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Part VIIU.K. Inland Waterways

The Board’s waterwaysU.K.

104 Classification of the Board’s waterways.U.K.

(1)For the purposes of sections 105 to 111 of this Act the inland waterways comprised in the undertaking of the Waterways Board shall be divided into—

(a)the waterways for the time being specified in Part I of Schedule 12 to this Act, being waterways (in this Part of this Act referred to as “the commercial waterways”) to be principally available for the commercial carriage of freight;

(b)the waterways for the time being specified in Part II of that Schedule, being waterways (in this Part of this Act referred to as “the cruising waterways”) to be principally available for cruising, fishing and other recreational purposes; and

(c)the remainder.

(2)The description contained in the said Schedule 12 of any waterway shall be read subject to any order made by the Minister [F1or, in the case of a waterway in Scotland, the Scottish Ministers] for giving greater precision to that description by reference to a map.

(3)The Minister [F2or, in the case of a waterway in Scotland, the Scottish Ministers] may by order transfer any waterway from one Part of the said Schedule 12 to the other Part, remove any waterway from either of those Parts or add to either of those Parts any inland waterway for the time being comprised in the undertaking of the Board which is not for the time being a commercial waterway or a cruising waterway.

(4)Schedule 13 to this Act shall have effect in relation to the making of any order under subsection (3) of this section, and any such order shall be subject to annulment [F3in the case of an order made by the Minister,] in pursuance of a resolution of either House of Parliament [F4in the case of an order made by the Scottish Ministers, in pursuance of a resolution of the Scottish Parliament.].

(5)In subsection (3) of this section references to any waterway include references to any part of that waterway.

Textual Amendments

F1Words in s. 104(2) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II para. 3(17) (with art. 4)

F2Words in s. 104(3) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II para. 3(18) (with art. 4)

F3Words in s. 104(4) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II para. 3(19)(a) (with art. 4)

F4Words in s. 104(4) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II para. 3(19)(b) (with art. 4)

Modifications etc. (not altering text)

C1S. 104 applied (with modifications) (S.) (4.1.1995) by 1994 c. 39, s. 40(7) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

105 Maintenance of the Board’s waterways.U.K.

(1)With a view to securing the general availability of the commercial and cruising waterways for public use, it shall be the duty of the Waterways Board, subject to the provisions of this section—

(a)to maintain the commercial waterways in a suitable condition for use by commercial freight-carrying vessels; and

(b)to maintain the cruising waterways in a suitable condition for use by cruising craft, that is to say, vessels constructed or adapted for the carriage of passengers and driven by mechanical power.

(2)Neither paragraph (a) nor paragraph (b) of subsection (1) of this section shall impose on the Board any duty to maintain a waterway, or any part of a waterway, in a suitable condition for use by any vessel of the kind mentioned in that paragraph unless the dimensions of the vessel (that it to say, its length, width, height of superstructure and draught)—

(a)correspond to, or are less than, those of a vessel of that kind which customarily used that waterway or part during the period of nine months ending with 8th December 1967; or

(b)if the waterway or part has been restored or improved since that date, are such as to make it suitable for use on that waterway or part;

but, save as aforesaid, the duty imposed by that paragraph shall extend to any vessel of the kind therein mentioned as respects the dimensions of which paragraph (a) or (b) of this subsection is satisfied.

(3)If it appears to the Minister that, having regard to any change in the size, design or type of vessel customarily using any commercial waterway or cruising waterway, or any part thereof, it is desirable to exercise his powers under this subsection, he may (after consultation with the Board) by order substitute for the duty imposed on the Board by the foregoing provisions of this section in respect of that waterway or part such duty in respect of the maintenance thereof as he considers appropriate having regard to that change, and may by that order make such incidental or transitional provision as he thinks necessary or expedient in connection therewith.

[F5(3A)In the case of a waterway or any part of a waterway in Scotland, the power of the Minister under subsection (3) above shall be exercisable, instead, by the Scottish Ministers; and where the Scottish Ministers exercise that power, the reference in subsection (4) below to either House of Parliament shall be construed as a reference to the Scottish Parliament.]

(4)Schedule 13 to this Act shall have effect in relation to the making of any order under subsection (3) of this section, and any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Section 17 of the M1Regulation of Railways Act 1873 (which requires the Board to maintain certain inland waterways) shall cease to apply to any inland waterway which on the date on which this section comes into force is comprised in the undertaking of the Board; and any local enactment passed with respect to any such inland waterway, so far as that enactment—

(a)confers any public or private right of navigation over the waterway; or

(b)imposes any duty to maintain that waterway for the purpose of navigation (including any duty to supply, or maintain a supply of, water for the waterway for that purpose),

shall cease to have effect.

(6)If the Board acquire any inland waterway after the date on which this section comes into force any local enactment passed with respect thereto shall, so far as it confers or imposes any such right or duty as is mentioned in paragraph (a) or (b) of subsection (5) of this section, cease to have effect on the date on which the waterway is so acquired.

(7)Any person who suffers loss by reason of the extinguishment by virtue of subsection (5) or (6) of this section of any private right shall be entitled to be paid by the Board 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 Board in substitution for the right which is extinguished.

(8)Where by virtue of subsection (5) of this section a statutory right of navigation ceases to be exercisable as respects a waterway of which the Waterways Board are not the owner, the Board shall have power to authorise any use of the waterway which would have been authorised by that statutory right.

Textual Amendments

F5S. 105(3A) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II para. 3(20) (with art. 4)

Modifications etc. (not altering text)

C2S. 105 applied (with modifications) (S.) (4.1.1995) by 1994 c. 39, s. 40(7) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

C3S. 105(3) modified (1.6.1993) by S.I. 1993/1119, reg. 4(1)(a), Sch. 1 para. 1

Marginal Citations

106 Enforcement of maintenance duty.U.K.

(1)If, on an application by any person under this section to the High Court or, in Scotland, the Court of Session, the court determines that there has been, in respect of any waterway, a serious and persistent failure by the Waterways Board to discharge the duty imposed on them by—

(a)subsection (1) of section 105 of this Act; or

(b)any order made under subsection (3) of that section,

the court may, subject to the provisions of this section, require the Board to remedy that failure; but, save as aforesaid, neither the said subsection (1) nor any order under the said subsection (3) shall be construed as imposing any duty or liability enforceable by proceedings before any court to which the Board would not otherwise be subject.

(2)The fact that proceedings on an application under subsection (1) of this section (hereafter in this section referred to as “enforcement proceedings”) are in progress in respect of any waterway or any part of a waterway, or that the court has in any such proceedings imposed any requirement on the Board, shall not prevent the Minister [F6or, in relation to any waterway or any part of a waterway in Scotland, the Scottish Ministers] from making an order in respect of that waterway or part under section 104(3) or 105(3) of this Act; but—

(a)except as provided in subsection (3) of this section, where such an order is made while enforcement proceedings are in progress, the court shall nevertheless determine those proceedings on the basis of the duty of the Board as it stood when the proceedings were instituted; and

(b)the making of such an order shall in no case absolve the Board from complying with any requirement which is imposed by the court in any enforcement proceedings.

(3)If a relevant order is pending at the time when enforcement proceedings are instituted, or if, at any time after enforcement proceedings have been instituted and before the court has imposed any requirement on the Board in the proceedings, the Minister [F7or, in relation to any waterway or part of a waterway in Scotland, the Scottish Ministers] notifies the Board that he is [F7or, as the case may be, they are] considering the making of a relevant order and gives the court such a certificate as is mentioned in subsection (4) of this section—

(a)the court shall not, so long as the order is pending, impose any requirement on the Board in those proceedings; and

(b)if the order is made, the court shall, in determining in those proceedings whether there has been a failure by the Board to discharge their duty, have regard only to the duty (if any) to which the Board are subject in consequence of the making of the order.

(4)The said certificate is a certificate in writing to the effect that it appears to the Minister [F8or, as the case may be, the Scottish Ministers] that the imposition of any requirement on the Board on the basis of their existing duty would result in their incurring substantial expense and that, having regard to their financial position and their duty under section 18 of the Act of 1962 and section 41 of this Act, it would be unreasonable for them to bear that expense without a grant or further grant under section 43 of this Act.

(5)In subsection (3) of this section “relevant order” means, in relation to any enforcement proceedings, an order under section 104(3) or 105(3) of this Act in relation to the waterway or part of a waterway which is the subject of the proceedings; and for the purposes of that subsection an order is pending during the period of three months beginning with the day on which the Minister notifies [F9or, as the case may be, the Scottish Ministers notify] the Board that he is [F9or, as the case may be, they are]considering the making of the order and, if before the expiration of that period notice of the proposed order is published under Schedule 13 to this Act, during any further period until the order is made or the Minister notifies the Board that it will not be made.

(6)As soon as may be after giving the Board any such notification as is mentioned in the last foregoing subsection, the Minister shall give notice thereof in the London Gazette or, [F10the Scottish Ministers shall give such notice in], the Edinburgh Gazette.

(7)For the purposes of this section enforcement proceedings shall be treated as instituted at the time when the writ or summons beginning the proceedings is served on the Board.

[F11(8)References in this section to an order made under section 105(3) of this Act include references to such an order made by the Scottish Ministers by virtue of section 105(3A) of this Act.]

Textual Amendments

F6Words in s. 106(2) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II para. 3(21) (with art. 4)

F7Words in s. 106(3) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II para. 3(22)(a)(b) (with art. 4)

F8Words in s. 106(4) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II para. 3(23) (with art. 4)

F9Words in s. 106(5) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II para. 3(24)(a)(b) (with art. 4)

F10Words in s. 106(6) substituted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II, para. 3(25) (with art. 4)

F11S. 106(8) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2, Sch. 2 Pt. II para. 3(26) (with art. 4)

Modifications etc. (not altering text)

C4S. 106(2) applied (with modifications) (S.) (4.1.1995) by 1994 c. 39, s. 40(7) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

107 Amendments as to general duties of Board.U.K.

(1)The duty of the Waterways Board under subsection (1) of section 10 of the Act of 1962 to provide services and facilities on the inland waterways owned or managed by them shall extend only to the commercial waterways and cruising waterways.

(2)It shall be the duty of the Board—

(a)to secure that each of the inland waterways comprised in their undertaking which is not a commercial waterway or cruising waterway is dealt with in the most economical manner possible (consistent, in the case of a waterway which is retained, with the requirements of public health and the preservation of amenity and safety), whether by retaining and managing the waterway, by developing or eliminating it, or by disposing of it; and

(b)to secure that the best possible financial return is obtained from any asset of the Board which is not an inland waterway or harbour and is not required in connection with the provision of services and facilities by the Board, whether by exploiting it, by developing it, or by disposing of it.

(3)Subsection (4) of the said section 10 (which provides that the duties of the Board under that section are not to be legally enforceable) shall apply also to the duty imposed on the Board by subsection (2) of this section.

(4)F12

Textual Amendments

108 Prevention of nuisance as respects certain waterways.E+W+S

(1)Subject to subsection (3) of this section, any inland waterway in England or Wales comprised in the undertaking of the Waterways Board which is not a commercial waterway or cruising waterway shall be deemed to be—

(a)a watercourse for the purposes of section 259 of the M2Public Health Act 1936; and

[F13(b)land to which section 215 of the Town and Country Planning Act 1990 applies;]

and the provisions of Part III of the [F14Environmental Protection Act 1990], as they apply by virtue of this subsection, may be enforced by a county council as well as by a local authority as defined in that Act, and any local authority within the meaning of [F15the said Act of 1990] (and not only the local planning authority) shall be entitled to enforce the provisions of [F15the said section 215] as it applies by virtue of this subsection.

(2)Subject to subsection (3) of this section, any inland waterway in Scotland comprised in the undertaking of the Board which is not a commercial waterway or cruising waterway shall be deemed to be—

(a)a watercourse for the purpose of section 16 of the M3Public Health (Scotland) Act 1897; and

[F16(b)land to which section 179 of the Town and Country Planning (Scotland) Act 1997 applies;]

and any local authority within the meaning of [F17the said Act of 1997] (and not only the local planning authority) shall be entitled to enforce the provisions of [F18the said section 179] as it applies by virtue of this subsection.

(3)This section shall not apply to any waterway which has been closed to navigation under any local enactment before the date on which this section comes into force if the use of the waterway has been changed between the passing of that enactment and that date in pursuance of planning permission granted under [F19Part III of the Town and Country Planning Act 1962 or][F20Part II of the Town and Country Planning (Scotland) Act 1947; and] and this section shall cease to apply to any waterway if the use thereof is changed after that date in pursuance of such permission as aforesaid.

(4)This section shall have effect to the exclusion of any provision for similar purposes in any local enactment passed before the date on which this section comes into force in relation to any waterway to which this section applies.

Textual Amendments

F16S. 108(2)(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 17(1)(a)(i)

F17Words in s. 108(2) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(5), Sch. 2 para. 17(1)(a)(ii)

F18Words in s. 108(2) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 17(1)(a)(ii)

F20By 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 17(1)(b) it is provided (27.5.1997) that the words “Part II of the Town and Country Planning (Scotland) Act 1947; and" are substituted for the words from “Part II" to “1947; and"

Marginal Citations

109 Power of certain bodies to maintain or take over waterways and connected works.E+W

(1)Without prejudice to their powers apart from this section, but subject to subsection (3) of this section, the Waterways Board shall have power—

(a)to enter into an agreement with any body to which this section applies for the maintenance by that body of any inland waterway comprised in the undertaking of the Board which is not a commercial waterway or cruising waterway, or of any part of, or of any works connected with, any such waterway;

(b)by agreement with any such body, to transfer to it any such waterway, part of a waterway or works as aforesaid belonging to the Board, together with any powers or obligations (whether statutory or otherwise) of the Board in respect thereof;

and any body to which this section applies shall have all such powers as are required to enable it to enter into and carry out any such agreement as aforesaid or as are required to be exercised by it in consequence of any such transfer as is mentioned in this subsection.

(2)The bodies to which this section applies are as follows—

(a)a local authority;

[F21(b)the National Rivers Authority]

(c)a highway authority, not being a local authority;

[F22(d)a public gas supplier within the meaning of Part I of the Gas Act 1986;]

[F23(e)a public electricity supplier within the meaning of Part I of the Electricity Act 1989;]

[F24(h)a water undertaker;]

(j)a [F25water authority];

(k)a water development board,

and, as respects any particular agreement or transfer, any other body having public or charitable objects which is certified by the Minister [F26or, where the particular agreement or transfer relates to a waterway or part of a waterway in Scotland, the Scottish Ministers] as a body appearing to him [F26or, as the case may be, them] to be capable of discharing the responsibilities falling on the body in consequence of that agreement or transfer.

(3)Subject to subsection (5) of this section, no such agreement or transfer as is mentioned in subsection (1) of this section shall be made with or to—

(a)any local authority unless what is to be maintained or transferred—

(i)is situated in the area of the authority; or

(ii)though not situated in that area, is so situated that persons residing in that area have convenient access to it;

[F27(b)the National Rivers Authority unless [F28the Ministers (for the purposes of Schedule 2 to the Water Resources Act 1991)] have consented to the agreement or transfer;]. . .

(4)Any agreement under this section whereby a waterway or part of a waterway is to be maintained by, or transferred to, a body to which this section applies may include provision for securing that the body in question makes the waterway or part available for public use.

(5)The Board may make an agreement for maintenance or transfer under this section with two or more bodies jointly on such terms as to the sharing of expenses between those bodies and otherwise as those bodies may agree; and, notwithstanding subsection (3)(a)(i) F29. . . of this section (but without prejudice, F29. . .to subsection (3)(a)(ii) of this section), a local [F30authority may] be a party to such an agreement if part of what is to be maintained or transferred is situated in their area and the remainder in the area or areas of one or more other [F31authorities who] are also parties to the agreement.

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F23S. 109(2)(e) substituted for paragraphs (e), (f) and (g) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 14 (with Sch. 17 paras. 33, 35(1))

F25Words in s. 109(2)(j) substituted by virtue of Local Government (Scotland) Act 1973 (c. 65), Sch. 17 para. 1

F26Words in s. 109(2) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II para. 3(27)(a)(b) (with art. 4)

Modifications etc. (not altering text)

C5S. 109(2)(d) amended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(2)(d); S.I. 1996/218, art. 2

109 Power of certain bodies to maintain or take over waterways and connected works.S

(1)Without prejudice to their powers apart from this section, but subject to subsection (3) of this section, the Waterways Board shall have power—

(a)to enter into an agreement with any body to which this section applies for the maintenance by that body of any inland waterway comprised in the undertaking of the Board which is not a commercial waterway or cruising waterway, or of any part of, or of any works connected with, any such waterway;

(b)by agreement with any such body, to transfer to it any such waterway, part of a waterway or works as aforesaid belonging to the Board, together with any powers or obligations (whether statutory or otherwise) of the Board in respect thereof;

and any body to which this section applies shall have all such powers as are required to enable it to enter into and carry out any such agreement as aforesaid or as are required to be exercised by it in consequence of any such transfer as is mentioned in this subsection.

(2)The bodies to which this section applies are as follows—

(a)a local authority;

[F36(b)Scottish Water;]

(c)a highway authority, not being a local authority;

[F37(d)a public gas supplier within the meaning of Part I of the Gas Act 1986;]

[F38(e)a public electricity supplier within the meaning of Part I of the Electricity Act 1989;]

(h)any statutory water undertakers as defined in section 59(1) of the M6 Water Act 1945 otherwise than for the purposes of Part II of that Act only;

F39(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)a water development board,

and, as respects any particular agreement or transfer, any other body having public or charitable objects which is certified by the Minister [F40or, where the particular agreement or transfer relates to a waterway or part of a waterway in Scotland, the Scottish Ministers] as a body appearing to him [F40or, as the case may be, them] to be capable of discharing the responsibilities falling on the body in consequence of that agreement or transfer.

(3)Subject to subsection (5) of this section, no such agreement or transfer as is mentioned in subsection (1) of this section shall be made with or to—

(a)any local authority unless what is to be maintained or transferred—

(i)is situated in the area of the authority; or

(ii)though not situated in that area, is so situated that persons residing in that area have convenient access to it;

(b)[F41Scottish Water unless the Scottish Ministers] have consented to the agreement or transfer ;

and the powers under this section of any statutory water undertakers or of [F42Scottish Water or of] any [F43water authority] or water development board shall be exercisable only for the purposes of their water undertaking and with the consent of [F44the Secretary of State] and Local Government or, as respects anything to be done in Scotland or in Wales, the Secretary of State.

(4)Any agreement under this section whereby a waterway or part of a waterway is to be maintained by, or transferred to, a body to which this section applies may include provision for securing that the body in question makes the waterway or part available for public use.

(5)The Board may make an agreement for maintenance or transfer under this section with two or more bodies jointly on such terms as to the sharing of expenses between those bodies and otherwise as those bodies may agree; and, notwithstanding subsection (3)(a)(i) F45... of this section (but without prejudiceF45... to subsection (3)(a)(ii) of this section), a local authority or [[F46 water authority] may be a party to such an agreement if part of what is to be maintained or transferred is situated in their area and the remainder in the area or areas of one or more other authorities (whether local authorities or [[F46water authorities)]] who are also parties to the agreement.

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F38S. 109(2)(e) substituted for paragraphs (e), (f) and (g) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 14 (with Sch. 17 paras. 33, 35(1))

F40Words in s. 109(2) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II, art. 3(27)(a) (with art. 4)

F44Words substituted by virtue of S.I. 1970/1681 arts. 2, 6(3)

F46Words substituted by virtue of Water Act 1973 (c. 37), s. 9(a).

Modifications etc. (not altering text)

C6S. 109(2)(d) amended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(2)(d); S.I. 1996/218, art. 2

Marginal Citations

[F32110The Inland Waterways Advisory CouncilU.K.

(1)There is to be a body known as the Inland Waterways Advisory Council (“the Council”).

(2)The Council is to consist of a chairman and not less than 12 other members.

(3)The chairman is to be appointed by the Secretary of State after consulting the Scottish Ministers.

(4)Two of the members are to be appointed by the Scottish Ministers after consulting the Secretary of State.

(5)In making those appointments, the Scottish Ministers must have regard to the desirability of appointing persons who appear to them to have specialist knowledge of Scotland.

(6)The other members of the Council are to be appointed by the Secretary of State.

(7)The members must include persons who appear to the person making the appointment to have wide knowledge of, and interest in, inland waterways.]

[F33110ATerm of office, procedure etc.U.K.

(1)The members of the Council—

(a)hold and vacate office in accordance with their terms of appointment, and

(b)on ceasing to hold office, are eligible for reappointment;

but a member may at any time resign his office by notice in writing to the Secretary of State or (as the case may be) the Scottish Ministers.

(2)The Council—

(a)may, with the approval of the Secretary of State and after consulting the Scottish Ministers, appoint such regional committees as they think fit, and

(b)may appoint such other committees as they think fit.

(3)The Council may determine the procedure (including quorum) of the Council or any committee.

(4)The Secretary of State or the Scottish Ministers may pay the members of the Council—

(a)travelling and other expenses;

(b)allowances for loss of remunerative time.

(5)The Secretary of State may pay the chairman such remuneration as the Secretary of State may determine.

(6)If the chairman receives such remuneration he is not to be paid any allowance under subsection (4) for loss of remunerative time.

(7)The Secretary of State and the Scottish Ministers must provide the Council with such staff, accommodation, services and other facilities as appear to the Secretary of State and the Scottish Ministers to be necessary or expedient for the proper performance of the Council’s functions.]

[F34110BFunctions of Council: England and WalesU.K.

(1)The Council—

(a)shall provide the Secretary of State and navigation authorities with such advice as appears to the Council appropriate about matters relevant to inland waterways in England and Wales, and

(b)may provide any other interested person with such advice.

(2)“Navigation authority” means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock.

(3)“Interested person”, in relation to any matter, means a person appearing to the Council to have a sufficient interest in the matter.]

[F35110CFunctions of Council: ScotlandU.K.

(1)The Council—

(a)shall provide the Scottish Ministers and the Waterways Board with such advice as appears to the Council appropriate about matters relevant to inland waterways in Scotland—

(i)which are owned or managed by the Waterways Board, or

(ii)in respect of which the Waterways Board is providing technical advice or assistance, and

(b)may provide any other interested person with such advice.

(2)“Interested person”, in relation to any matter, means a person appearing to the Council to have a sufficient interest in the matter.]

111 Access agreements and orders as respects canals other than commercial waterways and cruising waterways.E+W+S

Subsections (2) and (3) of section 16 of the M4Countryside Act 1968 (which enable access agreements and access orders to be made under Part V of the National Parks and Access to the M5Countryside Act 1949 in respect of canals and of certain land held therewith) shall apply as respects, and as respects land held with, any canal or part of a canal owned or managed by the Waterways Board which is not for the time being a commercial waterway or a cruising waterway; and accordingly in subsection (6)(c) of that section (which prevents the said subsections (2) and (3) from applying where the canal or part of a canal is owned or managed by the Board) there shall be added at the end the words “ which is for the time being a commercial waterway of a cruising waterway within the meaning of section 104 of the Transport Act 1968 ”.

Marginal Citations