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Transport Act 1968

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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;

[F1(b)the National Rivers Authority]

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

[F2(d)a public gas supplier within the meaning of Part I of the Gas Act 1986;]

[F3(e)a public electricity supplier within the meaning of Part I of the Electricity Act 1989;]

[F4(h)a water undertaker;]

(j)a [F5water 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 [F6or, 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 [F6or, 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;

[F7(b)the National Rivers Authority unless [F8the 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) F9. . . of this section (but without prejudice, F9. . .to subsection (3)(a)(ii) of this section), a local [F10authority 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 [F11authorities 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

F3S. 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))

F5Words in s. 109(2)(j) substituted by virtue of Local Government (Scotland) Act 1973 (c. 65), Sch. 17 para. 1

F6Words 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)

C1S. 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;

[F12(b)Scottish Water;]

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

[F13(d)a public gas supplier within the meaning of Part I of the Gas Act 1986;]

[F14(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 M1 Water Act 1945 otherwise than for the purposes of Part II of that Act only;

F15(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 [F16or, 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 [F16or, 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)[F17Scottish 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 [F18Scottish Water or of] any [F19water authority] or water development board shall be exercisable only for the purposes of their water undertaking and with the consent of [F20the 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) F21... of this section (but without prejudiceF21... to subsection (3)(a)(ii) of this section), a local authority or [[F22 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 [[F22water 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

F14S. 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))

F16Words 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)

F20Words substituted by virtue of S.I. 1970/1681 arts. 2, 6(3)

F22Words substituted by virtue of Water Act 1973 (c. 37), s. 9(a).

Modifications etc. (not altering text)

C2S. 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

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