The Inland Waterways Advisory Council (Abolition) Order 2012

Type Statutory-Instrument
Publication 2012-07-01
State In force
Department King's Printer of Acts of Parliament
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Made: 1st July 2012

Coming into force in accordance with article 1

In accordance with section 11(7) of the Act, the draft of this Order has been approved by a resolution of each House of Parliament after the expiry of the 60-day period referred to in that provision.

Citation and commencement

1

This Order—

Extent

2

The amendment made by article 4 and the repeals and revocations made by the Schedule have the same extent as the provisions to which they relate.

Abolition of the Inland Waterways Advisory Council

3

The body established by section 110 of the Transport Act 1968[^f00004] is abolished.

Consequential amendment of the British Waterways Act 1995

4

For paragraph 12 (standards appeal panel) of Part 2 of Schedule 2 to the British Waterways Act 1995[^f00005] substitute—

(12) (1) In England and Wales there is to be a standards appeal panel for the purpose of determining appeals under paragraph 13 below consisting of two persons appointed by Canal & River Trust[^f00006], and one by each of the following— (a) the Inland Waterways Association; (b) the Royal Yachting Association; and (c) the British Marine Federation. (2) In Scotland there is to be a standards appeal panel for the purpose of determining appeals under paragraph 13 below consisting of one person appointed by each of the following— (a) the Board; (b) the Royal Yachting Association; and (c) the British Marine Federation.

Repeals and revocations

5

The provisions mentioned in the Schedule are repealed or revoked to the extent specified.

SCHEDULE — Repeals and revocations

Chapter Short title Extent of repeal
1968 c. 73 Transport Act 1968 Sections 110 to 110C[^f00007]. In Schedule 13– paragraph 3(a)(ii) and the preceding “and”; paragraph 3(b).
1975 c. 24 House of Commons Disqualification Act 1975 In Schedule 1, Part 3, “Chairman of the Inland Waterways Advisory Council”[^f00008].
1983 c. ii British Waterways Act 1983 In Schedule 1, paragraph 1(c)[^f00009] and the preceding “and”.
1995 c. i British Waterways Act 1995 In Schedule 2, Part 2— paragraph 6(c)[^f00010]; in paragraph 7(1)(a), “the Inland Waterways Advisory Council, and to” and “other”; in the tailpiece to paragraph 7(1), “the Inland Waterways Advisory Council and to”; paragraph 8; paragraph 9.
2000 c. 36 Freedom of Information Act 2000 In Schedule 1, Part 6[^f00011], “The Inland Waterways Advisory Council”.
2006 c. 16 Natural Environment and Rural Communities Act 2006 Sections 73 to 77. Section 108(4). In Schedule 11, paragraph 175.
Instruments revoked[^f00012] References Extent of revocation
--- --- ---
The Transport and Works Applications (Inland Waterways Procedure) Regulations 1993 S.I. 1993/1119 In Schedule 1— in paragraph 3(4), “the Inland Waterways Advisory Council”; in the text substituted by paragraph 3(5)— sub-paragraph (a)(ii) and the preceding “and”; in sub-paragraph (b), “the said Council”.
The Scotland Act 1988 (Cross-Border Public Authorities) (Specification) Order 1999 S.I. 1999/1319 In the Schedule, the entry for “Inland Waterways Advisory Council”.
The Scotland Act 1988 (Cross-Border Authorities) (Adaptation of Functions etc) (No. 2) Order 2000 S.I. 2000/3251 Schedule 3.
The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 S.I. 2006/1466 In Schedule 5, in column (2) of the table, in entry 3, “the Inland Waterways Advisory Council,”.
The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007 S.S.I 2007/570 In Schedule 3, in column (2), in entry 4, “the Inland Waterways Advisory Council;”, and in entry 5, “Inland Waterways Advisory Council; the”.

Signed

Richard Benyon — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 1st July 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This instrument abolishes the Inland Waterways Advisory Council.

It also makes consequential amendments, including amendments to the membership of the standards appeal panels relating to the standards for construction and equipment of vessels.

An impact assessment has not been produced in respect of this Order, as it has no impact on the costs of business or the voluntary sector.

Footnotes

[^f00001]: 2011 c. 24.

[^f00002]: 1998 c. 46.

[^f00003]: 2006 c. 32.

[^f00004]: 1968 c. 73. Section 110 was substituted by section 74 of the Natural Environment and Rural Communities Act 2006 (c. 16). The body established by section 110 was (as originally established) known as the Inland Waterways Amenity Advisory Council, and by virtue of section 73 of the 2006 Act is known as the Inland Waterways Advisory Council.

[^f00005]: 1995 c. i.

[^f00006]: The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659) transfers functions, so far as exercisable in relation to England and Wales, from the British Waterways Board to Canal & River Trust and makes consequential amendments and repeals relating to the continued existence of the British Waterways Board as a statutory corporation in relation to Scotland.

[^f00007]: Section 110 was substituted, and sections 110A to 110C were inserted, by sections 74 to 77 of the Natural Environment and Rural Communities Act 2006 (c. 16).

[^f00008]: Schedule 1, Part 3, to the House of Commons Disqualification Act 1975 was amended by paragraph 175(2) of Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c. 16).

[^f00009]: Paragraph 1(c) was amended by paragraph 175 of Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c. 16).

[^f00010]: Paragraphs 6(c), 7(1), 8, and 9 of Part 2 of Schedule 2 to the British Waterways Act 1995 were amended by paragraph 175 of Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c. 16).

[^f00011]: Part 6 was amended by paragraph 175 of Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c. 16).

[^f00012]: References in subordinate legislation to “Inland Waterways Amenity Advisory Council” were amended by paragraph 175(1) of Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c. 16) by substituting for those words “Inland Waterways Advisory Council”.

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