SCHEDULES

SCHEDULE 25E+W BYELAW - MAKING POWERS OF THE [F1APPROPRIATE AGENCY]

Textual Amendments

Byelaws for regulating the use of navigable waters etc.E+W

2(1)The [F2appropriate agency] shall have power to make such byelaws as are mentioned in sub-paragraph (3) below with respect to any inland waters in relation to which—E+W

(a)there is a public right of navigation; and

(b)the condition specified in sub-paragraph (2) below is satisfied,

and with respect to any land associated with such waters.

(2)For the purposes of this paragraph the condition mentioned in sub-paragraph (1) above is satisfied in relation to any waters if navigation in those waters—

(a)is not for the time being subject to the control of any navigation authority, harbour authority or conservancy authority; or

(b)is subject to the control of such a navigation authority, harbour authority or conservancy authority as is prescribed for the purposes of this paragraph by reason of its appearing to the Secretary of State to be unable for the time being to carry out its functions.

(3)The byelaws referred to in sub-paragraph (1) above in relation to any inland waters or to any land associated with any such waters are byelaws for any of the following purposes, that is to say—

(a)the preservation of order in or on any such waters or land;

(b)the prevention of damage to anything in or on any such waters or land or to any such land;

(c)securing that persons resorting to any such waters or land so behave as to avoid undue interference with the enjoyment of the waters or land by others.

(4)Without prejudice to the generality of any of the paragraphs of sub-paragraph (3) above or to the power conferred on the [F2appropriate agency] by virtue of paragraph 4 below, the byelaws mentioned in that sub-paragraph include byelaws—

(a)regulating sailing, boating, bathing and fishing and other forms of recreation;

(b)prohibiting the use of the inland waters in question by boats which are not for the time being registered, in such manner as may be required by the byelaws, with the [F2appropriate agency];

(c)requiring the provision of such sanitary appliances as may be necessary for the purpose of preventing pollution; and

(d)authorising the making of reasonable charges in respect of the registration of boats for the purposes of the byelaws.

(5)In this paragraph “boat” includes a vessel of any description, and “boating” shall be construed accordingly.

Textual Amendments