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Part VIIU.K. Inland Waterways

Other inland waterway provisionsE+W+S

112 Power to extinguish statutory rights and obligations in respect of canals not comprised in undertaking of Board [F1or Canal & River Trust].E+W+S

(1)In the case of any canal which is not comprised in the undertaking of the Waterways Board [F2or Canal & River Trust], the Minister[F3, or, in the case of a canal in Scotland, the Scottish Ministers,] may by order direct all or any of the following, that is to say—

(a)that any local enactment passed with respect to that canal shall cease to have effect so far as it confers any public or private right of navigation over that canal;

(b)that any such enactment shall cease to have effect so far as it imposes any duty to maintain that canal for the purpose of navigation (including any duty to supply, or maintain a supply of, water for the canal for that purpose);

(c)that section 17 of the M1Regulation of Railways Act 1873 if applicable to that canal, shall cease to apply to it.

(2)An order under this section in respect of any canal may be made on the application of the person who owns or manages the canal, on the application of [F4[F5any local authority or [F6water] [F4Scottish Water or any local] authority] in whose][F5the National Rivers Authority or any local authority in whose] area the canal is situated, or without any application being made.

(3)An order under this section in respect of any canal—

(a)shall specify the person, whether the person who owns or manages the canal, a [F7local authority, [F8a [F6water authority]] [F8Scottish Water] or the][F7local authority, the National Rivers Authority or ] [F9the authority making the order] , by whom any such compensation as is mentioned in subsection (4) of this section is to be paid;

(b)may confer on a person specified in the order power to authorise any use of the canal which would have been authorised by a statutory right of navigation which by virtue of the order ceases to be exercisable as respects the canal;

(c)may make provision, in relation to the canal or any works connected therewith, for purposes corresponding to those of section 109 of this Act; and

(d)may include such incidental or supplementary provisions as [F10the authority making the order] thinks fit, including provisions for applying section 259 of the M2Public Health Act 1936 and [F11section 215 of the Town and Country Planning Act 1990], or, as the case may be, F12... [F13section 179 of the Town and Country Planning (Scotland) Act 1997] to the canal.

(4)Any person who suffers loss by reason of the extinguishment by virtue of an order under this section of any private right shall be entitled to be paid by the person specified in that behalf in the order compensation to be determined, in case of dispute, by the appropriate tribunal; and the tribunal shall, in determining the compensation, take into account any contractual right offered by the person who owns or manages the canal in substitution for the right which is extinguished.

(5)Schedule 13 to this Act shall have effect in relation to the making of any order under this section, and any such order shall [F14, in the case of an order made by the Minister,] be subject to annulment in pursuance of a resolution of either House of Parliament[F15, and in the case of an order made by the Scottish Ministers, is subject to the negative procedure].

(6)In this section “canal” includes any navigation which has been made under, or in respect of which tolls may be levied by virtue of, any enactment, and references to a canal include references to part of a canal.

F16(6A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)F17

Textual Amendments

F5Words commencing “the National Rivers" substituted (E.W.) for words commencing “any local" by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 38(2)(a) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

F6Words substituted by virtue of Water Act 1973 (c. 37), s. 9(a)

F7Words commencing “local authority, the National" substituted (E.W.) for words commencing “local authority, a water" by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 38(2)(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

F13Words in s. 112(3)(d) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 17(2)

Marginal Citations

113 Byelaws in respect of waterways owned or managed by certain bodies.E+W+S

(1)The Minister may, on the application of any qualified body which owns or manages an inland waterway and after consultation with the relevant authority, by order confer on that body power to make byelaws in relation to that waterway for such purposes as may be specified in the order.

(2)Byelaws made by virtue of an order under this section shall not have effect until confirmed by the Minister, and before applying to the Minister for the confirmation of any byelaws the body concerned shall take such steps as may be specified in the order for securing that persons affected by the byelaws have an opportunity of making representations thereon to the Minister.

(3)If any person contravenes, or fails to comply with, any byelaws made by virtue of an order under this section he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F18level 1 on the standard scale], and if the contravention or failure to comply is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £5 for each day on which it is so continued.

(4)An order under this section may contain such supplementary provisions as the Minister thinks necessary or expedient.

(5)In this section—

(6)Section 40 of the M4Railway and Canal Traffic Act 1888 (which makes provision as to the byelaws of canal companies) shall not apply to byelaws made by virtue of an order under this section.

114 Power of local authorities to assist in maintaining waterways for amenity purposes.E+W+S

Without prejudice to section 109 of this Act, a local authority may assist any other person (whether financially, by the provision of services or facilities, or otherwise) in maintaining or improving for amenity or recreational purposes, including fishing—

(a)any inland waterway situated wholly or partly in the area of the authority; and

(b)any other inland waterway which is so situated that it can conveniently be used for those purposes by persons residing in the area of the authority.