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Part VIIU.K. Inland Waterways

The Board’s waterwaysU.K.

104 Classification of F1... waterways.U.K.

(1)For the purposes of sections 105 to 111 of this Act the inland waterways comprised in the [F2undertakings] of the Waterways Board [F3and Canal & River Trust] shall be divided into—

(a)the waterways for the time being specified in Part I of Schedule 12 to this Act, being waterways (in this Part of this Act referred to as “the commercial waterways”) to be principally available for the commercial carriage of freight;

(b)the waterways for the time being specified in Part II of that Schedule, being waterways (in this Part of this Act referred to as “the cruising waterways”) to be principally available for cruising, fishing and other recreational purposes; and

(c)the remainder.

(2)The description contained in the said Schedule 12 of any waterway shall be read subject to any order made by the Minister [F4or, in the case of a waterway in Scotland, the Scottish Ministers] for giving greater precision to that description by reference to a map.

(3)The Minister [F5or, in the case of a waterway in Scotland, the Scottish Ministers] may by order transfer any waterway from one Part of the said Schedule 12 to the other Part, remove any waterway from either of those Parts or add to either of those Parts any inland waterway for the time being comprised in the undertaking of the Board [F6or Canal & River Trust] which is not for the time being a commercial waterway or a cruising waterway.

[F7(3A)Canal & River Trust may apply to the Minister for the making of an order under subsection (3).

(3B)In deciding whether to make an order under subsection (3), the Minister must have regard to the financial position of Canal & River Trust.]

(4)Schedule 13 to this Act shall have effect in relation to the making of any order under subsection (3) of this section, and any such order shall be subject to annulment [F8in the case of an order made by the Minister,] in pursuance of a resolution of either House of Parliament [F9in the case of an order made by the Scottish Ministers, in pursuance of a resolution of the Scottish Parliament.].

(5)In subsection (3) of this section references to any waterway include references to any part of that waterway.

Textual Amendments

F4Words in s. 104(2) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II para. 3(17) (with art. 4)

F5Words in s. 104(3) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II para. 3(18) (with art. 4)

F8Words in s. 104(4) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II para. 3(19)(a) (with art. 4)

F9Words in s. 104(4) inserted (1.4.2001) by S.I. 2000/3251, arts. 1(2)(b), 2, Sch. 2 Pt. II para. 3(19)(b) (with art. 4)

Modifications etc. (not altering text)

C1S. 104 applied (with modifications) (S.) (4.1.1995) by 1994 c. 39, s. 40(7) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

105 Maintenance of F10... waterways.U.K.

(1)With a view to securing the general availability of the commercial and cruising waterways for public use, it shall be the duty of the Waterways Board [F11and of Canal & River Trust, in relation to the waterways comprised in their respective undertakings], subject to the provisions of this section—

(a)to maintain the commercial waterways in a suitable condition for use by commercial freight-carrying vessels; and

(b)to maintain the cruising waterways in a suitable condition for use by cruising craft, that is to say, vessels constructed or adapted for the carriage of passengers and driven by mechanical power.

(2)Neither paragraph (a) nor paragraph (b) of subsection (1) of this section shall impose on the Board [F12or Canal & River Trust] any duty to maintain a waterway, or any part of a waterway, in a suitable condition for use by any vessel of the kind mentioned in that paragraph unless the dimensions of the vessel (that it to say, its length, width, height of superstructure and draught)—

(a)correspond to, or are less than, those of a vessel of that kind which customarily used that waterway or part during the period of nine months ending with 8th December 1967; or

(b)if the waterway or part has been restored or improved since that date, are such as to make it suitable for use on that waterway or part;

but, save as aforesaid, the duty imposed by that paragraph shall extend to any vessel of the kind therein mentioned as respects the dimensions of which paragraph (a) or (b) of this subsection is satisfied.

(3)If it appears to the Minister that, having regard to any change in the size, design or type of vessel customarily using any commercial waterway or cruising waterway, or any part thereof, [F13or to any other reason the Minister considers relevant to the duty under subsection (1),] it is desirable to exercise his powers under this subsection, he may (after consultation with [F14Canal & River Trust]) by order substitute for the duty imposed on [F14Canal & River Trust] by the foregoing provisions of this section in respect of that waterway or part such duty in respect of the maintenance thereof as he considers appropriate having regard to that change, and may by that order make such incidental or transitional provision as he thinks necessary or expedient in connection therewith.

[F15(3ZA)Canal & River Trust may apply to the Minister for the making of an order under subsection (3).

(3ZB)In deciding whether to make any order under subsection (3), the Minister must have regard to the financial position of Canal & River Trust.]

[F16(3A)If it appears to the Scottish Ministers that, having regard to any change in the size, design or type of vessel customarily using any commercial waterway or cruising waterway, or any part of such waterway, it is desirable to exercise their powers under this subsection, they may (after consultation with the Board) by order substitute for the duty imposed on the Board by subsection (1) in respect of that waterway (or part) such duty in respect of the maintenance of such waterway (or part) as they consider appropriate having regard to that change, and may by that order make such incidental or transitional provision as they think necessary or expedient in connection therewith.]

(4)Schedule 13 to this Act shall have effect in relation to the making of any order under subsection (3) [F17or (3A)] of this section, and any such order [F18made by the Minister under subsection (3)] shall be subject to annulment in pursuance of a resolution of either House of Parliament[F19, and an order made by the Scottish Ministers under subsection (3A) is subject to the negative procedure].

(5)Section 17 of the M1Regulation of Railways Act 1873 (which requires the Board to maintain certain inland waterways) shall cease to apply to any inland waterway which on the date on which this section comes into force is comprised in the undertaking of the Board; and any local enactment passed with respect to any such inland waterway, so far as that enactment—

(a)confers any public or private right of navigation over the waterway; or

(b)imposes any duty to maintain that waterway for the purpose of navigation (including any duty to supply, or maintain a supply of, water for the waterway for that purpose),

shall cease to have effect.

(6)If the Board [F20or Canal & River Trust] acquire any inland waterway after the date on which this section comes into force any local enactment passed with respect thereto shall, so far as it confers or imposes any such right or duty as is mentioned in paragraph (a) or (b) of subsection (5) of this section, cease to have effect on the date on which the waterway is so acquired.

(7)Any person who suffers loss by reason of the extinguishment by virtue of subsection (5) or (6) of this section of any private right shall be entitled to be paid by the Board [F21or, as the case may be, Canal & River Trust] 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 Board [F21or, as the case may be, Canal & River Trust] in substitution for the right which is extinguished.

(8)Where by virtue of subsection (5) of this section a statutory right of navigation ceases to be exercisable as respects a waterway of which the Waterways Board [F22or, as the case may be, Canal & River Trust] are not the owner, the Board [F22or, as the case may be, Canal & River Trust]shall have power to authorise any use of the waterway which would have been authorised by that statutory right.

Textual Amendments

Modifications etc. (not altering text)

C2S. 105 applied (with modifications) (S.) (4.1.1995) by 1994 c. 39, s. 40(7) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

C3S. 105(3) modified (1.6.1993) by S.I. 1993/1119, reg. 4(1)(a), Sch. 1 para. 1

Marginal Citations

[F23106.Enforcement of maintenance duty – the Waterways BoardU.K.

(1)If, on an application by any person under this section to the Court of Session, the court determines that there has been, in respect of any waterway, a serious and persistent failure by the Waterways Board to discharge the duty imposed on them by—

(a)section 105(1), or

(b)an order made under section 105(3A),

the court may, subject to the provisions of this section, require the Board to remedy that failure; but, save as aforesaid, neither subsection (1) of section 105 nor any order under subsection (3A) of that section shall be construed as imposing any duty or liability enforceable by proceedings before any court to which the Board would not otherwise be subject.

(2)The fact that proceedings on an application under subsection (1) (referred to in this section as “enforcement proceedings”) are in progress in respect of any waterway or any part of a waterway, or that the court has in any such proceedings imposed any requirement on the Board, shall not prevent the Scottish Ministers from making an order in respect of that waterway or part under section 104(3) or 105(3A); but—

(a)except as provided in subsection (3) of this section, where such an order is made while enforcement proceedings are in progress, the court shall nevertheless determine those proceedings on the basis of the duty of the Board as it stood when the proceedings were instituted; and

(b)the making of such an order shall in no case absolve the Board from complying with any requirement which is imposed by the court in any enforcement proceedings.

(3)If a relevant order is pending at the time when enforcement proceedings are instituted, or if, at any time after enforcement proceedings have been instituted and before the court has imposed any requirement on the Board in the proceedings, the Scottish Ministers notify the Board that they are considering the making of a relevant order and give the court such a certificate as is mentioned in subsection (4)—

(a)the court shall not, so long as the order is pending, impose any requirement on the Board in those proceedings; and

(b)if the order is made, the court shall, in determining in those proceedings whether there has been a failure by the Board to discharge their duty, have regard only to the duty (if any) to which the Board are subject in consequence of the making of the order.

(4)The certificate referred to in subsection (3) is a certificate in writing to the effect that it appears to the Scottish Ministers that the imposition of any requirement on the Board on the basis of their existing duty would result in their incurring substantial expense and that, having regard to their financial position and their duty under section 18 of the Act of 1962 and section 41 of this Act, it would be unreasonable for them to bear that expense without a grant or further grant under section 43 of this Act.

(5)In subsection (3) “relevant order” means, in relation to any enforcement proceedings, an order under section 104(3) or 105(3A) of this Act in relation to the waterway or part of a waterway which is the subject of the proceedings; and for the purposes of that subsection an order is pending during the period of three months beginning with the day on which the Scottish Ministers notify the Board that they are considering the making of the order and, if before the expiration of that period notice of the proposed order is published under Schedule 13 to this Act, during any further period until the order is made or the Scottish Ministers notify the Board that it will not be made.

(6)As soon as may be after giving the Board any such notification as is mentioned in subsection (5), the Scottish Ministers shall give notice of that notification in the Edinburgh Gazette.

(7)For the purposes of this section enforcement proceedings shall be treated as instituted at the time when the summons beginning the proceedings is served on the Board.

Textual Amendments

106A.Enforcement of maintenance duty – Canal & River TrustU.K.

(1)If, on an application by any person under this section to the High Court, the court determines that there has been, in respect of any waterway, a serious and persistent failure by Canal & River Trust to discharge the duty imposed on it by—

(a)section 105(1), or

(b)an order made under section 105(3),

the court may, subject to the provisions of this section, require Canal & River Trust to remedy that failure; but, save as aforesaid, neither subsection (1) of section 105 nor any order under subsection (3) of that section shall be construed as imposing any duty or liability enforceable by proceedings before any court to which Canal & River Trust would not otherwise be subject.

(2)The fact that proceedings on an application under subsection (1) (referred to in this section as “enforcement proceedings”) are in progress in respect of any waterway or any part of a waterway, or that the court has in any such proceedings imposed any requirement on Canal & River Trust, shall not prevent the Minister from making an order in respect of that waterway or part under section 104(3) or 105(3); but—

(a)except as provided in subsection (3) of this section, where such an order is made while enforcement proceedings are in progress, the court shall nevertheless determine those proceedings on the basis of the duty of Canal & River Trust as it stood when the proceedings were instituted; and

(b)the making of such an order shall in no case absolve Canal & River Trust from complying with any requirement which is imposed by the court in any enforcement proceedings.

(3)If a relevant order is pending at the time when enforcement proceedings are instituted, or if, at any time after enforcement proceedings have been instituted and before the court has imposed any requirement on Canal & River Trust in the proceedings, the Minister notifies Canal & River Trust that the Minister is considering the making of a relevant order and gives the court such a certificate as is mentioned in subsection (4)—

(a)the court shall not, so long as the order is pending, impose any requirement on Canal & River Trust in those proceedings; and

(b)if the order is made, the court shall, in determining in those proceedings whether there has been a failure by Canal & River Trust to discharge its duty, have regard only to the duty (if any) to which Canal & River Trust is subject in consequence of the making of the order.

(4)The certificate referred to in subsection (3) is a certificate in writing to the effect that it appears to the Minister that the imposition of any requirement on Canal & River Trust on the basis of its existing duty would result in its incurring substantial expense and that, having regard to its financial position, it would be unreasonable for it to bear that expense without a grant or further grant under section 43A of this Act.

(5)In subsection (3) “relevant order” means, in relation to any enforcement proceedings, an order under section 104(3) or 105(3) of this Act in relation to the waterway or part of a waterway which is the subject of the proceedings; and for the purposes of that subsection an order is pending during the period of three months beginning with the day on which the Minister notifies Canal & River Trust that the Minister is considering the making of the order and, if before the expiration of that period notice of the proposed order is published under Schedule 13 to this Act, during any further period until the order is made or the Minister notifies Canal & River Trust that it will not be made.

(6)As soon as may be after giving Canal & River Trust any such notification as is mentioned in subsection (5), the Minister shall give notice of the notification in the London Gazette.

(7)For the purposes of this section enforcement proceedings shall be treated as instituted at the time when the claim form beginning the proceedings is served on Canal & River Trust.]

Textual Amendments

107 Amendments as to general duties of Board.U.K.

(1)The duty of the Waterways Board under subsection (1) of section 10 of the Act of 1962 to provide services and facilities on the inland waterways owned or managed by them shall extend only to the commercial waterways and cruising waterways.

(2)It shall be the duty of the Board—

(a)to secure that each of the inland waterways comprised in their undertaking which is not a commercial waterway or cruising waterway is dealt with in the most economical manner possible (consistent, in the case of a waterway which is retained, with the requirements of public health and the preservation of amenity and safety), whether by retaining and managing the waterway, by developing or eliminating it, or by disposing of it; and

(b)to secure that the best possible financial return is obtained from any asset of the Board which is not an inland waterway or harbour and is not required in connection with the provision of services and facilities by the Board, whether by exploiting it, by developing it, or by disposing of it.

(3)Subsection (4) of the said section 10 (which provides that the duties of the Board under that section are not to be legally enforceable) shall apply also to the duty imposed on the Board by subsection (2) of this section.

(4)F24

Textual Amendments

108 Prevention of nuisance as respects certain waterways.E+W+S

(1)Subject to subsection (3) of this section, any inland waterway in England or Wales comprised in the undertaking of [F25Canal & River Trust] which is not a commercial waterway or cruising waterway shall be deemed to be—

(a)a watercourse for the purposes of section 259 of the M2Public Health Act 1936; and

[F26(b)land to which section 215 of the Town and Country Planning Act 1990 applies;]

and the provisions of Part III of the [F27Environmental Protection Act 1990], as they apply by virtue of this subsection, may be enforced by a county council as well as by a local authority as defined in that Act, and any local authority within the meaning of [F28the said Act of 1990] (and not only the local planning authority) shall be entitled to enforce the provisions of [F28the said section 215] as it applies by virtue of this subsection.

(2)Subject to subsection (3) of this section, any inland waterway in Scotland comprised in the undertaking of the Board which is not a commercial waterway or cruising waterway shall be deemed to be—

F29(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F30(b)land to which section 179 of the Town and Country Planning (Scotland) Act 1997 applies;]

and any local authority within the meaning of [F31the said Act of 1997] (and not only the local planning authority) shall be entitled to enforce the provisions of [F32the said section 179] as it applies by virtue of this subsection.

(3)This section shall not apply to any waterway which has been closed to navigation under any local enactment before the date on which this section comes into force if the use of the waterway has been changed between the passing of that enactment and that date in pursuance of planning permission granted under [F33Part III of the Town and Country Planning Act 1962 or] [F34Part II of the Town and Country Planning (Scotland) Act 1947; and] and this section shall cease to apply to any waterway if the use thereof is changed after that date in pursuance of such permission as aforesaid.

(4)This section shall have effect to the exclusion of any provision for similar purposes in any local enactment passed before the date on which this section comes into force in relation to any waterway to which this section applies.

Textual Amendments

F30S. 108(2)(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 17(1)(a)(i)

F31Words in s. 108(2) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(5), Sch. 2 para. 17(1)(a)(ii)

F32Words in s. 108(2) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 17(1)(a)(ii)

F34By 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 17(1)(b) it is provided (27.5.1997) that the words “Part II of the Town and Country Planning (Scotland) Act 1947; and" are substituted for the words from “Part II" to “1947; and"

Marginal Citations

109 Power of certain bodies to maintain or take over waterways and connected works [F35in Scotland].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;

F36(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F38(d)a public gas supplier within the meaning of Part I of the Gas Act 1986;]

[F39(e)a public electricity supplier within the meaning of Part I of the Electricity Act 1989;]

F37(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F41(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and, as respects any particular agreement or transfer, any other body having public or charitable objects which is certified by [F42the Scottish Ministers as a body appearing to] [F43them] 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;

[F44(b)Scottish Water unless the Scottish Ministers have consented to the agreement or transfer;

and the powers under this section of Scottish Water shall be exercisable only for the purposes of their water undertaking and with the consent of the Scottish Ministers.]

(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.

[F45(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) of this section (but without prejudice to subsection (3)(a)(ii) of this section), a local 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 or not local authorities) 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

F39S. 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))

F43Words 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)

C4S. 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 [F35in Scotland].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;

[F76(b)Scottish Water;]

F37(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F77(d)a public gas supplier within the meaning of Part I of the Gas Act 1986;]

[F78(e)a public electricity supplier within the meaning of Part I of the Electricity Act 1989;]

F37(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F41(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and, as respects any particular agreement or transfer, any other body having public or charitable objects which is certified by [F42the Scottish Ministers as a body appearing to] [F80them] 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;

[F44(b)Scottish Water unless the Scottish Ministers have consented to the agreement or transfer;

and the powers under this section of Scottish Water shall be exercisable only for the purposes of their water undertaking and with the consent of the Scottish Ministers.]

(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.

[F45(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) of this section (but without prejudice to subsection (3)(a)(ii) of this section), a local 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 or not local authorities) who are also parties to the agreement.]

Extent Information

E3This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F78S. 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))

F80Words 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)

Modifications etc. (not altering text)

C5S. 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

F46110The Inland Waterways Advisory CouncilU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46110ATerm of office, procedure etc.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46110BFunctions of Council: England and WalesU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46110CFunctions of Council: ScotlandU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

111 Access agreements and orders as respects canals other than commercial waterways and cruising waterways.E+W+S

Subsections (2) and (3) of section 16 of the M3Countryside Act 1968 (which enable access agreements and access orders to be made under Part V of the National Parks and Access to the M4Countryside Act 1949 in respect of canals and of certain land held therewith) shall apply as respects, and as respects land held with, any canal or part of a canal owned or managed by [F47Canal & River Trust] which is not for the time being a commercial waterway or a cruising waterway; and accordingly in subsection (6)(c) of that section (which prevents the said subsections (2) and (3) from applying where the canal or part of a canal is owned or managed by the Board) there shall be added at the end the words “ which is for the time being a commercial waterway of a cruising waterway within the meaning of section 104 of the Transport Act 1968 ”.

Textual Amendments

Marginal Citations

Other inland waterway provisionsE+W+S

112 Power to extinguish statutory rights and obligations in respect of canals not comprised in undertaking of Board [F48or Canal & River Trust].E+W+S

(1)In the case of any canal which is not comprised in the undertaking of the Waterways Board [F49or Canal & River Trust], the Minister[F50, or, in the case of a canal in Scotland, the Scottish Ministers,] 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 M5Regulation 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 [F51[F52any local authority or [F53water] [F51Scottish Water or any local] authority] in whose][F52the 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 [F54local authority, [F55a [F53water authority]] [F55Scottish Water] or the][F54local authority, the National Rivers Authority or ] [F56the authority making the order] , 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 [F57the authority making the order] thinks fit, including provisions for applying section 259 of the M6Public Health Act 1936 and [F58section 215 of the Town and Country Planning Act 1990], or, as the case may be, F59... [F60section 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 [F61, in the case of an order made by the Minister,] be subject to annulment in pursuance of a resolution of either House of Parliament[F62, and in the case of an order made by the Scottish Ministers, is subject to the negative procedure].

(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.

F63(6A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)F64

Textual Amendments

F52Words 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)

F53Words substituted by virtue of Water Act 1973 (c. 37), s. 9(a)

F54Words 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)

F60Words in s. 112(3)(d) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 17(2)

Marginal Citations

113 Byelaws in respect of waterways owned or managed by certain bodies.E+W+S

(1)The Minister may, on the application of any qualified body which owns or manages an inland waterway and after consultation with the relevant authority, by order confer on that body power to make byelaws in relation to that waterway for such purposes as may be specified in the order.

(2)Byelaws made by virtue of an order under this section shall not have effect until confirmed by the Minister, and before applying to the Minister for the confirmation of any byelaws the body concerned shall take such steps as may be specified in the order for securing that persons affected by the byelaws have an opportunity of making representations thereon to the Minister.

(3)If any person contravenes, or fails to comply with, any byelaws made by virtue of an order under this section he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F65level 1 on the standard scale], and if the contravention or failure to comply is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £5 for each day on which it is so continued.

(4)An order under this section may contain such supplementary provisions as the Minister thinks necessary or expedient.

(5)In this section—

  • qualified body” means any navigation authority as defined in section 135(1) of the M7Water Resources Act 1963, a body mentioned in any of the paragraphs of section 109(2) of this Act F66... and any other body having public or charitable objects;

  • relevant authority”, in relation to any order, [F67means [F68any local authority or [F69water authority] (except any such authority which is itself the applicant for the order)]] [F68, except where applying for the order, Scottish Water or any local authority] [F67means, except in a case where it is itself the applicant for the order, the National Rivers Authority or any local authority] in whose area the waterway in question is wholly or partly situated.

(6)Section 40 of the M8Railway and Canal Traffic Act 1888 (which makes provision as to the byelaws of canal companies) shall not apply to byelaws made by virtue of an order under this section.

114 Power of local authorities to assist in maintaining waterways for amenity purposes.E+W+S

Without prejudice to section 109 of this Act, a local authority may assist any other person (whether financially, by the provision of services or facilities, or otherwise) in maintaining or improving for amenity or recreational purposes, including fishing—

(a)any inland waterway situated wholly or partly in the area of the authority; and

(b)any other inland waterway which is so situated that it can conveniently be used for those purposes by persons residing in the area of the authority.

SupplementaryU.K.

115 Interpretation of Part VII.E+W+N.I.

(1)In sections 105 and 112 of this Act—

(a)references to any right of navigation over a waterway or canal include references to any right to use or keep any vessel or craft on the waterway or canal;

(b)the appropriate tribunal” means, as respects England and Wales, the [F70Upper] and, as respect Scotland, the Lands Tribunal for Scotland or, until sections 1 to 3 of the M9Lands Tribunal Act 1949 come into force as regards Scotland, an official arbiter appointed under Part I of the M10Land Compensation (Scotland) Act 1963;

and sections 3 and 5 of the said Act of 1963 shall apply, subject to any necessary modifications, in relation to the determination of any question under either of those sections by an arbiter so appointed.

(2)Nothing in section 105 or in any order under section 112 of this Act shall be construed as abrogating any rights of navigation which subsist otherwise than by virtue of the enactments referred to in subsections (5) and (6) of the said section 105 or subsection (1) of the said section 112; and in those subsections references to rights conferred by an enactment do not include references to rights which are merely confirmed by it and which, if that enactment had not been passed, would subsist otherwise than by virtue of any such enactments as aforesaid.

(3)In sections 109, 112, 113 and 114 of this Act, “local authority” means—

(a)as respects England and Wales, the council of a county, F71 ... [F72district] or London borough, F73 ... and the Common Council of the City of London;

F74(b). . . . . . . . . . . . . . . . .

F75(4) . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F75S. 115(4) repealed by Water Act 1973 (c. 37 SIF 130), Sch. 9

Marginal Citations

115 Interpretation of Part VII.S

(1)In sections 105 and 112 of this Act—

(a)references to any right of navigation over a waterway or canal include references to any right to use or keep any vessel or craft on the waterway or canal;

(b)the appropriate tribunal” means, as respects England and Wales, the [F70Upper] and, as respect Scotland, the Lands Tribunal for Scotland or, until sections 1 to 3 of the M11Lands Tribunal Act 1949 come into force as regards Scotland, an official arbiter appointed under Part I of the M12Land Compensation (Scotland) Act 1963;

and sections 3 and 5 of the said Act of 1963 shall apply, subject to any necessary modifications, in relation to the determination of any question under either of those sections by an arbiter so appointed.

(2)Nothing in section 105 or in any order under section 112 of this Act shall be construed as abrogating any rights of navigation which subsist otherwise than by virtue of the enactments referred to in subsections (5) and (6) of the said section 105 or subsection (1) of the said section 112; and in those subsections references to rights conferred by an enactment do not include references to rights which are merely confirmed by it and which, if that enactment had not been passed, would subsist otherwise than by virtue of any such enactments as aforesaid.

[F81[F82(3)In sections 109, 112 and 113 of this Act “local authority” means a regional or islands council and in section 114 of this Act means a regional, islands or district council.]]

[F83(3A)In sections 109, 112, 113 and 114 of this Act, “local authority” means, as respects Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]

F84(4) . . . . . . . . . . . . . . . . . . . . .

Extent Information

E4This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Textual Amendments

F84S. 115(4) repealed by Water Act 1973 (c. 37 SIF 130), Sch. 9

Marginal Citations

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