Street Works (Records) (Wales) Regulations 2005

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and includes works which cannot reasonably be severed from such works.

Form and manner of records
     3. —(1) Subject to regulation 5, a record of every item of apparatus belonging to an undertaker and placed in the street must be kept by that undertaker on paper, or, subject to regulation 4, in the form of an electronic record or a combination of both, and must be prepared in the form of :

(a) a location or route map recorded on a map background, which is:


(i) related to the Ordnance Survey National Grid, subject to paragraph (2); and

(ii) prepared to an accuracy at least equivalent to the scale of an Ordnance Survey map which is nearest to the scale of that map background; or



(b) a statement of National Grid co-ordinates derived from a geographical information system.

    (2) Ordnance Survey County Series Mapping may only be used to record the location or route map for a period not exceeding five years from the date on which these Regulations come into force (the "transitional period"), and records made in this way must be transferred into one of the other forms prescribed by paragraph (1) by no later than the end of the transitional period.

    (3) In preparing the record, the location and route of the apparatus must be recorded so that the measured position is within 300mm of the actual position and the recorded position is within 500mm of the actual position.

Electronic Records
     4. Where an electronic record is kept pursuant to regulation 3 above, it must be capable of being reproduced in a sufficiently legible form to comply with the duty imposed by section 79(3) of the Act (duty to make records available for inspection).

Exceptions
     5. The duty in section 79(1) of the Act to keep a record of the location of every item of apparatus will not apply:-

(a) where compliance would lead to the disclosure of the following types of restricted information:


(i) information certified by or with the authority of the Secretary of State as being restricted information in the interest of national security;

(ii) information certified by or with the authorisation of an undertaker as being restricted information in accordance with the commercial interests of the undertaker;



(b) to any apparatus placed by an undertaker in the street within its existing apparatus where the location of the existing apparatus has already been recorded in a form prescribed by regulation 3;

(c) to any apparatus placed in the street prior to the date on which these Regulations came into force;

(d) to any apparatus belonging to an undertaker which is discovered by him in the street during the course of emergency works or urgent works carried out by him;

(e) to any apparatus not installed underground; and

(f) to service pipes and lines.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[3]


D. Elis-Thomas
The Presiding Officer of the National Assembly

5 July 2005

[2] The powers of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/ 672).back

[3] 1998 c.38back