Part VII Inland Waterways
Other inland waterway provisions
112 Power to extinguish statutory rights and obligations in respect of canals not comprised in undertaking of Board F10or Canal & River Trust.
1
In the case of any canal which is not comprised in the undertaking of the Waterways Board F14or Canal & River Trust, the MinisterF15, 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 M1Regulation 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 F7F1any local authority or F2waterF7Scottish Water or any local authority in whoseF1the 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 F3local authority, F8a F2water authorityF8Scottish Water or theF3local authority, the National Rivers Authority or F11the 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 F12the authority making the order thinks fit, including provisions for applying section 259 of the M2Public Health Act 1936 and F4section 215 of the Town and Country Planning Act 1990, or, as the case may be, F9... F5section 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 F16, in the case of an order made by the Minister, be subject to annulment in pursuance of a resolution of either House of ParliamentF17, 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.
F136A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .