The Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005

Application of existing enactments

27.—(1) In this article “the original canal” means such part of any canal or former canal as is situated within the limits of deviation in relation to any of the scheduled works, and all works or conveniences connected with any such part, and any lands held for the purpose of such part, but does not include any operational part of the Board’s canal, or any works and conveniences connected therewith, or any lands held or used by the Board for the purpose of the operational part of the Board’s canal.

(2) Any enactment by which the original canal was authorised shall, as from the date on which this Order comes into force, have effect subject to the provisions of this Order.

(3) Except as may be otherwise provided in this Order, as from the date on which this Order comes into force the undertaker shall, in substitution for the Board, be entitled to the benefit of, and to exercise, all rights, powers and privileges and be subject to all obligations relating to the original canal as are provided in the Act made on 9^th May 1794 for making and maintaining a Navigable Canal from the Coventry Canal(1) (in so far as the same are still subsisting and capable of taking effect).

(4) Paragraph (3) shall be subject to any agreement between the undertaker and the Board under article 28 or article 29.

(1)

C.A.P. XCIII. Anno Tricesimo Quarto Georgii III Regis.