- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Canals Protection (London) Act 1898.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
An Act to provide for the Protection of Dangerous Places on Canals in the County of London.
[25th July 1898]
Extent Information
E1For the extent of this Act see S. 7
If in the opinion of any local authority any part of a canal within the jurisdiction of that local authority, or the bank or towing-path thereof, is so insufficiently protected at any place where it abuts upon any public highway existing at the time of the passing of this Act as to involve danger to human life, such local authority may by notice in writing require the canal company to erect and maintain such fences, gates, turnstiles, or rails on any part of the bank or towing-path, or on adjacent property of the canal company, as may, in the opinion of the local authority, be required to obviate such danger: Provided that no fences, gates, turnstiles, or rails shall be required to be erected which would be between the waterway of the canal and the towing-path thereof, or which would otherwise interfere with the free passage of traffic along the canal or towing-path.
If the canal company refuse to comply with any notice under this Act, or fail for one month from receipt of any such notice to comply therewith, it shall be lawful for a court of summary jurisdiction by order on complaint by the local authority to determine, after due inquiry, whether any such danger exists, and whether the works required by any such notice are necessary and such as the canal company may be reasonably required to carry out, and whether the whole or any of such works shall be carried out, and to limit a time within which any works shall be executed, and to determine whether the costs of any such works and the future maintenance thereof shall be borne by the local authority or the canal company, or in what proportions between them.
If any such order be not complied with by the canal company within the time so limited, the local authority may execute the works necessary for compliance with such order, and may recover the costs thereof from the canal company, so far as payable by them.
The costs of any works payable by the local authority or the canal company under this Act may be recovered from the party liable for the same in manner provided by the Summary Jurisdiction Acts.
Any order of a court of summary jurisdiction under this Act shall be subject to appeal to [F1the Crown Court] . . . F2
Textual Amendments
F1Words substituted by virtue of Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I
F2Words repealed by S.I. 1971/1292, Sch. 3
Textual Amendments
F3S. 6 repealed by Statute Law Revision Act 1908 (c. 49)
This Act shall apply only within [F4Greater London].
Textual Amendments
F4Words substituted by London Government Act 1963 (c. 33), Sch. 17 para. 4
In this Act—
“Canal Company” means any company or person owning or in possession of a canal or any part thereof:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
Textual Amendments
F5Definition repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II
This Act may be cited as the Canals Protection (London) Act 1898.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: