The British Waterways Board (Transfer of Functions) Order 2012

Citation, commencement, extent and interpretation

1.—(1) This Order may be cited as the British Waterways Board (Transfer of Functions) Order 2012.

(2) This Order comes into force on the day after the day on which it is made.

(3) The amendments, repeals and revocations made by article 7 and Schedules 2 and 3 have the same extent as the provisions to which they relate.

(4) In this Order—

(a)“the 1962 Act” means the Transport Act 1962(1);

(b)“the 1968 Act” means the Transport Act 1968(2);

(c)“the transfer date” means the day this Order comes into force.

Transfer of statutory functions

2.—(1) On the transfer date, the functions exercisable by the British Waterways Board—

(a)under or by virtue of the enactments listed in Schedule 1 (enactments conferring functions transferred by article 2), and

(b)under or by virtue of any local Act(3),

are transferred, so far as exercisable in relation to England and Wales, to Canal & River Trust(4).

(2) Schedule 2 (which makes consequential provision to the 1962 Act and the 1968 Act) has effect.

(3) Schedule 3 (which makes consequential provision to public general Acts, Acts of the Scottish Parliament and subordinate legislation) has effect.

(4) Paragraphs (5) and (6) apply so far as is necessary for the purposes of, or in consequence of, paragraph (1).

(5) Any reference in an enactment which, by virtue of section 32 of, or Schedule 2 or 6 to, the 1962 Act(5), is to be read as a reference to the British Waterways Board is to be read in relation to England and Wales as a reference to Canal & River Trust.

(6) Subject to paragraph (5), any reference to (and any reference which is to be read as a reference to) the British Waterways Board—

(a)in any subordinate legislation made under or by virtue of any Act listed in Schedule 1 (other than subordinate legislation made under or by virtue of any section of the 1962 Act or the 1968 Act listed as an exception in that Schedule), or

(b)in any local Act or any subordinate legislation made under or by virtue of any such Act,

is to be read in relation to England and Wales as a reference to Canal & River Trust.

Transfer of functions of harbour authority, navigation authority and statutory undertaker

3.—(1) Where immediately before the transfer date—

(a)the functions of the British Waterways Board include, by virtue of any enactment, any functions of a harbour authority, navigation authority or statutory undertaker, and

(b)those functions are not otherwise transferred by this Order,

those functions become functions of Canal & River Trust in relation to England and Wales on that date.

(2) But paragraph (1) does not apply in relation to functions of a statutory undertaker under Part 10 of the Local Government, Planning and Land Act 1980(6).

(3) In this article, “harbour authority”, “navigation authority” and “statutory undertaker” have, in relation to any function of the British Waterways Board exercisable by virtue of an enactment, the same meaning as in that enactment.

Supplementary provision

4.—(1) Nothing in this Order affects the validity of anything done (or having effect as if done) by or in relation to the British Waterways Board before the transfer date; and anything (including legal proceedings) which on that date is in the process of being done by or in relation to the British Waterways Board, so far as it relates to any of the transferred functions, may be continued by or in relation to Canal & River Trust.

(2) Anything done (or having effect as if done) by or in relation to the British Waterways Board, so far as it relates to any of the transferred functions, has effect, so far as is necessary for continuing its effect after the transfer date, as if done by or in relation to Canal & River Trust.

(3) In this article, “transferred functions” means the functions transferred by virtue of articles 2 and 3.

Transitional provisions

5.—(1) Schedule 4 (transitional provisions) has effect.

(2) Nothing in article 2 affects the application of section 44(7) of the 1968 Act (account by Minister of receipt and disposal of certain sums) so far as relating to—

(a)the period commencing on 1st April 2011 and ending on 31st March 2012, and

(b)the period commencing on 1st April 2012 and ending on the day before the transfer date.

Savings

6.—(1) Nothing in this Order affects the validity of the appointment of any person to the British Waterways Board made by the Scottish Ministers under section 1(2A)(b) of the 1962 Act as it had effect immediately before the transfer date.

(2) Nothing in this Order affects any order made under section 74 of, or Part 4 of Schedule 7 to, the 1962 Act and in force immediately before the transfer date.

Revocation

7.  The Regulatory Reform (British Waterways Board) Order 2003(8) is revoked.