SCHEDULE 3Amendments
PART 1Public general Acts
Public Health Acts Amendment Act 1907I11
In section 94(8) of the Public Health Acts Amendment Act 190786 (power to license pleasure boats), for “the British Waterways Board” substitute “Canal & River Trust”.
Harbours Act 1964I22
1
The Harbours Act 196487 is amended as follows.
2
In section 26(5)(a) (repeal of provisions limiting discretion of certain harbour authorities as to ships, passenger and goods dues charged by them), after “the Boards” insert “or Canal & River Trust”.
3
In section 3088 (duty of harbour and local lighthouse authorities to make available for inspection, and to keep for sale, copies of lists of certain charges)—
a
in subsection (1)—
i
omit the “or” at the end of paragraph (a);
ii
after paragraph (b) insert an “or” and then—
c
by virtue of section 43 of the Transport Act 1962 by Canal & River Trust at a harbour specified in Schedule 9 to that Act;
b
in subsection (3)—
i
for “(a) or (b)”, substitute “(a), (b) or (c)”;
ii
after “concerned”, insert “or by Canal & River Trust”;
iii
after “Board”, in the second place it occurs, insert “or Canal & River Trust”;
c
in subsection (6), after “Board”, insert “or by Canal & River Trust,”.
4
In section 36(a)89 (sections 31 and 32 not to apply to charges at certain harbours), after “the British Waterways Board”, insert “or Canal & River Trust”.
5
In section 42(11)(a)90 (accounts and reports relating to harbour activities and associated activities), after “the Boards”, insert “or Canal & River Trust”.
6
In section 57 (interpretation), after subsection (5) insert—
6
Any reference in this Act to Canal & River Trust shall be construed as including a reference to any company that is a subsidiary (within the meaning of the Companies Act 2006) of Canal & River Trust.
Countryside Act 1968I33
In section 16(6)(c) of the Countryside Act 196891 (access to open country: canals and woodlands), for “the British Waterways Board” substitute “Canal & River Trust”.
Salmon and Freshwater Fisheries Act 1975I44
1
The Salmon and Freshwater Fisheries Act 197592 is amended as follows.
2
In section 40 (River Severn)—
a
for “the British Waterways Board” substitute “Canal & River Trust”;
b
for “the Board’s” substitute “Canal & River Trust’s”.
Local Government, Planning and Land Act 1980I55
1
The Local Government, Planning and Land Act 198093 is amended as follows.
2
In section 185(2)(a)94 (restriction on power of certain authorities to make pleasure boat byelaws), for “the British Waterways Board” substitute “Canal & River Trust”.
3
In Schedule 1695 (bodies to whom Part 10 applies), in paragraph 18, after “Statutory undertakers” insert “other than Canal & River Trust”.
Highways Act 1980I66
1
The Highways Act 198096 is amended as follows.
2
In section 111(1) (interpretation of Part 6), for “the British Waterways Board” substitute “Canal & River Trust”.
3
In section 169(6) (controls on scaffolding in section 169 not to apply to certain structures), for “the British Waterways Board” substitute “Canal & River Trust”.
4
In section 219(4)(i)(i) (provisions relating to payment for street works not to apply in certain cases), for “the British Waterways Board” substitute “Canal & River Trust”.
5
In section 329(4) (interpretation), for “the British Waterways Board” substitute “Canal & River Trust”.
6
In Schedule 11 (provisions as to orders under section 93), in paragraph 4(c)—
a
for “the British Waterways Board” in the first place it occurs substitute “Canal & River Trust”;
b
for “that Board” substitute “Canal & River Trust”;
c
omit “(the predecessors of the British Waterways Board)”.
Transport Act 1981I77
In Schedule 3 to the Transport Act 198197 (powers of Associated British Ports), in paragraph 31(4), after “the British Waterways Board” insert “, Canal & River Trust”.
Agricultural Holdings Act 1986I88
In Schedule 12 to the Agricultural Holdings Act 198698 (modifications applicable to old tenancies and other similar cases), after paragraph 4(5) insert—
5A
Where by a scheme under section 24 of the Public Bodies Act 2011 relevant land has been transferred by the British Waterways Board to Canal & River Trust or any subsidiary of Canal & River Trust, sub-paragraph (2) shall (so far as relates to relevant land so transferred) have effect in relation to Canal & River Trust or, as the case may be, that subsidiary as it had effect in relation to the British Waterways Board immediately before that land was transferred under that scheme.
5B
In sub-paragraph (5A)—
a
“relevant land” means land falling within paragraph (a) or (b) of sub-paragraph (2) and transferred to the British Waterways Board as there mentioned;
b
“subsidiary” means a company which is a subsidiary within the meaning of the Companies Act 2006.
Town and Country Planning Act 1990I99
Ports Act 1991I1010
In section 1(4) of the Ports Act 1991101 (meaning of relevant port authority), after paragraph (c), insert—
ca
Canal & River Trust;
Water Resources Act 1991I1111
1
The Water Resources Act 1991102 is amended as follows.
2
In the heading to section 66 (inland waterways owned or managed by British Waterways Board), for “British Waterways Board” substitute “Canal & River Trust”.
3
In section 66103—
a
in subsection (1), for “the British Waterways Board (“the Board”)”, substitute “Canal & River Trust”;
b
in subsections (2)(b) and (c) and (3), for “the Board” in each place occurring, substitute “Canal & River Trust”.
4
In the heading to section 130 (charges in respect of abstraction from waters of British Waterways Board), for “British Waterways Board” substitute “Canal & River Trust”.
5
In section 130104, in subsections (1) and (2), for “the British Waterways Board” and “the Board” in each place occurring, substitute “Canal & River Trust”.
Transport and Works Act 1992I1212
1
The Transport and Works Act 1992105 is amended as follows.
2
In section 5(7) (subject matter of orders under sections 1 and 3), for “the British Waterways Board’s” substitute “Canal & River Trust’s”.
3
In section 20 (power to apply for, or object to, orders), omit subsection (3).
Environment Act 1995I1313
In section 41(8) (power to make schemes imposing charges) of the Environment Act 1995106, for “the British Waterways Board” substitute “Canal & River Trust”.
Channel Tunnel Rail Link Act 1996I1414
1
Schedule 15 (protective provisions) to the Channel Tunnel Rail Link Act 1996107 is amended as follows.
2
In the heading to Part 6 (protection of British Waterways Board), for “British Waterways Board”, substitute “Canal & River Trust”.
3
In Part 6108—
a
in paragraph 1(2), omit the definition of “the Board”;
b
for “the Board”, in each place occurring, substitute “Canal & River Trust”.
Freedom of Information Act 2000I1515
1
The Freedom of Information Act 2000109 is amended as follows.
2
In Part 6 of Schedule 1 (other public bodies and offices: general)—
a
omit the entry relating to the British Waterways Board;
b
at the appropriate place insert—
Canal & River Trust, in respect of information held by it relating to functions exercisable by it by virtue of the British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659).
Licensing Act 2003I1616
1
The Licensing Act 2003110 is amended as follows.
2
In section 13(4)111 (vessels: responsible authorities), in paragraph (h)(iii), for “the British Waterways Board” substitute “Canal & River Trust”.
3
In section 69(4)112 (vessels: responsible authorities), in paragraph (h)(iii), for “the British Waterways Board” substitute “Canal & River Trust”.
Gambling Act 2005I1717
1
The Gambling Act 2005113 is amended as follows.
2
In section 211(4) (vehicles and vessels: premises licences), for paragraph (c) substitute—
c
the British Waterways Board, if the place where the vessel is or is likely to be while activities are carried on in the vessel in reliance on a premises licence is in Scotland,
ca
Canal & River Trust, if the place where the vessel is or is likely to be while activities are carried on in the vessel in reliance on a premises licence is in England or Wales, and
3
In section 231(3) (vehicles and vessels: temporary use of premises), for paragraph (c) substitute—
c
the British Waterways Board, if the place where the vessel is moored or is likely to be moored, or the place in the United Kingdom nearest to the place at which the vessel is or is likely to be, while activities are carried on in the vessel in reliance on a temporary use notice is in Scotland,
ca
Canal & River Trust, if the place where the vessel is moored or is likely to be moored, or the place in the United Kingdom nearest to the place at which the vessel is or is likely to be, while activities are carried on in the vessel in reliance on a temporary use notice is in England or Wales, and
Natural Environment and Rural Communities Act 2006I1818
In Schedule 7 to the Natural Environment and Rural Communities Act 2006114 (designated bodies), in paragraph 7, for “The British Waterways Board” substitute “Canal & River Trust”.
Crossrail Act 2008I1919
1
Schedule 17 to the Crossrail Act 2008115 (protective provisions) is amended as follows.
2
In the heading to Part 5 (protection of British Waterways Board), for “British Waterways Board”, substitute “Canal & River Trust”.
3
In Part 5—
a
in paragraph 1(2), omit the definition of “the Board”,
b
for “the Board”, in each place occurring, substitute “Canal & River Trust”.
Flood and Water Management Act 2010I2020
In Schedule 3 to the Flood and Water Management Act 2010116 (sustainable drainage), in paragraph 11(3)(d), for “British Waterways” substitute “Canal & River Trust”.