Section 59(4)

For Article 40 (duty to inform undertakers of location of apparatus) substitute— Paragraph (2) applies where a relevant person executing works of any description in a street finds an item of apparatus which does not belong to the person in relation to which prescribed information— is not entered in NUAR, or is entered in NUAR but is incorrect. Except in such cases as may be prescribed, the person must— take such steps as are reasonably practicable to inform the undertaker to whom the item belongs of the missing or incorrect information, and if (having taken such steps) the person is unable to inform the undertaker to whom the item belongs of the missing or incorrect information, enter into NUAR, in such form and manner as may be prescribed, prescribed information in relation to the item. A person who fails to comply with paragraph (2) commits an offence. A person who commits an offence under paragraph (3) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. Before making regulations under this Article the Secretary of State must consult— such representatives of persons likely to be affected by the regulations as the Secretary of State considers appropriate, and such other persons as the Secretary of State considers appropriate. For the purposes of this Article a person executing works in a street is a “relevant person” if the person has, pursuant to regulations under Article 45C, access to NUAR in relation to the street in question. For the meaning of “NUAR”, see Article 45A.

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