Transport Act 1962

62 Local enactments relating to the supply of water for canals. E+W+S

(1) Any local enactment which authorises the British Waterways Board [F1 or Canal & River Trust] to take water for the purpose (whether express or implied) of using the water for a canal owned or managed by the British Waterways Board [F2 or, as the case may be, Canal & River Trust], or for purposes which include that purpose, shall have effect as if that purpose included the purpose of selling, or affording the use of, water from the canal; and the British Waterways Board [F2 or, as the case may be, Canal & River Trust] may exercise their powers under Part I of this Act accordingly.

(2) The foregoing subsection shall not be taken as authorising the British Waterways Board [F3 or, as the case may be, Canal & River Trust]—

(a) to disregard any restriction, whether as regards quantity or rate or otherwise, on the water which may be taken from any source, or

(b) to affect the level or flow of water in any part of the canal, or in any river or watercourse fed from the canal, to a degree which conflicts with any of the Board’s obligations [F4 or, as the case may be, Canal & River Trust’s obligations], and in particular with any statutory obligation to maintain the canal in a navigable condition.

Textual Amendments

F1 Words in s. 62(1) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 22(2)(a) (with arts. 4-6)

F2 Words in s. 62(1) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 22(2)(b) (with arts. 4-6)

F3 Words in s. 62(2) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 22(3)(a) (with arts. 4-6)

F4 Words in s. 62(2) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 22(3)(b) (with arts. 4-6)