Modifications etc. (not altering text)
C1Pt. 3 (ss. 48-106) modified (14.3.2002) by The Chester Guided Busway Order 2002 (S.I. 2002/412), arts. 3(1)(2) (with art. 38);
Pt. 3 (ss. 48-106) modified (30.4.2002) by The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002 (S.I. 2002/1066), art. 3(1)
C2Pt. 3 (ss. 48-106) applied (6.11.2000) by 2000 c. 26, s. 95, Sch. 6 para. 1(3); S.I. 2000/2957, art. 2(1), Sch. 1
Pt. 3 (ss. 48-106) modified (29.3.2001) by S.I. 2001/1348, art. 21(2)
Pt. 3 (ss. 48-106) amended (24.7.2001) by S.I. 2001/3627, art. 4(1)
C3Definition in Pt. 3 (ss. 48-106) applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 71-84, 162-172, 219(1), 223(2), Sch. 6 para. 6(3)(a).
C4Definition in Pt. 3 (ss. 48-106) applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 221(1), 225(2), Sch. 22 para. 3(2).
C5Pt. 3 excluded (16.3.1992) by Avon Weir Act 1992 (c. v), s. 6(3) (with s. 61(1))
C6Pt. 3 modified (1.1.1993) by Pipelines Act 1962 (c. 58), s. 16(1) (as substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22), s. 168(1), Sch. 8 Pt. 3 para. 101(3); S.I. 1992/2984, art. 2(2), Sch.2)
Pt. 3 modified (27.7.1993) by 1993 c. xv, s. 4(1)
Pt. 3 (ss. 48-106) excluded (27.7.1993) by 1993 c. xv, s. 4(2)
C7Pt. 3 applied (with modifications) (21.7.1994) by 1994 c. xv, s. 4(1)
Pt. 3 applied (21.7.1994) by 1994 c. xv, s. 45(5)(a)
Pt. 3 excluded (21.7.1994) by 1994 c. xv, s. 21(2)
Pt. 3 restricted (21.7.1994) by 1994 c. xv, s. 4(2)
C8Pt. 3 excluded (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 para. 1(3)
Pt. 3 modified (18.12.1996) by 1996 c. 61, s. 3, Sch. 3 para. 8
C9Pt. 3 extended (28.7.1998) by 1998 c. iv, s. 3
C10Pt. 3 applied (27.8.1998) by S.I. 1998/1936, arts. 1, 41, Sch. 10 paras. 2(8), 3(2)
Pt. 3 modified (13.1.1999) by S.I. 1998/3269, art. 4(1)
C11Pt. 3 modified (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), arts. 1, 3(1)
C12Pt. 3 modified (11.2.2005) by The Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), arts. 1, 4(1)(2) (with arts. 65, 66)
C13Pt. 3 modified (22.3.2005) by The Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005 (S.I. 2005/927), art. 3(1)(2) (with art. 51)
C14Pt. 3 modified (22.7.2005) by The Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 (S.I. 2005/1794), arts. 1, 3(1)(2) (with art. 47)
C15Pt. 3 applied (3.8.2005) by The Greater Manchester (Leigh Busway) Order 2005 (S.I. 2005/1918), arts. 1, 3(1)
C16Pt. 3 modified (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), arts. 1, 8(7) (with arts. 45(1), 48, Sch. 10 paras. 21, 29)
C17Pt. 3 restricted (8.10.2005) by The Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005 (S.I. 2005/2786), arts. 1, 10(3)
C18Pt. 3 modified (8.10.2005) by The Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005 (S.I. 2005/2786), arts. 1, 9(1)
C19Pt. 3 modified (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), arts. 1, 3(1) (with arts. 3(5), 15(3))
C20Pt. 3 applied (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), arts. 1, 3(1) (with art. 52)
C21Pt. 3 modified (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), arts. 1, 3(1)(2) (with art. 43)
C22Pt. 3 modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), arts. 1, 3
C23Pt. 3 modified (28.9.2007) by The London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), arts. 1, 3(1) (with arts. 19, 28, Sch. 3 para. 13(2))
C24Pt. 3 modified (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 6(6) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))
C25Pt. 3 modified (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 6(1) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))
C26Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 3 para. 8
C27Pt. 3 excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 17 para. 1(3)
C28Pt. 3 modified (14.10.2008) by The Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 4(1) (with art. 36(3))
C29Pt. 3 modified (9.6.2009) by The Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 1, 4(1)(2) (with Sch. 13 para. 14(2), Sch. 14 para. 19, Sch. 16)
C30Pt. 3 modified (18.9.2009) by The London Underground (Victoria Station Upgrade) Order 2009 (S.I. 2009/2364), arts. 1, 3(1)(2)
C31Pt. 3 modified (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), arts. 1, 3(1) (with art. 51, Sch. 10 paras. 68, 85)
C32Pt. 3 modified (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 4(1)
C33Pt. 3 modified (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 4(1) (with art. 42(2))
C34Pt. 3 applied (with modifications) (9.4.2013) by The Hinkley Point C (Nuclear Generating Station) Order 2013 (S.I. 2013/648), arts. 1, 9 (with arts. 48, 68, 79)
C35Pt. 3 modified (22.8.2013) by The Leeds Railway Station (Southern Entrance) Order 2013 (S.I. 2013/1933), arts. 1, 3(1)
C36Pt. 3 modified (6.11.2013) by The Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013 (S.I. 2013/2587), arts. 1, 4(1)(2) (with arts. 42, 43)
C37Pt. 3 modified (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 8(1)(2)
(1)An undertaker shall, except in such cases as may be prescribed, record the location of every item of apparatus belonging to him as soon as reasonably practicable after—
(a)placing it in the street or altering its position,
(b)locating it in the street in the course of executing any other works, or
(c)being informed of its location under section 80 below,
stating the nature of the apparatus and (if known) whether it is for the time being in use.
(2)The records shall be kept up to date and shall be kept in such form and manner as may be prescribed.
(3)An undertaker shall make his records available for inspection, at all reasonable hours and free of charge, by any person having authority to execute works of any description in the street or otherwise appearing to the undertaker to have a sufficient interest.
(4)If an undertaker fails to comply with his duties under this section—
(a)he commits an offence and is liable on summary conviction to a fine not exceeding [F1level 5] on the standard scale; and
(b)he is liable to compensate any person in respect of damage or loss incurred by him in consequence of the failure.
(5)In criminal or civil proceedings arising out of any such failure it is a defence for the undertaker to show that all reasonable care was taken by him, and by his contractors and by persons in his employ or that of his contractors, to secure that no such failure occurred.
(6)An order under section 102 (power to make consequential amendments, repeals, &c.) relating to an enactment or instrument containing provision for the keeping of records of apparatus which appears to the Secretary of State to be superseded by or otherwise inconsistent with the provisions of this section—
(a)shall not be subject to the procedure provided for in Schedule 5, and
(b)may make such transitional and other provision as appears to the Secretary of State appropriate for applying in relation to records compiled under that enactment or instrument the provisions of subsections (2) to (5) above and section 80 below.
Textual Amendments
F1Words in s. 79(4) substituted (4.10.2004 for E., 26.11.2007 for W.) by Traffic Management Act 2004 (c. 18), ss. 40(1)(2), 99(1), Sch. 1; S.I. 2004/2380, art. 2(d)(i) (with art. 3); S.I. 2007/3174, art. 2, Sch. (with art. 4)
Modifications etc. (not altering text)
C38Ss. 54-106 applied (28.2.2013) by The Rookery South (Resource Recovery Facility) Order 2011 2013 (S.I. 2013/680), art. 10(3)
C39Ss. 54-106 applied (9.4.2013) by The Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013 (S.I. 2013/675), arts. 1, 9(2)
C40Ss. 54-106 applied (15.6.2013) by The Galloper Wind Farm Order 2013 (S.I. 2013/1203), arts. 1, 13(3) (with arts. 11, 12)
C41Ss. 54-106 applied (15.8.2013) by The North Blyth Biomass Power Station Order 2013 (S.I. 2013/1873), arts. 1, 9(3) (with art. 30)
C42S. 79(1) excluded (E.) (1.5.2003) by The Street Works (Records) (England) Regulations 2002 (S.I. 2002/3217), regs. 1(1), 5
C43S. 79(1) restricted (W.) (1.12.2005) by Street Works (Records) (Wales) Regulations 2005 (S.I. 2005/1812), regs. 1(1), 5
Commencement Information
I1S. 79 partly in force; s. 79 not in force at Royal Assent, see s. 170
S. 79(1)(a)(b)(2)-(6) in force for E. at 1.5.2003 by S.I. 2002/3267, art. 2
I2S. 79(1)(a)(b)(2)-(6) in force for W. at 23.7.2004 by S.I. 2004/1780, art. 2