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

Transfer of the Canal

29.—(1) Except with the consent of the Secretary of State, the undertaker shall not transfer or vest the Canal or any part of it in any person other than the Board.

(2) Except as may be otherwise provided for in this Order or in any agreement under this article, as from the date on which any transfer of the Canal or any part of it by the undertaker comes into force, the transferee shall, in substitution for the undertaker, be entitled to the benefit of, and to exercise, all rights and powers and be subject to all obligations, statutory or otherwise, relating to the transferred Canal (in so far as the same are still subsisting and capable of taking effect).

(3) Where the Canal is transferred to the Board under this article, as from the transfer date—

(a) the transferred Canal shall be deemed for the purposes of any enactment to be (as the case may require) an inland waterway owned or managed by the Board or comprised in the undertaking of the Board or a canal or inland navigation belonging to or under the control of the Board; and

(b) any byelaws made under article 24 shall cease to apply to the transferred Canal.

(4) The transitional provisions of Schedule 9 shall have effect in relation to any transfer in accordance with this article, being a transfer to the Board.

(5) In this article—

“the transferee” means the Board or any other person to whom the undertaking or any part thereof is transferred under this article; and

“the transferred Canal” means so much of the Canal as is transferred in accordance with this article.