The Environment Agency (Inland Waterways) Order 2010

Made: 4th March 2010

Coming into force: 6th April 2010

Accordingly, the Secretary of State, in exercise of the powers conferred by sections 3 and 5 of, and paragraphs 1, 2, 4, 7, 8, 12, 13 and 16 of Schedule 1 to the Act, makes the following Order.

PART 1 — PRELIMINARY

Citation and commencement

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• (1) This Order may be cited as the Environment Agency (Inland Waterways) Order 2010.

• (2) This Order comes into force on 6th April 2010.

Interpretation

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In this Order—

• “the Agency” means the Environment Agency;

• “commercial vessel” means any vessel that is kept or used for any commercial purpose not being a non-charging vessel, and in this definition “non-charging vessel” means a vessel in respect of which neither the owner nor any operator receives any form of payment from any person for or in connection with any voyage or excursion other than as a contribution to the direct expense of operating the vessel during that voyage or excursion;

• “master” in relation to a vessel means the person for the time being (whether lawfully or not) having command or charge of the vessel;

• “notice” means notice in writing;

• “officer”, except in article 21, means an officer or agent of the Agency duly authorised in writing by the Agency to exercise powers conferred by this Order;

• “on” in relation to a vessel on the waterways includes in or upon the waterways, whether or not the vessel is floating;

• “unincorporated association” does not include a partnership;

• “vessel” includes every description of vessel with or without means of propulsion of any kind and includes anything constructed or used to carry persons, goods, plant or machinery, or to be propelled or moved, on, in or by water; and

• “waterways” means unless the context otherwise requires any of the waterways described in article 3(2).

Application

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• (1) The provisions of this Order apply to the waterways.

• (2) The waterways are—

• (a) the waterways for which the Agency is the navigation authority pursuant to the Anglian Water Authority Act 1977[^f00004] (Schedule 1 of which is set out, as amended by article 28 of this Order, in Schedule 1 of this Order);

• (b) that part of the River Little Ouse between Brandon Staunch and Brandon Bridge;

• (c) the Great Ouse Flood Relief Channel between the Head sluice lock at Denver and the Tail sluice at Saddlebrow;

• (d) the Medway navigation, as defined ... in section 32 of the Southern Water Authority Act 1982[^f00005];

• (e) the Thames within the meaning of section 4 of the Thames Conservancy Act 1932[^f00006].

PART 2 — REGISTRATION OF VESSELS

Requirement for registration

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• (1) An owner or master of a vessel must not keep, let for hire or use the vessel on the waterways unless—

• (a) the vessel is registered with the Agency under article 5; and

• (b) any requirement imposed by the Agency under article 8 when registering the vessel is complied with.

• (2) Paragraph (1) does not apply in relation to a vessel if the vessel is exempted from its provisions by the Agency in accordance with paragraph (3).

• (3) The Agency may exempt any vessel or class of vessel from the provisions of paragraph (1) if, having regard to all the circumstances, it considers that the application of those requirements is not justified in the interests of the regulation of the waterways.

Duty to register

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• (1) Subject to the requirements of articles 6, 7 and 8, the Agency must register a vessel upon the receipt of an application for its registration.

• (2) Registration will ordinarily be for a period of 1 year from such date following the application for registration as the Agency may determine for the registration in question but the Agency may also if it sees fit register any vessel for such shorter period as it may determine.

• (3) When registering a vessel, the Agency must—

• (a) assign a registration number to the vessel; and

• (b) issue a registration certificate for the vessel.

• (4) When registering a vessel, the Agency may also—

• (a) assign a name or mark to the vessel unless the vessel is also registered under section8 of the Merchant Shipping Act 1995[^f00007]; and

• (b) issue a registration plate for the vessel.

• (5) Any name assigned to a vessel on its registration is to be—

• (a) the name of the vessel specified in the application for the vessel’s registration; or

• (b) such alternative name as the applicant may propose and which is acceptable to the Agency if the Agency determines that it is necessary to assign a different name to the vessel in order to avoid any confusion as to the identity of the vessel or the possibility of causing offence to any person.

• (6) The Agency may from time to time designate different categories of vessel either by reference to types, classes or sizes of vessel, or by reference to the use or location of vessels or by any combination of such means or other means for the purposes of any of the following requirements—

• (a) registration under article 5;

• (b) insurance under article 11;

• (c) construction and equipment standards under article 12; and

• (d) additional requirements for commercial vessels under article 15.

General requirements for registration

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The requirements for registration of a vessel are—

• (a) presentation to the Agency—

• (i) in such manner as it may require of the particulars set out in Schedule 2;

• (ii) of such additional information as the Agency may require respecting the characteristics and location of the vessel; and

• (b) payment of the registration charge applicable under any enactment in respect of the registration of the vessel by the Agency.

Refusal and revocation of registration

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• (1) The Agency may refuse to register a vessel if the requirements of article 6 have not been complied with or if the Agency has previously revoked the registration of the vessel under paragraph (3) or (4).

• (2) The Agency may refuse to register a vessel if, having regard to the information supplied in accordance with article 6(a), it is not satisfied at the time when it determines the application that—

• (a) there is in force a policy of insurance for the vessel which complies with the requirements of Schedule 3 where such a policy is required by article 11; and

• (b) the vessel is constructed and equipped in accordance with such specification as may for the time being be prescribed by the Agency for such a vessel under article 12.

• (3) Following receipt of any representation concerning a vessel (including any representation from an officer of the Agency), the Agency may refuse to register the vessel and it may revoke an existing registration of a vessel if, in its reasonable opinion and having regard to the representation, it is in the interest of safety.

• (4) The Agency may revoke the registration of a vessel if it appears to it that—

• (a) the basis upon which the vessel was registered was or has become incorrect in any material respect; and

• (b) any requirements imposed in respect of the vessel under article 8 have not been complied with.

• (5) The Agency must give notice to the owner, and, if different, the person who applied for registration, of a vessel of any refusal or revocation of registration in relation to it and in doing so must give its reasons.

• (6) Before refusing or revoking a registration under paragraph (3) or (4) the Agency must provide the owner of the vessel with an opportunity to make oral or written representations.

• (7) Subject to paragraph (8), an owner or another person with the owner’s consent may complain to a magistrates’ court under Part II of the Magistrates’ Court Act 1980[^f00008] against the refusal or revocation of a registration under paragraph (3) or (4) and, if the court decides that such refusal or revocation is unreasonable, the Agency must register the vessel without delay.

• (8) The imposition of any requirement for insurance under article 11, or any question concerning the imposition of a standard or specification for a vessel under article 12, may not be the subject of complaint under paragraph (7).

Requirements in respect of registered vessels

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• (1) The Agency may make it a requirement of the registration of a vessel under article 5 that any one or more of the following means of identification is displayed on the vessel in such manner as the Agency may specify in order to allow the vessel to be identified—

• (a) the registration number of the vessel;

• (b) any name or mark assigned to the vessel; and

• (c) any registration certificate and plate issued for the vessel.

• (2) The Agency may make it a requirement of the registration of a vessel under article 5 that—

• (a) the use of the vessel on the waterways is limited to the use specified in the category for which it is registered;

• (b) any change in ownership of the vessel is notified to the Agency by the transferor; and

• (c) any registration certificate or plate issued in respect of the vessel is surrendered to the Agency at the end of the registration period.

Liability of owner on transfer of ownership

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For the purposes of the requirements of this Order and any other enactment referred to in this Order applicable to the waterways, a person who is the owner of a vessel registered under this Order and who transfers ownership of the vessel is to be deemed to remain the owner of the vessel until that person has given notice to the Agency in writing of the name and address of the person to whom ownership of the vessel has been transferred.

Provision of information

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• (1) This article applies to information which is held by or on behalf of the Agency for the purposes of this Order (including information obtained by or on behalf of the Agency before the coming into force of this article).

• (2) Information may be supplied to a responsible authority for the purposes of facilitating the exercise of the Agency’s functions under this Order or any functions of that authority.

• (3) Information may be supplied to any person who can show to the satisfaction of the Agency or the Secretary of State reasonable cause for wanting the particulars to be made available to that person.

• (4) Information obtained by virtue of this article must not be further disclosed except to a responsible authority for the purposes mentioned in paragraphs (2) and (3).

• (5) In this article, “responsible authority” means any of the following—

• (a) the chief officer of police for any police area in which the waterways are situated;

• (b) the fire authority for any area in which the waterways are situated;

• (c) the enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc Act 1974[^f00009] for any area in which the waterways are situated;

• (d) the local planning authority within the meaning given by the Town and Country Planning Act 1990[^f00010] for any area in which the waterways are situated;

• (e) the local authority by which statutory functions are exercisable in any area in which the waterways are situated in relation to minimising or preventing the risk of pollution of the environment or of harm to human health;

• (f) in relation to a vessel—

• (i) a navigation authority within the meaning of section 221(1) of the Water Resources Act 1991[^f00011];

• (ii) the British Waterways Board; or

• (iii) the Secretary of State.

• (6) In this article, “statutory function” means a function conferred by or under any enactment.

PART 3 — FURTHER REGULATION OF VESSELS

Insurance

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• (1) The owner or master of a vessel must not keep, let for hire or use the vessel on the waterways unless there is in force in relation to the vessel a policy of insurance complying with the requirements of Schedule 3.

• (2) The requirements of paragraph (1) do not apply in relation to a vessel to the extent that the vessel is exempted by the Agency from those requirements.

• (3) The Agency may exempt any unpowered vessel or class of unpowered vessel from the application of paragraph (1) to such extent and upon such terms and conditions as it may determine if, having regard to its assessment of the risk of damage or injury which such insurance would provide cover against, it considers such exemption appropriate.

Construction and equipment standards

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• (1) The Agency may impose in relation to vessels such reasonable standards and specifications relating to construction and equipment for one or more of the following purposes—

• (a) securing the safety of persons or property;

• (b) the prevention of damage or injury to persons or property; or

• (c) the prevention of noise or pollution.

• (2) Different standards and specifications may be imposed by the Agency for the purposes of paragraph (1) in relation to different categories of vessels and in relation to different parts of the waterways.

• (3) Any such standard or specification imposed by the Agency may include requirements as to the maintenance, use and operation of appliances, fittings and equipment on a vessel and may extend to anything which is only temporarily installed or used on a vessel.

• (4) An owner or master of a vessel to which any standard or specification imposed under paragraph (1) applies must not keep, let for hire or use the vessel on the waterways otherwise than in accordance with that standard or specification.

• (5) The requirements of paragraph (1) and (4) do not apply in relation to a vessel to the extent that the vessel is exempted by the Agency from those requirements.

• (6) The Agency may exempt any vessel or class of vessel from the requirements of paragraph (1) and (4) to such extent and upon such terms and conditions as it may determine if, having regard to all the circumstances, it considers that the application of those requirements is not justified by reference to the purposes listed in the paragraph.

• (7) When exercising power under this article, the Agency must have regard to reasonable standards and specifications imposed by other persons for the purposes specified in paragraph (1) and to the desirability of achieving common standards in relation to the regulation of vessels by different persons.

Standards appeals panel

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• (1) A panel, referred to in this Order as “the standards appeals panel”, must be established by the Agency and operate in accordance with the provisions of Schedule 4.

• (2) The standards appeals panel is to determine—

• (a) any question as to whether a vessel to which this article applies complies with a standard or specification imposed under article 12; and

• (b) any question as to the reasonableness of a standard or specification prescribed under article 12,

if the question is the subject of an application made in accordance with paragraph (3).

• (3) An application to refer a question to the standards appeals panel must be made in writing to the Agency and signed by—

• (a) the owner of the vessel in the case of a question arising under paragraph (2)(a); and

• (b) not less than six persons, each of whom is the owner of a vessel to which this article applies in the case of a question arising under paragraph (2)(b).

• (4) This article applies to a vessel which is either—

• (a) registered under article 5; or

• (b) would be registered under article 5 but for a refusal or revocation of registration on the grounds of a failure to comply with standard or specification under article 12.

Inspection of vessels

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• (1) The owner or master of a vessel on the waterways must provide reasonable facilities for the inspection of the vessel by any person exercising powers of entry pursuant to sections 169 or 172 of the Water Resources Act 1991[^f00012] for the purpose of ascertaining whether any requirement under or by virtue of this Order is being complied with.

• (2) For the purposes of any inspection under this article, the owner or master of the vessel must cause the whole of any installation on the vessel to be made available for inspection.

Additional requirements for commercial vessels

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• (1) The Agency may from time to time determine to impose additional requirements in relation to commercial vessels on the waterways for the purposes of safety or amenity or the proper regulation of navigation.

• (2) Without prejudice to the generality of paragraph (1), the requirements which the Agency may determine to impose in relation to commercial vessels include—

• (a) requirements in relation to the number of persons who may be carried;

• (b) requirements in relation to the procedures to be followed when letting vessels for hire; and

• (c) except in relation to a vessel when let for hire without a master and crew, requirements in relation to the number and availability of the crew and the qualifications and competencies of the master and crew of such vessels.

• (3) Different requirements may be determined by the Agency for the purposes of paragraph (1) in relation to different categories of commercial vessel and in relation to different parts of the waterways.

• (4) An owner or master of a commercial vessel to which any requirements determined under paragraph (1) apply must not keep, let for hire or use the vessel on the waterways otherwise than in accordance with those requirements.

• (5) Paragraph (4) does not apply in relation to a vessel to the extent that the vessel is exempted by the Agency from requirements determined under paragraph (1).

• (6) The Agency may exempt any vessel or class of vessel from requirements prescribed under paragraph (1) to such extent and upon such terms and conditions as it may determine if, having regard to all the circumstances, it considers that the application of those requirements is not justified in the interests of safety or amenity, or in the interests of the proper regulation of navigation.