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The British Waterways Board (Transfer of Functions) Order 2012

Transfer of functions of harbour authority, navigation authority and statutory undertaker

This section has no associated Explanatory Memorandum

3.—(1) Where immediately before the transfer date—

(a)the functions of the British Waterways Board include, by virtue of any enactment, any functions of a harbour authority, navigation authority or statutory undertaker, and

(b)those functions are not otherwise transferred by this Order,

those functions become functions of Canal & River Trust in relation to England and Wales on that date.

(2) But paragraph (1) does not apply in relation to functions of a statutory undertaker under Part 10 of the Local Government, Planning and Land Act 1980(1).

(3) In this article, “harbour authority”, “navigation authority” and “statutory undertaker” have, in relation to any function of the British Waterways Board exercisable by virtue of an enactment, the same meaning as in that enactment.

(1)

1980 c. 65. Paragraph 18 of Schedule 16 was amended by the Gas Act 1986 (c. 44), section 67(4) and Schedule 9, Part 1, the Electricity Act 1989 (c. 29), section 112(4) and Schedule 18, and the Water Act 1989 (c. 15), section 190 and Schedule 25, paragraph 61.