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