The British Waterways Board (Transfer of Functions) Order 2012

Article 5(1)

SCHEDULE 4Transitional provisions

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Interpretation

1.  In this Schedule, “the relevant period” means the period commencing on 1st April 2011 and ending on 31st March 2012.

Accounts and report for the period 1st April 2011 to 31st March 2012

2.—(1) Subsections (1)(b) to (4) of section 24 of the 1962 Act shall continue in force as they had effect immediately before the transfer date in relation to the accounts of the British Waterways Board for the relevant period.

(2) Subsections (8) and (8C) of section 27 of the 1962 Act shall continue in force as they had effect immediately before the transfer date in so far as they relate to the making of reports by the British Waterways Board on the exercise or performance of their functions, and on their policy and programme, in the relevant period.

Transitional arrangements for the period 1st April 2012-31st March 2013

3.—(1) Before making any direction under section 24(3A) of the 1962 Act(1) relating to the preparation of the annual statement of accounts for the period ending on 31st March 2013, the Scottish Ministers must consult the Secretary of State.

(2) The British Waterways Board must, at or around the same time as they send the relevant statement and report to the Scottish Ministers under section 24(3C) of the 1962 Act, send a copy of the relevant statement and report to the Secretary of State.

(3) The Secretary of State must lay before Parliament a copy of the relevant statement and report sent to the Secretary of State under sub-paragraph (2).

(4) In this paragraph, “the relevant statement and report” means the statement of accounts prepared by the British Waterways Board under section 24(3A) of the 1962 Act for the period ending on 31st March 2013 and the report made by the Auditor General for Scotland on that statement.

Obligations on Canal & River Trust

4.—(1) Canal & River Trust must provide the Secretary of State with such returns, accounts and other information with respect to the property and activities of the British Waterways Board during the relevant period and for the period commencing on 1st April 2012 and ending on the day before the transfer date, and the property and activities of any company which was the subsidiary of the Board during any such period, as the Secretary of State may from time to time require.

(2) Canal & River Trust must provide such assistance as the British Waterways Board may reasonably require for the purpose of enabling the Board to comply with the requirements of paragraph 2 or 3 or of section 24(3A) of the 1962 Act.

(1)

Subsections (3A)-(3D) are inserted by paragraph 15(5) of Schedule 2 to this Order.