Part 3: National Underground Asset Register Section 57: Information in relation to apparatus: England and Wales
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.
	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.
	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.
	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).
	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.
	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.
	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.
	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.
	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.
	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.
	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.
	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.
	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.