(1)The Secretary of State may make grants or other payments for the purpose of securing or encouraging the carriage of goods by inland waterway or by sea rather than by road where he is satisfied that that is in the public interest.
(2)Grants or payments under this section may in particular be made in respect of facilities for or in connection with the carriage of goods by inland waterway or by sea (including facilities for loading or unloading goods).
(3)Grants or payments under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as the Secretary of State may determine.
[F1(4)So far as it relates to inland waterways that are wholly in Wales, the power conferred by this section is a power of the Welsh Ministers.]
[F1(4A)So far as it relates to—
(a)the carriage of goods by an inland waterway that is partly in Wales, or
(b)the carriage of goods by sea where the carriage concerned is wholly or partly by sea adjacent to Wales,
the power conferred by this section may be exercised concurrently or jointly by the Secretary of State and the Welsh Ministers.]
(5)The power conferred by this section may only be exercised in or as regards Scotland if its exercise relates to reserved matters within the meaning of the M1Scotland Act 1998.
[F2(6)In this section—
"inland waterway” includes both a natural and an artificial inland waterway;
"sea adjacent to Wales” means the sea adjacent to Wales out as far as the seaward boundary of the territorial sea.]
[F2(7)An order under section 158(3) of the Government of Wales Act 2006 determining, or making provision for determining, any boundary between waters which are to be treated as parts of the sea adjacent to Wales and those which are not applies for the purposes of the definition of ““sea adjacent to Wales”” in this section as it applies for the purposes of the definition of ““Wales”” in that Act.]
Textual Amendments
F1S. 272(4)(4A) substituted for s. 272(4) (1.4.2018) by Wales Act 2017 (c. 4), ss. 56(2), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(l)
F2S. 272(6)(7) substituted for s. 272(6) (1.4.2018) by Wales Act 2017 (c. 4), ss. 56(3), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(l)
Modifications etc. (not altering text)
C1S. 272 functions made exercisable (28.2.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003 (S.I. 2003/415), arts. 1(1), 3 (with art. 5)
C2S. 272 functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 5 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 5 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))
Commencement Information
I1S. 272 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Marginal Citations