Part 9Temporary Use of Premises
Miscellaneous
231Vehicles and vessels
(1)
A temporary use notice—
(a)
may not be given in respect of a vehicle (or part of a vehicle),
(b)
may be given in respect of all or part of a passenger vessel,
(c)
may be given in respect of all or part of a vessel (within the meaning of section 353(1)) situated at a fixed place in or on water, and
(d)
may not be given in respect of all or part of a vessel to which neither of paragraphs (b) and (c) applies.
(2)
In relation to a vessel, a reference in this Part to a place in which premises are wholly or partly situated shall be construed—
(a)
in the case of a vessel (within the meaning of section 353(1)) situated at a fixed place in or on water, as a reference to that place,
(b)
in the case of a vessel which is permanently moored at a place, as a reference to that place,
(c)
in the case of a vessel which is habitually moored at one place more frequently or for longer periods than at any other place, as a reference to that place, and
(d)
in any other case, as a reference to any place at which a vessel is moored or is likely to be moored, or to the place in the United Kingdom nearest to any place at which a vessel is or is likely to be, while activities are carried on in the vessel in reliance on a temporary use notice.
(3)
In relation to a vessel, the following are responsible authorities for the purposes of this Part (in addition to the persons listed in section 157)—
(a)
a navigation authority, within the meaning of section 221(1) of the Water Resources Act 1991 (c. 57), which has functions in relation to any place at which a vessel is moored or is likely to be moored, or to the place in the United Kingdom nearest to any place at which a vessel is or is likely to be, while activities are carried on in the vessel in reliance on a temporary use notice,
(b)
the Environment Agency,
(c)
the British Waterways Board, and
(d)
the Secretary of State.