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.
	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.
	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.
	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.
Part 3: National Underground Asset Register Section 56: National Underground Asset Register: England and Wales Section 106C: Access to information kept in NUAR