British Waterways Act 1995 (c. i)
1995 c. i - continued



    An Act to confer powers on the British Waterways Board to enter land and repair or maintain, or carry out other operations with respect to, the waterways owned or managed by them and other works; to confer further powers on the Board for the regulation and management of their waterways and in relation to their undertaking; to amend or repeal statutory provisions relating to the Board or their undertaking; and for other purposes.
  [16th January 1995]



    WHEREAS—
      (1) By the [1962 c. 46.] Transport Act 1962 the British Waterways Board (in this Act referred to as "the Board") were established:
      (2) It is expedient that powers should be conferred on the Board to enter land and repair or maintain, or carry out other operations with respect to, the inland waterways owned or managed by them and other works in circumstances where it would not be reasonably practicable for such repairs, maintenance or operations to be carried out without such entry:
      (3) It is expedient that further provisions should be made for the regulation and management by the Board of the inland waterways owned or managed by them and that certain statutory provisions relating to the Board or their undertaking should be amended or repealed:
      (4) It is expedient that the other powers in this Act contained should be conferred upon the Board and that the other provisions in this Act contained should be enacted:
      (5) The purposes of this Act cannot be effected without the authority of Parliament:


    May it therefore please Your Majesty that it may be enacted, and be it enacted, by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
 
Part I
 
Preliminary

Short and collective titles.

        1.—(1) This Act may be cited as the British Waterways Act 1995.

    (2) The British Waterways Acts 1963 to 1988 and this Act may be cited together as the British Waterways Acts 1963 to 1995.

Interpretation.

        2.—(1) In this Act, unless the context otherwise requires—
    "the Act of 1968" means the [1968 c. 73.] Transport Act 1968;
    "the Act of 1971" means the [1971 c. xviii.] British Waterways Act 1971;
    "the Act of 1983" means the [1983 c. ii.] British Waterways Act 1983;
    "authorised officer" means any person duly authorised in writing by or on behalf of the Board;
    "the Board" means the British Waterways Board;
    "commercial waterway" and "cruising waterway" have the meanings given by section 104 of the Act of 1968;
    "daily fine" means a fine for each day or part of a day on which an offence is continued after conviction thereof;
    "inland waterway" means any canal or inland navigation belonging to or under the control of the Board and includes any works, lands or premises belonging to or under the control of the Board and held or used by them in connection with such canal or inland navigation;
    "remainder waterway" means an inland waterway of the Board which is not for the time being a commercial waterway or a cruising waterway;
    "river purification authority", in relation to Scotland, means a river purification board established under section 135 of the [1973 c. 65.] Local Government (Scotland) Act 1973 or an islands council;
    "the specified provisions" means sections 2 (2) to (5) and 4 of the [1961 c. 33.] Land Compensation Act 1961 or, in relation to Scotland, sections 9 (2) to (5) and 11 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963;
    "the tribunal" means the Lands Tribunal or, in Scotland, the Lands Tribunal for Scotland; and
    "vessel" includes any ship, boat, barge, lighter or raft and any other description of craft, whether used in navigation or not.
    (2) Any reference in this Act to a Part not otherwise identified is a reference to that Part of this Act.