Section 106B

Before the end of the initial upload period an undertaker having apparatus in a street must enter into NUAR— all information that is included in the undertaker’s records under section 79(1) on the archive upload date, and any other information of a prescribed description that is held by the undertaker on that date. The duty under subsection (1) does not apply in such cases as may be prescribed. Information must be entered into NUAR under subsection (1) in such form and manner as may be prescribed. An undertaker who fails to comply with a duty placed on the undertaker under this section— commits an offence, and is liable to compensate any person in respect of damage or loss incurred by the person in consequence of the failure. A person who commits an offence under subsection (4)(a) is liable on summary conviction to a fine. In criminal or civil proceedings against an undertaker arising out of a failure to comply with a duty under this section, it is a defence for the undertaker to show that all reasonable care was taken to secure that no such failure occurred by— the undertaker and the undertaker’s employees, and any contractor of the undertaker and the contractor’s employees. Section 95 applies in relation to an offence under this section as it applies in relation to an offence under Part 3. For the purposes of subsection (1) the Secretary of State must by regulations— specify a date as “the archive upload date”, and specify a period beginning with that date as the “initial upload period”. Regulations under this section are subject to the negative procedure.

← 6 · All articles · 1 →

Source: legislation.gov.uk · retrieved 2026-09-04