(2) In this Part “ processing ” has the same meaning as in the Data Protection Act 2018 (see section 3(4) of that Act) and “process” is to be read accordingly. ”
(2) Section 166 of the New Roads and Street Works Act 1991, so far as relating to Part 3A of that Act (inserted by subsection (1)), extends to England and Wales.
(3) In section 167 of that Act (Crown application), after subsection (5) insert—
“ (5A) The provisions of Part 3A of this Act (National Underground Asset Register: England and Wales) bind the Crown.
(5B) Nothing in subsection (5A) is to be construed as authorising the bringing of proceedings for a criminal offence against a person acting on behalf of the Crown. ”
(4) Schedule 1 to this Act inserts Schedule 5A into the New Roads and Street Works Act 1991 (monetary penalties).
I107 S. 56 in force at Royal Assent for specified purposes, see s. 142(1)(2) (h)
57 Information in relation to apparatus: England and Wales U.K.
(1) The New Roads and Street Works Act 1991 is amended in accordance with subsections (2) to (6).
(2) For the italic heading before section 79 (records of location of apparatus) substitute “Duties in relation to recording and sharing of information about apparatus” .
(3) In section 79—
(a) for the heading substitute “Information in relation to apparatus” ;
(b) in subsection (1), for paragraph (c) substitute—
“ (c) being informed of its location under section 80(2)(a), ” ;
(c) after subsection (1A) (as inserted by section 46(2) of the Traffic Management Act 2004) insert—
“ (1B) An undertaker must, except in such cases as may be prescribed, record in relation to every item of apparatus belonging to the undertaker such other information as may be prescribed as soon as reasonably practicable after—
(a) placing the item in the street or altering its position,
(b) inspecting, maintaining, adjusting, repairing, altering or renewing the item,
(c) locating the item in the street in the course of executing any other works, or
(d) receiving any such information in relation to the item under section 80(2)(a). ” ;
(d) omit subsection (3);
(e) in subsection (3A) (as inserted by section 46(4) of the Traffic Management Act 2004)—
(i) for “to (3)” substitute “and (2A)” ;
(ii) for “subsection (1)” substitute “this section” ;
(f) after subsection (3A) insert—
“ (3B) Except in such cases as may be prescribed, where an undertaker records information as required by subsection (1) or (1B), or updates such information, the undertaker must, within a prescribed period, enter the recorded or updated information into NUAR.