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The British Waterways Board (Transfer of Functions) Order 2012

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Article 2

SCHEDULE 1Enactments conferring functions transferred by article 2

This schedule has no associated Explanatory Memorandum
  • Public general Acts

  • Transport Act 1962(1), except sections 1, 10 to 14, 16 to 21A, 24, 25, 27(1) to (5) and (7) to (8C), 36, 73 to 75, 81, 89 (except so far as it relates to section 27(6)), Schedule 1 and Part 4 of Schedule 7.

  • Harbours Act 1964(2).

  • Transport Act 1968(3), except sections 41, 46, 48 to 52, 107, 109, 134, 135 and 137.

  • Salmon and Freshwater Fisheries Act 1975(4).

  • Ancient Monuments and Archaeological Areas Act 1979(5).

  • Highways Act 1980(6).

  • Transport Act 1981(7).

  • Agricultural Holdings Act 1986(8).

  • Pilotage Act 1987(9).

  • Town and Country Planning Act 1990(10).

  • Water Resources Act 1991(11)

  • Transport and Works Act 1992(12).

  • Welsh Language Act 1993(13).

  • Channel Tunnel Rail Link Act 1996(14).

  • Licensing Act 2003(15).

  • Planning and Compulsory Purchase Act 2004(16).

  • Gambling Act 2005(17).

  • Natural Environment and Rural Communities Act 2006(18).

  • Crossrail Act 2008(19).

  • Planning Act 2008(20).

  • Flood and Water Management Act 2010(21).

  • Subordinate legislation

  • The Utilities Contracts Regulations 2006(22).

  • The Community Drivers’ Hours and Recording Equipment Regulations 2007(23).

(1)

1962 c. 46. Relevant amendments were made by the Harbours Act 1964; the Transport Act 1968 (c. 73); the Statute Law (Repeals) Act 1974 (c. 22); the Acquisition of Land Act 1981 (c. 67); the Transport Act 2000 (c. 38); the Railways Act 2005 (c. 14); S.I. 2000/3251 and 2003/1545. Section 72 ceased to have effect in relation to the British Waterways Board by virtue of section 137(8) of the Transport Act 1968. The Transport Act 1962 provided for the distribution of the functions and property of the British Transport Commission (the BTC) amongst four boards. Under section 31, the British Waterways Board (the Board) became the successor to the property, rights and liabilities comprised in the part of the BTC’s undertaking constituted by their inland waterways (with an exception) and certain harbours. Functions of the BTC under a number of public and local Acts (including under the Coast Protection Act 1949 (c. 74) and several British Transport Commission Acts) were transferred to the Board under section 32(1) and Schedule 2. Functions of the BTC under statutory provisions so far as relating to an undertaking, or part of an undertaking, or property transferred to the Board by Part 2 of the Transport Act 1962 were transferred to the Board by section 32(3). Functions of the BTC under statutory provisions authorising the carrying out of works designed to be used in connection with an undertaking or part of an undertaking transferred to the Board, or the acquisition of land for the purpose of carrying out such works, were transferred to the Board by section 32(4). The functions transferred included functions of the BTC under or by virtue of the Transport Act 1947 (c. 49), S.R. & O 1947/2797, various British Transport Commission Acts and other legislation. Functions under certain statutory provisions authorising the BTC to appoint, nominate, or concur in or approve the appointment or nomination of, a member of certain bodies were transferred from the BTC to the Board by virtue of the British Transport Commission (Transfer of Functions) (Appointments and Nominations) Order 1963 (S.I. 1963/2023) (made under section 32(5)).

(2)

1964 c. 40. Relevant amendments were made to sections 30 and 36 by the Transport Act 1968, Schedule 16. Section 42 was substituted by the Transport Act 1981 (c. 56), Schedule 6, paragraph 10 (and there are other amendments to that section that are not relevant to this Order). There are amendments to the definition of “the Boards” in section 57(1) that are not relevant to this Order.

(10)

1990 c. 8.

(13)

1993 c. 38. Part 2 of that Act is repealed, as from a date to be appointed, by the Welsh Language (Wales) Measure 2011 (nawm 1), section 145(2)(a).

(16)

2004 c. 5.

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