1) and (2) provide that the Secretary of State may, by regulations, determine who can access information kept in NUAR, including by specifying what information is shared, with whom, for what purpose and in what form and manner. This section also empowers the Secretary of State to make provision for such information to be made available for free or for a fee. So, for example, the Secretary of State may provide for information held in NUAR to be accessible by undertakers for the purpose of carrying out street works excavations.
  3. Subsection 2(h) establishes the ability for the Secretary of State to make provision for the granting of licences by the Secretary of State in relation to any non-Crown IP rights (as defined by subsection (5)) that may exist in relation to information made available from NUAR. Licences in relation to Crown IP rights would be managed by the Keeper of the National Archives.
  4. Subsection (3) makes provisions to clarify that, as a general approach, the processing of information in exercise of functions under sections 106A does not breach any obligation of confidence or any other restriction, however imposed. In most cases, this general approach will be essential for the effective and efficient running of NUAR. However, there could also be circumstances, which become apparent over time, in which it would not be appropriate for this general approach to apply. New section 106C(3) permits the Secretary of State, through regulations, to prescribe exceptions to this approach where considered appropriate to do so. Subsection (3) also makes clear that this general approach is nevertheless subject to the provision made by section 106I; as explained below, the general approach does not override or otherwise take priority over the requirements of the data protection legislation. "Processing" of information, for these purposes, has the same broad meaning as in the DPA 2018.
Section 106D: Guidance
  1. Subsection (1) and (2) requires the Secretary of State to produce guidance on how to protect information kept in, or obtained from, NUAR for persons who are able to access it in reliance of regulations made under section 106C.
  2. Subsection (3) and (4) enables the Secretary of State to revise or replace the guidance and publish the guidance in such manner as the Secretary of State considers appropriate to bring it to attention of persons who are able to access information kept in NUAR in reliance of regulations made under section 106C.
  3. Subsection (5) clarifies that a single piece of guidance may be produced and published for persons accessing information kept in NUAR under section 106D of NRSWA 1991Act and under Article 45D of the Street Works (Northern Ireland) Order 1995.
Section 106E: Fees payable by undertakers in relation to NUAR
  1. Once the NUAR service as provided for by these new legislative provisions is operational, the policy intent is for its running costs to be funded through fees paid by those who benefit from the service, rather than being funded by the taxpayer.
  2. Through regulations made under new section 106E(1), the Secretary of State may create a fees scheme for these purposes. This scheme may require undertakers with apparatus in a street to pay fees to fund the operation of the NUAR service. Such an approach reflects the benefit that such undertakers will receive through the removal of the requirement, currently set out at section 79(3) of NRSWA 1991, to make their records of information relating to their apparatus available to others.
  3. The Secretary of State has a number of options available when setting the amount of fees to be payable under the scheme, as set out in subsection (2). The specific amount (or amounts) of fees may be set out in the regulations themselves. Or the Secretary of State can set out in regulations the maximum amounts of the fees, or a method through which specific or maximum amounts of fees can be determined. The Secretary of State is able to make different provision for different purposes (see section 106J(2)); in practice, this will enable, if considered appropriate, a "tiered" approach through which undertakers are allocated a tier and charged a particular fee based on this.
  4. If the regulations adopt an approach other than specifying the actual amounts of fees, then the Secretary of State must set out the actual amounts in a statement which is to be published and laid before Parliament, as required by subsection (4). As a result, whatever approach is taken, the actual amounts of fees that apply in any particular case will be readily available to those required to pay them. 
  5. In general terms, subsection (3) imposes a requirement on the Secretary of State, when making regulations under subsection (1), to seek to ensure that – so far as possible and taking one year with another - the fees being imposed match the costs of running NUAR. This reflects the intended approach through which such fees will be targeted to cover such costs but not generate additional revenue beyond this. Subsection (10) clarifies that this balancing exercise includes fees imposed through regulations made under section 106E(1) of NRSWA 1991 and Article 45E(1) of SWNIO 1995 ("combined NUAR income"), and the expenses incurred in running the service across England, Wales and Northern Ireland ("combined NUAR expenses"). This reflects the intention for NUAR to operate as a single service across the three nations.
  6. Before making regulations relating to a fee scheme, the Secretary of State must first comply with the consultation requirements set out at subsection (6). These require consultation with representatives of persons likely to be affected by the fee scheme, and such other persons as the Secretary of State considers appropriate.
Section 106F: Providing information for purposes of regulations under section 106E
  1. In developing and then operating the fees scheme described above, it is likely that the Secretary of State will need to consider a range of different types of information. New section 106F enables the Secretary of State to impose legally binding requirements on undertakers to provide such information for two main purposes.
  2. The Secretary of State may require information from undertakers in order to enable the fees scheme to be developed, or to inform decisions about changes that could be made to the scheme once it is up and running. For example, if a "tiered" approach of the type described above were to be adopted, specific information from undertakers could be required in order to determine how such tiers should be described. Subsection (1) enables the Secretary of State to make regulations for this purpose.
  3. Subsection (2) provides a second power to require information from undertakers. This can be used to request information relevant to more "operational" aspects of the fees scheme, once it has been set up through regulations made under section 106E(1). More specifically, information can be requested in order to ascertain whether a fee is payable by a person under the fees scheme and, if so, enable the amount of such fee to be calculated. 
  4. In addition to requesting information, subsection (3) makes clear that such regulations can also require undertakers to update the Secretary of State about any changes to that information after it has been provided. Further, subsection (4) provides that such regulations may also set out when (and with what frequency) information is to be provided by undertakers, and the form and manner in which information is to be provided. The regulations can also set out exceptions to any requirements to provide information that the regulations imposed.
Section 106G: Monetary Penalties
  1. New section 106G gives effect to the new Schedule 5A, found at Schedule 1 to the Act, which is to be inserted into NRSWA 1991. Schedule 5A makes provision for the Secretary of State to impose monetary penalties as a means of enforcing any requirements to pay fees, or provide information, as set out in regulations made under new sections 106E(1), 106F(1) or 106F(2).
Section 106H: Arrangements for third party to exercise functions 
  1. The new Part 3A inserted into NRSWA 1991 confers a range of functions on the Secretary of State. A number of these functions concern operational aspects of running NUAR, such as the keeping of the register, making information kept in the register available to others, and the receiving of fees. It is anticipated that, in practice, some of the Secretary of State’s functions, save those set out in subsection (8)(a) and (b) of new section 106H inserted into NRSWA 1991 by this section, can be appropriately exercised by others. 
  2. Section 106H(1) and (2) provides for this to be done through the Secretary of State entering into arrangements with one or more persons or organisations. This could mean arrangements providing for more than one person to exercise a function, or for different organisations to exercise different functions. In addition, as set out in subsection (5), the fact that the Secretary of State has entered into arrangements with others in relation to one or more functions does not prevent the Secretary of State from also exercising those functions. Specific provision is also made, in subsection (3), allowing such arrangements to provide for payments to be made by the Secretary of State to the other person or organisation (and to provide for circumstances in which any such payments must be repaid). 
  3. In light of the importance of the identity of such persons or organisations, the Secretary of State will only be able to enter into arrangements with a person where they have been identified, or "prescribed", in regulations for this purpose. Where arrangements have been entered into with a prescribed person or organisation, references to the Secretary of State in any of the provisions of the new Part 3A inserted into NRSWA 1991, or in any regulations made under powers in that Part, are instead (or additionally) to be read as references to the person or organisation concerned insofar as required to reflect the detail of the arrangements. 
  4. Subsection (6) makes provision as to the disclosure of information between the Secretary of State and another party to arrangements under this section, setting out a general approach similar to that provided for in section 106C(3). Likewise, in this context, the Secretary of State is able to disapply this general approach, through the making of regulations, if considered appropriate, and this approach is also subject to section 106I.
  5. Subsection (9) makes clear that if a party to arrangements under this section exercises the function of charging or recovering fees, the person must pay the fees to the Secretary of State, except to the extent that Secretary of State directs otherwise.
Section 106I: Data Protection 
  1. It is not anticipated that information processed for the purposes of NUAR will typically include personal data. However, should any processing of personal data take place as a result of the provision made by (or in regulations under) the new Part 3A being inserted into NRSWA 1991, new section 106I makes clear that this processing will have to be undertaken in accordance with the existing data protection legislation. In this context, both "personal data" and "the data protection legislation" have the same meaning as in the DPA 2018.
Section 106J: Regulations under this Part 
  1. New Part 3A confers a number of powers on the Secretary of State to make regulations, including where a provision refers to the Secretary of State "prescribing" certain things. Section 106J makes provision about how these regulation-making powers can be exercised in practice. This includes, at subsection (4) a requirement for the Secretary of State to obtain the consent of the Welsh Ministers in relation to any provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd, before making regulations under Part 3A of NRSWA 1991 as amended by this Act.
Section 106K: Interpretation 
  1. New section 106K defines various terms for the purposes of this Part.
  2. Subsection (2) of section 56 clarifies that section 166 of NRSWA 1991, so far as it relates to new Part 3A, extends to England and Wales.
  3. Subsection (3) of section 56 provides for the provisions of the new Part 3A inserted into NRSWA 1991 to bind the Crown and clarifies that this is not to be construed as authorising the bringing of proceedings for a criminal offence against a person acting on behalf of the Crown.
  4. Subsection (4) of section 56 gives effect to Schedule 1 which inserts new Schedule 5A into NRSWA 1991. Schedule 5A sets out the legal framework through which the Secretary of State can impose monetary penalties in response to a failure to comply with any requirements set out in regulations made under sections 106E(1) and 106F(1) and 106F(2).

Section 57: Information in relation to apparatus: England and Wales 

  1. Section 57 amends section 79 of NRSWA 1991, and replaces the existing (but as of July 2025, not yet commenced) section 80 of that Act. The amendments to section 79, among other things, require undertakers to record certain information related to apparatus and to enter information into NUAR. The new Section 80 of NRSWA 1991 imposes duties on persons executing works of any description in a street to take other certain steps where they identify missing or incorrect information in existing records, or where they find apparatus and cannot ascertain its owner.
  2. Section 79 of NRSWA 1991 already imposes a number of record-keeping requirements on undertakers in relation to items of apparatus belonging to them. For example, section 79(1) requires an undertaker, as soon as reasonably practicable after specific events occur, to record the location of every item of apparatus, including the nature of the apparatus (if known) and whether it is for the time being in use.
  3. Subsection (3)(c) of this section inserts a new subsection (1B) into section 79 of NRSWA 1991. This new subsection imposes a duty on undertakers to record other information beyond that they are already required to record under section 79(1). This new subsection also makes clear that this duty must be complied with as soon as reasonably practicable after certain events occur, such as placing of an item of apparatus in a street, repairing an item of apparatus or receiving information relating to an item of apparatus under section 80(2)(a), as discussed below.
  4. Currently, undertakers are required to make their records, containing information about apparatus, "available for inspection" by others pursuant to the requirement set out in section 79(3) of NRSWA 1991. Once these new provisions relating to NUAR are in force, this will no longer be necessary. For example, if a person who wishes to undertake works in the street needs to know what apparatus may lie underground, instead of seeking information from multiple different owners of apparatus (each of whom must currently make that information available under section 79(3)), they will be able to access all of this information directly from NUAR. As discussed elsewhere in these notes, new duties will be placed on undertakers to enter information into NUAR, instead of being required to make information available under section 79(3). In light of this, subsection (3)(d) removes the requirement in section 79(3).
  5. Many of these new provisions relating to NUAR deal with how the register will be populated with information, and how the register will operate, in the future. Subsection (3)(f) of this section inserts a new subsection (3B) into section 79 of NRSWA 1991 which requires an undertaker, when recording or updating information as required by section 79(1) or new section 79(1B) of that Act, to then enter the recorded or updated information into NUAR within a time period as set out by the Secretary of State in regulations. 
  6. The existing provisions in section 79, and those inserted by this section, confer powers to "prescribe" certain matters. Subsection (3)(h) of this section inserts a new subsection (7) into section 79 of NRSWA 1991, providing for this to generally mean, in this section, "prescribed by the Secretary of State". However, in section 79(1) and (2), where (in relation to Wales) existing functions to prescribe matters are already conferred on the Welsh Ministers, provision is made by new subsection (7)(a) so that such matters can be prescribed by the Secretary of State in relation to apparatus in streets in England, and can be prescribed by the Secretary of State or the Welsh Ministers in relation to apparatus in streets in Wales.
  7. Before making any regulations under section 79 (as amended by this Act) the Secretary of State is required to obtain the consent of the Welsh Ministers before making regulations under section 79 of NRSWA 1991 in relation to any provision that relates to apparatus in streets in Wales, as provided for by new subsection (8) inserted into section 79 of NRSWA 1991 Act.
  8. Subsection (4) of this section replaces the existing (and not yet in force) section 80 in NRSWA 1991 with a new section 80. This new section 80 addresses the scenario where a relevant person is executing works of any description in a street and finds an item of apparatus that does not belong to them.
  9. More specifically, subsection (2) of the new section 80 applies when a person with access to NUAR (pursuant to regulations under section 106C(1)) finds an item of apparatus in relation to which prescribed information is either not entered in NUAR or where such information is entered incorrectly. In those circumstances the person must attempt to inform the undertaker who owns the apparatus. The undertaker will then be required, in line with the requirement in section 79(1)(c) of NRSWA 1991 (as amended by subsection (3)(b) of this section) to update their own records. Updating their own records in this way will then trigger the requirement in new section 79(3B) for the undertaker to enter this new or updated information into NUAR in such form and manner as may be prescribed (new section 79(3C)). If the person is not able to identify the asset owner then they must enter the information into NUAR themselves. 
  10. A person who fails to comply with subsection (2) of the new section 80 commits a criminal offence, which is triable summarily and, if convicted, can result in a fine not exceeding level 4 on the standard scale. 
  11. The provisions in the new section 80 confer powers on the Secretary of State to prescribe certain matters through the making of regulations. Subsection (5) requires the Secretary of State to obtain the consent of the Welsh Ministers before making regulations under section 80 of NRSWA 1991 as amended by this Act, in relation to any provision that relates to apparatus in streets in Wales.
  12. Before making regulations under section 80 as amended by this Act, the Secretary of State must comply with the consultation requirement set out at subsection (6). This requires consultation with representatives of persons likely to be affected by the regulations, and such other persons as the Secretary of State considers appropriate.
  13. As originally drafted, section 104 of NRSWA 1991 makes general provision in relation to regulations made under Part 3 of that Act. Subsection (6) of this section makes a number of amendments to section 104 as a result of the approach this Act takes to sections 79 and 80 of NRSWA 1991ct. Subsection (6)(b) inserts a new subsection (1A) into section 104, providing that regulations under Part 3 may make different provision for different cases, and supplementary or incidental provision. It also confirms that regulations made under Part 3 shall be made by statutory instrument, and that the negative procedure shall apply in relation to any such regulations made by the Secretary of State.

Section 58: National Underground Asset Register: Northern Ireland 

  1. Paragraphs 451-503 of these explanatory notes set out how the NUAR service will operate in England and Wales as a result of sections 56, 57, 60 and Schedule 1 of the Act. These provisions allow for a single, sustainable service to operate effectively across England and Wales.
  2. NUAR will also operate across Northern Ireland as provided for by sections 58, 59, 60 and Schedule 2 of the Act. These sections (and the Schedule) essentially mirror, for Northern Ireland, the provisions made for England and Wales. 
  3. As set out above, provision for NUAR in England and Wales is made through amendments to NRSWA1991. The equivalent legislation for Northern Ireland is the Street Works (Northern Ireland) Order 1995 ("SWNIO 1995"), which this section amends in order to make equivalent provision for NUAR in Northern Ireland. 
  4. Subsection (3) of section 58 inserts new Articles 45A – 45I into SWNIO 1995, making equivalent provision to new sections 106A to 106K this Act inserts into NRSWA 1991 for England and Wales. These new Articles therefore set out, for Northern Ireland, a legislative framework for NUAR, including empowering the Secretary of State to make provision by regulations in connection with the making of information kept in NUAR available to others, the payment of fees by undertakers in relation to NUAR, requiring undertakers to provide information to the Secretary of State for the purposes of regulations, monetary penalties and arrangements for third parties to exercise relevant functions of the Secretary of State.
Section 45A: National Underground Asset Register 
  1. New Article 45A in SWNIO 1995 is, for Northern Ireland, the equivalent of section 106A in NRSWA 1991 for England and Wales (see paragraph 453) above). This Article places a duty on the Secretary of State to keep a register of information ("NUAR") relating to apparatus in streets in Northern Ireland.
  2. Although the legislative requirements to keep a register in England and Wales, and in Northern Ireland, are distinct, the intention is for there to be a single register across all three of these parts of the UK. New Article 45A(5) makes provision to facilitate this. 
Section 45B: Initial upload of information into NUAR 
  1. New Article 45B in SWNIO 1995 Order is, for Northern Ireland, the equivalent of section 106B in NRSWA 1991 for England and Wales (see paragraph 457 above). This Article operates in an equivalent way to the Section 106B in requiring undertakers having apparatus in a street to complete a one-off initial upload of their existing records into NUAR within a time period to be set out by the Secretary of State in regulations. 
Section 45C: Access to information kept in NUAR 
  1. New Article 45C in SWNIO 1995 is, for Northern Ireland, the equivalent of section 106C in NRSWA 1991 for England and Wales (see paragraph 462 above). This Article makes equivalent provision to allow the Secretary of State to make regulations to allow information kept in NUAR to be made available to others.
Section 45D: Guidance
  1. New Article 45D in SWNIO 1995 is, for Northern Ireland, the equivalent of section 106D in NRSWA 1991 for England and Wales (see paragraph 466 above).
  2. This section requires the Secretary of State to produce guidance on how to protect information kept in, or obtained from, NUAR for persons who are able to access it in reliance of regulations made under section 45C.
  3. Subsection (5) clarifies that a single piece of guidance may be produced and published for persons accessing information kept in NUAR under section 106D of NRSWA 1991 and under Article 45D of SWNIO 1995.
Section 45E: Fees payable by undertakers in relation to NUAR 
  1. New Article 45E in SWNIO 1995 is, for Northern Ireland, the equivalent of section 106E in NRSWA 1991 for England and Wales (see paragraph 469 above). As in England and Wales the intention is for NUAR to be funded by undertakers having apparatus in a street - that is, those who benefit most from the service. These provisions allow for a fees scheme to be put in place, providing funding for the operation of NUAR. For these purposes, and as provided for by new Article 45E(7), the income received through such fees, and the expenses incurred in running NUAR, will both be combined across England, Wales and Northern Ireland as the Secretary of State seeks to ensure that – so far as possible and taking one year with another – the fees being imposed match the overall costs of running NUAR.
Article 45F: Providing information for purposes of regulations under Article 45D 
  1. New Article 45F in SWNIO 1995 is, for Northern Ireland, the equivalent of section106F in NRSWA 1991 for England and Wales (see paragraphs 475 above). In developing and then operating the fees scheme described above, it is likely that the Secretary of State will need to consider a range of different types of information. New Article 45F enables the Secretary of State to impose legally binding requirements on undertakers to provide such information for either or both of the purposes set out in subsection (1).
Article 45G: Monetary Penalties 
  1. This section gives effect to the new Schedule 2ZA to SWNIO 1995 Order (found at Schedule 2 to this Act) which is, for Northern Ireland, the equivalent of the new Schedule 5A to NRSWA 1991 (found at Schedule 1 to this Act) for England and Wales (see paragraph 479 above). Schedule 2ZA makes provision for the Secretary of State to impose monetary penalties as a means of enforcing any requirements to pay fees, or provide information, as set out in regulations made under new Articles 45E(1), 45F(1) or 45F(2).
Article 45H: Arrangement for third party to exercise functions 
  1. New Article 45H in SWNIO 1995 is, for Northern Ireland, the equivalent of section 106H in NRSWA 1991 for England and Wales (see paragraph 480 above).
  2. The new Articles 45A to 45I and Schedule 2ZA (which will be defined by the amended Article 2 of SWNIO 1995 as the "NUAR provisions") confer a range of functions on the Secretary of State. A number of these functions concern operational aspects of running NUAR, such as the keeping of the register, making information kept in the register available to others, and the receiving of fees. Article 45H makes provision for the approach, as in England and Wales, whereby the Secretary of State can enter into arrangements for another person to exercise these functions of the Secretary of State, save for those set out in Article 45H(7)(a) and (b).
Article 45I: Data Protection 
  1. New Article 45I in SWNIO 1995 is, for Northern Ireland, the equivalent of section 106I in NRSWA 1991 for England and Wales (see paragraph 485 above). 
  2. It is not anticipated that information processed for the purposes of NUAR will typically include personal data. However, should any processing of personal data take place as a result of the provision made by (or in regulations under) a NUAR provision, section 45I makes clear that this processing will have to be undertaken in accordance with the existing data protection legislation. In this context, "processing", "personal data" and "the data protection legislation" have the same meaning as in the DPA 2018.
  3. Subsection (4) of section 58 makes a number of amendments to Article 59 of SWNIO 1995, setting out a number of procedural requirements that will apply in relation to regulations made under a NUAR provision. New Article 59(A1) imposes on obligation on the Secretary of State to obtain the consent of the Department of Infrastructure in Northern Ireland before making regulations under SWNIO 1995. Other new paragraphs inserted into Article 59 – among other things – set out the relevant Parliamentary procedures which apply to such regulations when made by the Secretary of State.

Section 59: Information in relation to apparatus: Northern Ireland 

  1. Section 59 amends Article 39 of SWNIO 1995 to make equivalent changes to those made to section 79 of NRSWA 1991 by section 57 (see paragraph 491 above).
  2. Section 59(3)(c) inserts a new paragraph (1B) into Article 39, which makes equivalent provision to the new subsection (1B) inserted into section 79 of NRSWA 1991. This introduces a requirement for undertakers having apparatus in a street to record additional, prescribed information as soon as practicable after specific events occur. Section 59(3)(f) inserts new paragraphs (3B) and (3C) into Article 39, requiring this information to be uploaded to NUAR in a prescribed form and manner within a prescribed period. 
  3. Similarly, as with section 79(3) of NRSWA 1991, the requirement for undertakers to make their records "available for inspection" by others at Article 39(3), is removed (see section 59(3)(d)).
  4. Article 40 of SWNIO 1995 (which is not yet in force) makes equivalent provision to the existing section 80 of NRSWA 1991 (which is, as of July 2025, also not yet in force). Section 59(4) substitutes a new Article 40 into SWNIO 1995. The new Article 40, like the new section 80 substituted into NRSWA 1991Act, addresses the scenario where a relevant person is executing works of any description in a street and finds an item of apparatus that does not belong to them. 
  5. A person who fails to comply with paragraph (2) of the new Article 40, as with the equivalent provisions in the new section 80 inserted into NRSWA 1991, commits a criminal offence, which is triable summarily and, if convicted, can result in a fine not exceeding level 4 on the standard scale. 
  6. The provisions in the new Article 40 confer powers on the Secretary of State to prescribe certain matters through the making of regulations. Sub-paragraph (5) requires the Secretary of State to consult representatives of persons likely to be affected by the regulations and such other persons as the person making the regulations considers appropriate.

Section 60: Pre-commencement consultation 

  1. This section makes express provision confirming that any requirement to consult as set out in any provision inserted into NRSWA 1991 by sections 56 or 57, or inserted into SWNIO 1995 by sections 58 or 59, can be satisfied by consultation before the day on which this Act is passed.

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