109 Power of certain bodies to maintain or take over waterways and connected works [F1in 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;
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(d)a public gas supplier within the meaning of Part I of the Gas Act 1986;]
[F5(e)a public electricity supplier within the meaning of Part I of the Electricity Act 1989;]
F3(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and, as respects any particular agreement or transfer, any other body having public or charitable objects which is certified by [F8the Scottish Ministers as a body appearing to] [F9them] 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;
[F10(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.
[F11(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
F1Words in s. 109 heading inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 42(2) (with arts. 4-6)
F2S. 109(2)(b) omitted (E.W.) (2.7.2012) by virtue of The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 42(3)(a) (with arts. 4-6)
F3S. 109(2)(c)(h) omitted (2.7.2012) by virtue of The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 42(3)(b) (with arts. 4-6)
F4S. 109(2)(d) substituted by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1), Sch. 7 para. 9
F5S. 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))
F6S. 109(2)(j) omitted (E.W.) (2.7.2012) by virtue of The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 42(3)(c) (with arts. 4-6)
F7S. 109(2)(k) omitted (2.7.2012) by virtue of The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 42(3)(d) (with arts. 4-6)
F8Words in s. 109(2) substituted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 42(3)(e) (with arts. 4-6)
F9Words 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)
F10S. 109(3)(b) and words substituted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 42(4) (with arts. 4-6)
F11S. 109(5) substituted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 42(5) (with arts. 4-6)
Modifications etc. (not altering text)
C1S. 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 [F1in 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;
[F12(b)Scottish Water;]
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F13(d)a public gas supplier within the meaning of Part I of the Gas Act 1986;]
[F14(e)a public electricity supplier within the meaning of Part I of the Electricity Act 1989;]
F3(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and, as respects any particular agreement or transfer, any other body having public or charitable objects which is certified by [F8the Scottish Ministers as a body appearing to] [F16them] 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;
[F10(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.
[F11(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
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
Textual Amendments
F1Words in s. 109 heading inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 42(2) (with arts. 4-6)
F3S. 109(2)(c)(h) omitted (2.7.2012) by virtue of The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 42(3)(b) (with arts. 4-6)
F7S. 109(2)(k) omitted (2.7.2012) by virtue of The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 42(3)(d) (with arts. 4-6)
F8Words in s. 109(2) substituted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 42(3)(e) (with arts. 4-6)
F10S. 109(3)(b) and words substituted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 42(4) (with arts. 4-6)
F11S. 109(5) substituted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 42(5) (with arts. 4-6)
F12S. 109(2)(b) substituted (S.) (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 1(1), Sch. para. 7(2)(a)(i)
F13S. 109(2)(d) substituted by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1), Sch. 7 para. 9
F14S. 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))
F15S. 109(2)(j) repealed (S.) (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 1(1), Sch. para. 7(2)(a)(ii)
F16Words 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)
C2S. 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