SCHEDULE 3Amendments

Article 2(3)

PART 1Public general Acts

Public Health Acts Amendment Act 19071

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 19642

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 19683

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 19754

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 19805

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 19806

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 19817

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 19868

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 19909

In section 264(4)(a) (operational land) of the Town and Country Planning Act 199099, after “the Water Industry Act 1991”100, insert “or, in the case of land held by Canal & River Trust, the Public Bodies Act 2011”.

Ports Act 199110

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 199111

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 199212

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 199513

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 199614

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 200015

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 200316

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 200517

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 200618

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 200819

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 201020

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”.

Crime and Security Act 201021

In section 55(2)117 (power to restrict sale and supply of alcohol) of the Crime and Security Act 2010118, in the inserted section 172B(5)(i)(iii) of the Licensing Act 2003 (vessel: responsible authorities), for “the British Waterways Board” substitute “Canal & River Trust”.

Police Reform and Social Responsibility Act 201122

In section 119(3)119 (early morning alcohol restriction orders) of the Police Reform and Social Responsibility Act 2011120, in the substituted section 172B(4)(j)(iii) of the Licensing Act 2003 (vessel: responsible authorities), for “the British Waterways Board” substitute “Canal & River Trust”.

PART 2Acts of the Scottish Parliament

Ethical Standards in Public Life etc. (Scotland) Act 200023

In schedule 3 to the Ethical Standards in Public Life etc. (Scotland) Act 2000121 (devolved public bodies), at the appropriate place insert “The British Waterways Board.”.

Scottish Public Services Ombudsman Act 200224

In schedule 2 to the Scottish Public Services Ombudsman Act 2002122 (listed authorities), in Part 2 (entries amendable by Order in Council) before paragraph 21 insert the following—

20B

The British Waterways Board.

Freedom of Information (Scotland) Act 200225

In schedule 1 to the Freedom of Information (Scotland) Act 2002123 (Scottish public authorities), in Part 7 (others) before paragraph 62 insert the following—

61B

The British Waterways Board.

Public Services Reform (Scotland) Act 201026

1

The Public Services Reform (Scotland) Act 2010124 is amended as follows.

2

In schedule 5 (improvement of public functions: listed bodies), in the list headed “Scottish public authorities with mixed functions or no reserved functions”, at the appropriate place insert “British Waterways Board”.

3

In schedule 8 (information on exercise of public functions: listed public bodies), at the appropriate place insert “British Waterways Board”.

4

The amendment made by sub-paragraph (3) does not require the British Waterways Board to publish any information under section 31(1) or (3) or 32(1) of the Public Services Reform (Scotland) Act 2010 in respect of expenditure incurred, payments made or steps taken prior to the transfer date.

Public Records (Scotland) Act 201127

In the schedule to the Public Records (Scotland) Act 2011125 (authorities to which Part 1 applies), in the list headed “Others”, at the appropriate place insert “British Waterways Board.”.

PART 3Subordinate legislation

The Drainage Rates (Appeals) Regulations 197028

In regulation 5(2)(c) (hereditaments occupied for purposes of extensive undertakings) of the Drainage Rates (Appeals) Regulations 1970126, for “and the British Waterways Board” substitute “, or Canal & River Trust”.

The Secretary of State for Transport (Harbour Authorities) Charging Scheme 198229

In the Schedule (contributing authorities) to the Secretary of State for Transport (Harbour Authorities) Charging Scheme 1982127, at the appropriate place insert “Canal & River Trust”.

The Local Government Reorganisation (Preservation of Right to Buy) Order 198630

In Schedule 1 (modifications as applied to preserved right to buy) to the Local Government Reorganisation (Preservation of Right to Buy) Order 1986128, in sub-paragraph (4) of paragraph 7 of Schedule 4 to the Housing Act 1985129 inserted by paragraph 42(a) of Part 1, at the appropriate place insert “Canal & River Trust”.

The Housing (Right to Buy) (Prescribed Persons) Order 199231

In the Schedule (prescribed persons) to the Housing (Right to Buy) (Prescribed Persons) Order 1992130, at the appropriate place insert “Canal & River Trust”.

The Transport and Works Applications (Inland Waterways Procedure) Regulations 199332

1

The Transport and Works Applications (Inland Waterways Procedure) Regulations 1993131 are amended as follows.

2

In regulation 3(1) (application of regulations), for “the British Waterways Board’s” substitute “Canal & River Trust’s”.

3

In Schedule 1 (modifications of the Transport Act 1968)—

a

omit paragraph 1;

b

in paragraph 3(3)—

i

after “shall consult”, insert “with Canal & River Trust, where the waterway in respect of which the order is to be made is in England or Wales, and”;

ii

after “of this Schedule,”, insert “to Canal & River Trust and”;

c

in paragraph 3(4), after “of this Schedule, to”, insert “Canal & River Trust”;

d

in paragraph 3(5), in the text of the modified paragraph 3—

i

in sub-paragraph (a), before paragraph (i), insert—

ai

to Canal & River Trust

ii

in sub-paragraph (b), after “copy thereof to”, insert “Canal & River Trust”.

4

In paragraph 2(2) of Schedule 2 (modifications of the Transport and Works Act 1992) in the text of the modified section 11(4)(c)—

a

for “the British Waterways Board’s” substitute “Canal & River Trust’s”;

b

after “with that paragraph” insert “, Canal & River Trust”.

The Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 199933

In the Schedule to the Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999132, omit the entry relating to the British Waterways Board.

The Utilities Contracts Regulations 200634

In Schedule 1 (utilities) to the Utilities Contracts Regulations 2006, in Part P, for “British Waterways Board” substitute “Canal & River Trust”.

The Merchant Shipping (Inland Waterways and Limited Coastal Operations) (Boatmasters’ Qualifications and Hours of Work) Regulations 200635

In Part 1 of Schedule 2 to the Merchant Shipping (Inland Waterways and Limited Coastal Operations) (Boatmasters’ Qualifications and Hours of Work) Regulations 2006133, after “British Waterways Boatmanship Licence” add “or equivalent licence issued by Canal & River Trust”.

The Community Drivers’ Hours and Recording Equipment Regulations 200736

In Part 1 of the Schedule (exempted vehicles) to the Community Drivers’ Hours and Recording Equipment Regulations 2007134, in paragraph 1(2)(f), after “the British Waterways Board” insert “or Canal & River Trust”.