Part VII Inland Waterways
Supplementary
E1115 Interpretation of Part VII.
1
In sections 105 and 112 of this Act—
a
references to any right of navigation over a waterway or canal include references to any right to use or keep any vessel or craft on the waterway or canal;
b
“the appropriate tribunal” means, as respects England and Wales, the F10Upper and, as respect Scotland, the Lands Tribunal for Scotland or, until sections 1 to 3 of the M1Lands Tribunal Act 1949 come into force as regards Scotland, an official arbiter appointed under Part I of the M2Land Compensation (Scotland) Act 1963;
and sections 3 and 5 of the said Act of 1963 shall apply, subject to any necessary modifications, in relation to the determination of any question under either of those sections by an arbiter so appointed.
2
Nothing in section 105 or in any order under section 112 of this Act shall be construed as abrogating any rights of navigation which subsist otherwise than by virtue of the enactments referred to in subsections (5) and (6) of the said section 105 or subsection (1) of the said section 112; and in those subsections references to rights conferred by an enactment do not include references to rights which are merely confirmed by it and which, if that enactment had not been passed, would subsist otherwise than by virtue of any such enactments as aforesaid.
3
In sections 109, 112, 113 and 114 of this Act, “local authority” means—
a
F4b
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F54
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E2115 Interpretation of Part VII.
1
In sections 105 and 112 of this Act—
a
references to any right of navigation over a waterway or canal include references to any right to use or keep any vessel or craft on the waterway or canal;
b
“the appropriate tribunal” means, as respects England and Wales, the F10Upper and, as respect Scotland, the Lands Tribunal for Scotland or, until sections 1 to 3 of the M3Lands Tribunal Act 1949 come into force as regards Scotland, an official arbiter appointed under Part I of the M4Land Compensation (Scotland) Act 1963;
and sections 3 and 5 of the said Act of 1963 shall apply, subject to any necessary modifications, in relation to the determination of any question under either of those sections by an arbiter so appointed.
2
Nothing in section 105 or in any order under section 112 of this Act shall be construed as abrogating any rights of navigation which subsist otherwise than by virtue of the enactments referred to in subsections (5) and (6) of the said section 105 or subsection (1) of the said section 112; and in those subsections references to rights conferred by an enactment do not include references to rights which are merely confirmed by it and which, if that enactment had not been passed, would subsist otherwise than by virtue of any such enactments as aforesaid.
F6F73
In sections 109, 112 and 113 of this Act “local authority” means a regional or islands council and in section 114 of this Act means a regional, islands or district council.
F83A
In sections 109, 112, 113 and 114 of this Act, “local authority” means, as respects Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994
F94
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