The Deregulation (Public Health Acts Amendment Act 1907) Order 1997

Statutory Instruments

1997 No. 1187

DEREGULATION

The Deregulation (Public Health Acts Amendment Act 1907) Order 1997

Made

25th March 1997

Coming into force

1st January 1998

Whereas:

(a) the Secretary of State is of the opinion that certain provisions of the Public Health Acts Amendment Act 1907(1) which are the subject of this Order impose burdens affecting persons in the carrying on of a trade, business, profession or otherwise, and that by amending or repealing the provisions concerned it is possible to remove or reduce the burdens without removing any necessary protection;

(b) the Secretary of State has consulted such organisations as appear to them to be representative of interests substantially affected by his proposals and such other persons as he considers appropriate;

(c) the Secretary of State considers it appropriate, following that consultation, to proceed with the making of this Order;

(d) a document containing his proposals has been laid before Parliament as required by section 3 of the Deregulation and Contracting Out Act 1994(2) and the period for Parliamentary consideration under section 4 of that Act has expired;

(e) the Secretary of State has had regard to the matters which he is required to consider by section 4(4) of that Act;

(f) a draft of this Order has been laid before Parliament with a statement giving details required by section 4(5) of that Act and has been approved by resolution of each House of Parliament;

Now therefore the Secretary of State for the Environment, in exercise of his powers under section 1 of the Deregulation and Contracting Out Act 1994, hereby makes the following Order:

Citation, commencement and extent

1.—(1) This Order may be cited as the Deregulation (Public Health Acts Amendment Act 1907) Order 1997 and shall come into force on 1st January 1998.

(2) This Order does not extend to Scotland or Northern Ireland.

Amendment of the Public Health Acts Amendment Act 1907

2.  For section 94(8) of the Public Health Acts Amendment Act 1907 (which disapplies the requirement to obtain a licence from the local authority in relation to pleasure boats and vessels on British Waterways Board canals)(3) there shall be substituted—

“(8) No licence under this section shall be required in respect of pleasure boats and pleasure vessels on any inland waterway owned or managed by the British Waterways Board.”

Signed by authority of the Secretary of State

Robert Jones

Minister of State,

Department of the Environment

25th March 1997

Explanatory Note

(This note is not part of the Order)

Section 94 of the Public Health Acts Amendment Act 1907 enables district councils to grant licences for pleasure boats and pleasure vessels to be let for hire or to be used for carrying passengers for hire, and to charge annual fees for licences. This Order amends the section so as to make it unnecessary to obtain such licences for pleasure boats or vessels on waters owned or managed by the British Waterways Board.

(1)

1907 c. 53.

(2)

1994 c. 40.

(3)

Inserted by s.186 of the Local Government, Planning and Land Act 1980 (c. 65).