Part IV Further Powers of Certain Authorities
63 Provision of recreational facilities by local water authorities.
1
Subject to subsection (5) of this section F1Scottish WaterF1 may, if it appears to F2itF2 reasonable to do so—
a
b
provide, or otherwise make available, facilities for use by person resorting to any such waterway or land for the purposes of any such form of recreation.
2
3
The provisions of this section shall not authorise any authority, body or person to do or permit anything in relation to a waterway or land in which any other person has an interest if apart from this section the doing or permitting thereof would be actionable at his instance by virtue of that interest and he does not consent to the doing or permitting thereof.
4
5
F11Scottish WaterF11 may let to any person, for such consideration and on such terms and conditions as F12it thinksF12 fit, any works constructed by F13itF13 for the purpose of providing facilities under subsection (1) above, and may authorise that person to make such reasonable charges as F14itF14 may determine in respect of the use thereof as mentioned in that subsection.
6
7
F16Scottish WaterF16 may make byelaws prohibiting such a waterway or land as is described in subsection (1) above and as may be specified in the byelaws from being used for boating (whether with mechanically propelled boats or otherwise), swimming or other recreational purposes, or regulating the way in which any such waterway or land so specified may be used for any of those purposes, and when making byelaws under this subsection F17Scottish WaterF17 shall have regard to the need to protect water from pollution and to the need to avoid conflict which might arise from the use of the water or land for various recreational purposes.
8
Byelaws made in respect of any waterway by virtue of subsection (7) above may include provision prohibiting the use thereof by boats which are not for the time being registered with F18Scottish WaterF18 in such manner as the byelaws may provide; and the byelaws may authorise F19Scottish WaterF19 to make reasonable charges in respect of the registration of boats in pursuance of the byelaws.