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Transport Act 1968

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112 Power to extinguish statutory rights and obligations in respect of canals not comprised in undertaking of Board.E+W+S

(1)In the case of any canal which is not comprised in the undertaking of the Waterways Board, the Minister 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 [F1[F2any local authority or [F3water] [F1Scottish Water or any local] authority] in whose][F2the 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 [F4local authority, [F5a [F3water authority]] [F5Scottish Water] or the][F4local authority, the National Rivers Authority or the] Minister, 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 the Minister thinks fit, including provisions for applying section 259 of the M2Public Health Act 1936 and [F6section 215 of the Town and Country Planning Act 1990], or, as the case may be, section 16 of the M3Public Health (Scotland) Act 1897 and [F7section 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 be subject to annulment in pursuance of a resolution of either House of Parliament.

(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.

[F8(6A)In the case of an order made under this section in respect of any canal in Scotland which is not comprised in the undertaking of the Waterways Board, any reference in this section (however expressed) to the Minister is to be construed as a reference to the Scottish Ministers.]

(7)F9

Textual Amendments

F2Words 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)

F3Words substituted by virtue of Water Act 1973 (c. 37), s. 9(a)

F4Words 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)

F7Words in s. 112(3)(d) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 17(2)

F8S. 112(6A) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II para. 3(28) (with art. 4)

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