Part 9Temporary Use of Premises

Miscellaneous

I1231Vehicles 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.