The Transport and Works Applications (Inland Waterways Procedure) Regulations 1993

Regulation 4(1)(a)

SCHEDULE 1 MODIFICATIONS OF THE 1968 ACT

1.  In section 105(3) (maintenance of the British Waterways Board’s waterways), the words “(after consultation with the Board)” shall be omitted.

2.—(1) Section 158 (inquiries) shall be modified as follows.

(2) In subsection (1), the words from “as if those purposes” to the end of the subsection shall be omitted.

(3) After subsection (1), there shall be inserted—

“1972 c. 70

(1A) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (attendance and evidence at, and costs of, inquiries) shall apply to an inquiry held for the purposes of the functions of the Secretary of State under sections 104(3), 105(3) and 112 of this Act; but—

(a) in its application by virtue of this subsection, section 250(4) shall have effect with the omission of the words “and any amount” onwards, and

(b) the power to make an order as to costs under section 250(5) as applied by this subsection shall be exercisable not only where the inquiry takes place but also where arrangements are made for it but it does not take place.”

3.—(1) Schedule 13(1) (orders relating to inland waterways) shall be modified as follows.

(2) For paragraph 1 there shall be substituted—

“1.   The Secretary of State shall not make an order under section 104(3), 105(3) or 112 of this Act unless he is satisfied that the provisions of paragraphs 1A to 5 below have been complied with in relation to that order and he may make the order as originally proposed or with such modifications as he thinks fit.

1A.— (1) Where an applicant proposes that such an order should be made by the Secretary of State for the purposes of proposals included in his application, he shall submit to the Secretary of State a draft of the proposed order and, not later than 14 days thereafter, evidence by affidavit of his compliance with paragraphs 2, 3, 4 and 5(1) below.

(2) Where compliance with any of the provisions of paragraphs 2 to 4 below may require the sending of any document to an organisation and is dependent upon it appearing to the Secretary of State that—

(a) the organisation is representative of persons using an inland waterway or canal, or

(b) the circumstances are such that the applicant is required to send a copy of the document to the organisation,

an applicant shall, before submitting a draft of the proposed order under paragraph (1) above, submit to the Secretary of State a written request for him to make a determination in respect of such matter and the Secretary of State shall make a determination within 28 days of receiving that request.”.

(3) In paragraph 2(1), for the words “the Minister shall consult with any organisation appearing to him to represent” there shall be substituted the words “the applicant shall, forthwith after submitting a draft of a proposed order to the Secretary of State, send a copy thereof, together with a notice containing the information specified in paragraph 4A of this Schedule, to every organisation appearing to the Secretary of State to represent”.

(4) In paragraph 2(2), for the words from “the Minister shall consult” to the end of the sub-paragraph there shall be substituted the words “the applicant shall, forthwith after submitting a draft of the proposed order to the Secretary of State, send a copy thereof, together with a notice containing the information specified in paragraph 4A of this Schedule, to the Inland Waterways Amenity Advisory Council.”.

(5) For paragraph 3 there shall be substituted—

“3.   In the case of a proposed order under section 105(3)—

(a) in respect of a commercial waterway or any part thereof, the applicant shall, forthwith after submitting a draft of the proposed order to the Secretary of State, send a copy thereof, together with a notice containing the information specified in paragraph 4A of this Schedule,—

(i) to every organisation appearing to the Secretary of State to represent persons operating commercial freight-carrying vessels on such waterway or part; and

(ii) if it appears to the Secretary of State that such waterway or part is used to a substantial extent by cruising craft, to the Inland Waterways Amenity Advisory Council;

(b) in respect of a cruising waterway or any part thereof, the applicant shall, forthwith after submitting a draft of the proposed order to the Secretary of State, send a copy thereof to the said Council together with a notice containing the information specified in paragraph 4A of this Schedule.”.

(6) For paragraph 4, there shall be substituted—

“4.   In the case of a proposed order under section 112 in respect of a canal or part of a canal (within the meaning of that section) which appears to the Secretary of State to be used to a significant extent for the purpose of navigation, the applicant shall, forthwith after submitting a draft of the proposed order to the Secretary of State, send a copy thereof, together with a notice containing the information specified in paragraph 4A of this Schedule, to every organisation appearing to the Secretary of State to represent persons using such canal or part as aforesaid and to the said Council.

4A.   The notice referred to in paragraphs 2, 3 and 4 of this Schedule is a notice of the submission of a draft of the proposed order pursuant to paragraph 1A above which shall contain in particular—

(a) the name of the applicant;

(b) the names and addresses of the departments to whose Secretaries of State—

(i) a draft of the proposed order under section 104(3), 105(3) or 112; and

(ii) an application under section 6 of the Transport and Works Act 1992 for an order under section 1 or 3 of that Act (and for the purposes of which such proposed order as aforesaid is required),

have, respectively, been submitted;

(c) a concise summary of the proposals contained in the application referred to in sub-paragraph (b)(ii) above;

(d) a statement that within a period specified in the notice, being a period of not less than 42 days from the date of the notice, any person may object to the making of the proposed order by notice in writing stating the grounds of objection and given to the Secretary of State at the address specified in sub-paragraph (b)(i) above.”.

(7) For paragraph 5(1), there shall be substituted—

“(1) In the case of a proposed order under section 104(3), 105(3) or 112 in respect of any waterway, the applicant shall—

(a) publish, forthwith after the draft of the proposed order has been submitted to the Secretary of State, in the London Gazette and in a national newspaper;

(b) publish on 2 separate occasions (the first of which shall be not more than 14 days before, and not later than, the date of submission of the draft of the proposed order to the Secretary of State and the second not more than 7 days after such date) in one or more local newspapers circulating in the area in which the waterway is situated; and

(c) cause to be displayed in one or more places adjacent to the waterway,

a notice of the submission of a draft of the proposed order containing in particular—

(i) the name and address of the applicant;

(ii) the name and address of the department to whose Secretary of State it has been submitted;

(iii) a concise summary of the provisions contained in the draft of the proposed order;

(iv) a statement that the proposed order is required for the purposes of an application made under section 6 of the Transport and Works Act 1992;

(v) the names of all places, within the area in which the waterway is situated (or as close as reasonably possible to such area), where a copy of the draft of the proposed order may be inspected free of charge at all reasonable hours during a period specified in the notice, being a period of not less than 42 days from the date of submission of the draft of the proposed order; and

(vi) a statement that, within the said period, any person may object to the making of the order by notice in writing stating the grounds of objection and given to the Secretary of State at the address specified in paragraph (ii) above;

and there shall be appended to the notice published in a national newspaper a copy of such notice of the application referred to in paragraph (iv) above as the applicant is obliged, by rules made under section 6 of the Transport and Works Act 1992, to publish in the London Gazette.

(1A) The Secretary of State shall consider every objection which is duly made to the proposed order (and is not withdrawn) and, if he has caused an inquiry to be held in connection with the proposed order, the report of the person holding the inquiry.”

(8) In paragraph 5(2)(b), for the words “the time when notice of the proposed order was published”, there shall be substituted the words “the date of submission of the draft of the proposed order to the Secretary of State”.

(9) For paragraph 6, there shall be substituted—

“6.   In this Schedule

“applicant” means a person making an application for an order under section 6 of the Transport and Works Act 1992 for the purposes of which the making of an order under section 104(3), 105(3) or 112 is required;

“cruising craft” has the meaning assigned by section 105(1)(b) of this Act; and

“local authority” means, as respects England and Wales, and without prejudice to and notwithstanding the provisions of section 115(3)(a) of this Act, a county council, a district council, a London borough council, the Common Council of the City of London, the Council of the Isles of Scilly and a Passenger Transport Executive.”.

(1)

Schedule 13, paragraph 5(2) was amended by the Water Act 1989, section 190(1) and Schedule 25, paragraph 38(4).