Transport Act 1968

Supplementary U.K.

115 Interpretation of Part VII. E+W+N.I.

(1) In sections 105 and 112 of this Act—

(a) references to any right of navigation over a waterway or canal include references to any right to use or keep any vessel or craft on the waterway or canal;

(b) “the appropriate tribunal” means, as respects England and Wales, the [F1 Upper] and, as respect Scotland, the Lands Tribunal for Scotland or, until sections 1 to 3 of the M1 Lands Tribunal Act 1949 come into force as regards Scotland, an official arbiter appointed under Part I of the M2 Land Compensation (Scotland) Act 1963;

and sections 3 and 5 of the said Act of 1963 shall apply, subject to any necessary modifications, in relation to the determination of any question under either of those sections by an arbiter so appointed.

(2) Nothing in section 105 or in any order under section 112 of this Act shall be construed as abrogating any rights of navigation which subsist otherwise than by virtue of the enactments referred to in subsections (5) and (6) of the said section 105 or subsection (1) of the said section 112; and in those subsections references to rights conferred by an enactment do not include references to rights which are merely confirmed by it and which, if that enactment had not been passed, would subsist otherwise than by virtue of any such enactments as aforesaid.

(3) In sections 109, 112, 113 and 114 of this Act, “local authority” means—

(a) as respects England and Wales, the council of a county, F2 ... [F3 district] or London borough, F4 ... and the Common Council of the City of London;

F5 (b) . . . . . . . . . . . . . . . . .

F6 (4) . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F1 Word in s. 115(1)(b) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 90 (with Sch. 5)

F2 Words repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30

F3 Word substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), s. 179(3)

F4 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F5 S. 115(3)(b) omitted by virtue of Local Government (Scotland) Act 1973 (c. 65), Sch. 18 para. 19

F6 S. 115(4) repealed by Water Act 1973 (c. 37 SIF 130), Sch. 9

Marginal Citations

M1 1949 c. 42.

M2 1963 c. 51.

115 Interpretation of Part VII. S

(1) In sections 105 and 112 of this Act—

(a) references to any right of navigation over a waterway or canal include references to any right to use or keep any vessel or craft on the waterway or canal;

(b) “the appropriate tribunal” means, as respects England and Wales, the [F1 Upper] and, as respect Scotland, the Lands Tribunal for Scotland or, until sections 1 to 3 of the M3 Lands Tribunal Act 1949 come into force as regards Scotland, an official arbiter appointed under Part I of the M4 Land Compensation (Scotland) Act 1963;

and sections 3 and 5 of the said Act of 1963 shall apply, subject to any necessary modifications, in relation to the determination of any question under either of those sections by an arbiter so appointed.

(2) Nothing in section 105 or in any order under section 112 of this Act shall be construed as abrogating any rights of navigation which subsist otherwise than by virtue of the enactments referred to in subsections (5) and (6) of the said section 105 or subsection (1) of the said section 112; and in those subsections references to rights conferred by an enactment do not include references to rights which are merely confirmed by it and which, if that enactment had not been passed, would subsist otherwise than by virtue of any such enactments as aforesaid.

[F7 [F8 (3) In sections 109, 112 and 113 of this Act “local authority” means a regional or islands council and in section 114 of this Act means a regional, islands or district council.]]

[F9 (3A) In sections 109, 112, 113 and 114 of this Act, “local authority” means, as respects Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]

F10 (4) . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Textual Amendments

F1 Word in s. 115(1)(b) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 90 (with Sch. 5)

F7 S. 115(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(9); S.I. 1996/323, art. 4(1)(b)(c)

F8 S. 115(3) substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 18 para. 19

F9 S. 115(3A) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 80(9); S.I. 1996/323, art 4(b)(c)

F10 S. 115(4) repealed by Water Act 1973 (c. 37 SIF 130), Sch. 9

Marginal Citations

M3 1949 c. 42.

M4 1963 c. 51.