Railways Act 1993

140 Grants to assist the provision of facilities for freight haulage by inland waterway

(1) The Secretary of State may, out of money provided by Parliament, make grants in accordance with this section towards the provision of any facilities which are to be provided for or in connection with the carriage of goods by inland waterway or the loading or unloading of goods carried or intended to be carried by inland waterway.

(2) The Secretary of State shall not make a grant under this section unless he is satisfied—

(a) that, if the facilities in question are provided, they will be used for or in connection with the carriage, or the loading or unloading, of goods of particular classes or descriptions;

(b) that if the facilities are not provided, those goods will be carried by road; and

(c) that it is in the public interest for those goods to be carried by inland waterway.

(3) Grants under this section shall only be made towards expenditure which appears to the Secretary of State to be expenditure of a capital nature which is to be incurred in providing the facilities in question.

(4) Without prejudice to the generality of subsection (1) above, the facilities towards the provision of which grants under this section may be made include cargo-carrying craft, inland waterway terminals, wharves, access roads and equipment for use in connection with the carriage, loading or unloading of goods.

(5) No grant under this section shall be made except in pursuance of an application made to the Secretary of State by the person who intends to provide the facilities; and any such application shall be supported by such evidence as the Secretary of State may require with respect to—

(a) the use which is to be made of the facilities for or in connection with the carriage of goods by inland waterway or the loading or unloading of goods carried or intended to be carried by inland waterway;

(b) the amount and destination of the goods in connection with which the facilities are to be used; and

(c) the matters as to which he is required by subsection (2)(b) and (c) above to be satisfied if he is to make a grant under this section.

(6) The Secretary of State may, in making a grant under this section, impose such terms and conditions as he thinks fit.

(7) In this section—

• “goods” has the same meaning as in Part I above;

• “inland waterway” includes every such waterway, whether natural or artificial.

(8) Section 36 of the [1981 c. 56.] Transport Act 1981 (grants to assist the provision of facilities for freight haulage by inland waterway) shall cease to have effect.