The British Waterways Board (Transfer of Functions) Order 2012

1962 c. 46. Relevant amendments were made by the Harbours Act 1964; the Transport Act 1968 (c. 73); the Statute Law (Repeals) Act 1974 (c. 22); the Acquisition of Land Act 1981 (c. 67); the Transport Act 2000 (c. 38); the Railways Act 2005 (c. 14); S.I. 2000/3251 and 2003/1545. Section 72 ceased to have effect in relation to the British Waterways Board by virtue of section 137(8) of the Transport Act 1968. The Transport Act 1962 provided for the distribution of the functions and property of the British Transport Commission (the BTC) amongst four boards. Under section 31, the British Waterways Board (the Board) became the successor to the property, rights and liabilities comprised in the part of the BTC’s undertaking constituted by their inland waterways (with an exception) and certain harbours. Functions of the BTC under a number of public and local Acts (including under the Coast Protection Act 1949 (c. 74) and several British Transport Commission Acts) were transferred to the Board under section 32(1) and Schedule 2. Functions of the BTC under statutory provisions so far as relating to an undertaking, or part of an undertaking, or property transferred to the Board by Part 2 of the Transport Act 1962 were transferred to the Board by section 32(3). Functions of the BTC under statutory provisions authorising the carrying out of works designed to be used in connection with an undertaking or part of an undertaking transferred to the Board, or the acquisition of land for the purpose of carrying out such works, were transferred to the Board by section 32(4). The functions transferred included functions of the BTC under or by virtue of the Transport Act 1947 (c. 49), S.R. & O 1947/2797, various British Transport Commission Acts and other legislation. Functions under certain statutory provisions authorising the BTC to appoint, nominate, or concur in or approve the appointment or nomination of, a member of certain bodies were transferred from the BTC to the Board by virtue of the British Transport Commission (Transfer of Functions) (Appointments and Nominations) Order 1963 (S.I. 1963/2023) (made under section 32(5)).

1964 c. 40. Relevant amendments were made to sections 30 and 36 by the Transport Act 1968, Schedule 16. Section 42 was substituted by the Transport Act 1981 (c. 56), Schedule 6, paragraph 10 (and there are other amendments to that section that are not relevant to this Order). There are amendments to the definition of “the Boards” in section 57(1) that are not relevant to this Order.

1968 c. 73.

1975 c. 51.

1979 c. 46.

1980 c. 66.

1981 c. 56.

1986 c. 5.

1987 c. 21.

1990 c. 8.

1991 c. 57.

1992 c. 42.

1993 c. 38. Part 2 of that Act is repealed, as from a date to be appointed, by the Welsh Language (Wales) Measure 2011 (nawm 1), section 145(2)(a).

1996 c. 61.

2003 c. 17.

2004 c. 5.

2005 c. 19.

2006 c. 16.

2008 c. 18.

2008 c. 29

2010 c. 29.

S.I. 2006/6.

S.I. 2007/1819.

1962 c. 46.

Section 1 was amended by the Transport (London) Act 1969 (c. 35), Schedules 6 and 12; the Transport Act 1981 (c. 56), Schedule 12, Part 1; the Transport Act 2000 (c. 38), Schedule 31, Part 4, and S.I. 2000/3251.

2000 c. 38.

Section 10 was amended by the Transport Act 1968, Schedule 18, Part 1 and S.I. 2003/1545.

Section 11 was amended by the Transport Act 1968, Schedule 18, Part 1 and S.I. 2000/3251.

Subsection (3A) was inserted by S.I. 2000/3251. There are other amendments to section 12 that are not relevant to this Order.

Relevant amendments to section 14 were made by S.I. 2000/3251.

Section 15 was amended by the Acquisition of Land Act 1981 (c. 67), Schedules 4 and 6.

1981 c. 67.

Section 15A was inserted by S.I. 2000/3251.

Section 17 was amended by S.I. 2000/3251.

Section 18 was amended by the Transport Act 1968, Schedule 18, Part 1. There is a further amendment not relevant to this Order.

Subsection (7) was inserted by S.I. 2000/3251. Section 19 was also amended by the Transport Act 1968, Schedule 18, Part 1; the Transport (London) Act 1969, Schedule 6; the Statutory Corporations (Financial Provisions) Act 1974 (c. 8), section 4 and Schedule 2; the Transport (Financial Provisions) Act 1977 (c. 20), section 3(2)(a); the Transport Act 1981, Schedule 12, Part 1; the Water Act 1981 (c. 12), section 1(1) and (2); the Transport Act 2000, Schedule 31, Part 4, and S.I. 2011/1043, article 4(1).

2000 asp 1.

Subsection (7) was inserted by S.I. 2000/3251.

Section 21 was amended by the Statutory Corporations (Financial Provisions) Act 1974, section 4 and Schedule 2 and the Miscellaneous Financial Provisions Act 1983 (c. 29), section 4 and Schedule 2.

Section 21A was inserted by S.I. 2000/3251. Another section 21A (grants to the Railways Board) was inserted by the Railways Act 1993 (c. 43), section 109 and repealed, as from a date yet to be appointed, by the Transport Act 2000, Schedule 31, Part 4.

Section 24 was amended by S.I. 1991/1997, 2000/3251 and 2008/948.

Subsection (2A) was inserted by S.I. 2000/3251. Section 25 was also amended by the Transport Act 1968, Schedule 18, Part 1.

Section 27 was amended by the Transport Act 1968, sections 46(5) and 51(3), the Railways Act 1974 (c. 48), section 4(6); the Transport Act 2000, Schedule 31, Part 4 and S.I. 2000/3251. There are further amendments not relevant to this Order.

Section 28 was amended by S.I. 2000/3251.

Section 43 was amended by the Transport Act 2000, Schedule 27; the Railways Act 2005 (c. 14), Schedule 12. There are further amendments not relevant to this Order.

Section 50 was amended by the Harbours Act 1964 (c. 40), Schedule 6.

There are amendments and modifications to section 52 that are not relevant to this Order.

Section 63 was repealed, in relation to England and Wales, by the Water Resources Act 1963 (c. 38), Schedule 14, Part 2. Modifications extending to Scotland were made by the Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822).

There are amendments to section 74 that are not relevant to this Order.

Relevant amendments to section 86 were made by S.I. 1970/1681 and 2000/3251.

Relevant amendments to Schedule 1 were made by the Transport Act 1968, section 52(4); the Transport Act 2000, Schedule 31, Part 4 and S.I. 2000/3251.

Schedule 9 was amended by the Harbours Act 1964, sections 28 and 39(3) and Schedule 6, and the Transport Act 1981, Schedule 12, Part 1.

1968 c. 73.

Section 43 was amended by S.I. 2000/3251. There are other amendments not relevant to this Order.

Relevant amendments to section 44 were made by the Transport Act 1980 (c. 34), Schedule 9; S.I. 1973/338 and 1991/510 and S.S.I. 2002/263. Section 44(1) was also amended, as from a date to be appointed, by the Transport Act 2000, Schedule 31, Part 4.

Section 46 was amended by S.I. 2000/3251.

Relevant amendments to section 48 were made by S.I. 2000/3251 and S.S.I. 2002/263.

Subsection (4A) was inserted by S.I. 2000/3251. Other relevant amendments to section 49 were made by the British Waterways Act 1995 (c. i), section 23.

Section 50 was amended by the Transport Act 2000, Schedule 31, Part 4, and S.I. 2000/3251. Other amendments were made that are not relevant to this Order.

Section 104 was amended by S.I. 2000/3251.

Section 105 was amended by S.I. 2000/3251 and modified by S.I. 1993/119.

Section 106 was amended by S.I. 2000/3251.

Section 108 was amended by the Planning (Consequential Provisions) Act 1990 (c. 11), Schedule 2, paragraph 22(2); the Environmental Protection Act 1990, Schedule 15, paragraph 10(3); the Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11), Schedule 2, paragraph 17(1), and the Public Health etc (Scotland) Act 2008 (asp 5), schedule 3, Part 1.

Section 109 was amended by the Gas Act 1986, Schedule 7, paragraph 9; the Electricity Act 1989 (c. 29), Schedule 16, paragraph 14; the Water Act 1989, Schedules 25 and 27; the Water Consolidation (Consequential Provisions) Act 1991 (c. 60), Schedule 1, and S.I. 1996/593, 2000/3251 and 2004/1822. It was modified by the Gas Act 1995, Schedule 4, paragraph 2(2)(d) and the Utilities Act 2000 (c. 27), sections 31(1) and 76(7).

Section 112 was amended by the Water Act 1989, Schedule 25, paragraph 38; the Planning (Consequential Provisions) Act 1990, Schedule 2; the Planning (Consequential Provisions) (Scotland) Act 1997, Schedule 2, paragraph 17(2); the Public Health etc (Scotland) Act 2008 (asp 5), schedule 3, Part 1, and S.I. 1996/593, 2000/3251 and 2004/1822.

Section 113 was amended by the Criminal Justice Act 1982 (c. 48), sections 37, 38 and 46; the Water Act 1989, Schedule 25, paragraph 38, and S.I. 2004/1822.

Section 116 was amended by the Local Government Act 1972 (c. 70), Schedule 30 and S.I. 1996/420 and 2003/1615.

Section 117 was amended by S.I. 1996/420 and 2000/3251. There are other amendments and modifications that are not relevant to this Order.

Section 118 was amended by S.I. 1996/420 and 2003/1615.

Section 119 was amended by the Highways Act 1980, Schedule 24, paragraph 18 and S.I. 1996/420 and 2003/1615.

Section 121 was amended by the Highways Act 1980, Schedule 24, paragraph 18; the Transport Act 1980, Schedule 9, Part 3 and the Transport and Works Act 1992, Schedule 4, Part 1. There are further amendments and modifications that are not relevant to this Order.

Section 137 was amended by S.I. 1997/2971 and 2002/2626. There are other amendments not relevant to this Order.

Section 144 was amended by S.I. 1994/2032 and 1997/1744. There are other amendments not relevant to this Order.

Schedule 13 was amended by the Water Act 1989, Schedule 25, paragraph 38; the Natural Environment and Rural Communities Act 2006, Schedule 11, Part 2 and S.I. 1996/593, 2000/3251, 2004/1822 and 2012/1658. It was modified by S.I. 1993/1119.

1907 c. 53. Section 94(8) was substituted by S.I. 1997/1187, article 2.

1964 c. 40.

Section 30 was amended by virtue of the Decimal Currency Act 1969 (c. 19) and by the Transport Act 1968, Schedules 16 and 18; the Transport Act 1981 (c. 56), Schedules 5, 6 and 12; the Merchant Shipping Act 1995 (c. 21), Schedule 12; the Transport Act 2000 (c. 38), Schedule 31, Part 4, and S.I. 1978/272, Schedule 5.

Section 36 was amended by the Transport Act 1968, Schedule 16; the Transport Act 1981, Schedule 12, Parts 1 and 2; the Transport Act 2000, Schedule 31, Part 4, and S.I. 1999/1820, Schedule 2, Part 1, paragraph 34.

Section 42 was substituted by the Transport Act 1981, Schedule 6, paragraph 10. There are other amendments not relevant to this Order.

1968 c. 41. Section 16(6)(c) was amended by the Transport Act 1968, section 111.

1975 c. 51. Section 40 was amended by the Environment Act 1995 (c. 25), Schedule 15, paragraph 2.

1980 c. 65.

There are amendments to section 185 that are not relevant to this Order.

See article 3(2) of this Order. Paragraph 18 of Schedule 16 was amended by the Gas Act 1986 (c. 44), section 67(4) and Schedule 9, Part 1, the Electricity Act 1989 (c. 29), section 112(4) and Schedule 18, and the Water Act 1989 (c. 15), section 190 and Schedule 25, paragraph 61.

1980 c. 66. There are amendments to the listed provisions that are not relevant to this Order.

1981 c. 56. There are amendments to paragraph 31 of Schedule 3 that are not relevant to this Order.

1986 c. 5. There are amendments to paragraph 4 of Schedule 12 that are not relevant to this Order.

1990 c. 8. Relevant amendments to section 264 were made by the Water Consolidation (Consequential Provisions) Act 1991 (c. 60), section 2, Schedule 1, paragraph 54; the Planning and Compulsory Purchase Act 2004, section 40(2)(k).

1991 c. 56.

1991 c. 52. There is an amendment to section 1 that is not relevant to this Order.

1991 c. 57.

Section 66 was amended by the Water Act 2003 (c. 37), sections 14(3)(d) and 101; Schedule 7, Part 1, paragraphs 1 and 7, and Schedule 9, Part 3, and by the Environment Act 1995, Schedule 22, paragraph 128.

Section 130 was amended by the Environment Act 1995, Schedule 22, paragraph 128.

1992 c. 42.

1995 c. 25. There are amendments to section 48 that are not relevant to this Order.

1996 c. 61.

Paragraph 11 of Part 6 was amended by S.I. 1997/2971, Schedule, paragraph 37.

2000 c. 36.

2003 c. 17.

There are amendments to section 13 that are not relevant to this Order.

There are amendments to section 69 that are not relevant to this Order.

2005 c. 19.

2006 c. 16.

2008 c. 18.

2010 c. 29.

Section 55 comes into force on a date to be appointed, but has been prospectively repealed by section 119(4) of the Police Reform and Social Responsibility Act 2011 (c. 13), which comes into force on a date to be appointed.

2010 c. 17.

Section 119 comes into force on a date to be appointed. When in force, section 119(4) will repeal section 55 of the Crime and Security Act 2010.

2011 c. 13.

2000 asp 7.

2002 asp 11. Paragraph 20A (Bòrd na Gàidhlig) was inserted by the Gaelic Language (Scotland) Act 2005 (asp 7), schedule 2, paragraph 2. There are other amendments that are not relevant to this Order.

2002 asp 13. Paragraph 61A (Bòrd na Gàidhlig) was inserted by the Gaelic Language (Scotland) Act 2005 (asp 7), schedule 2, paragraph 3. There are other amendments that are not relevant to this Order.

2010 asp 8.

2011 asp 12.

S.I. 1970/1152, to which there are amendments not relevant to this Order.

S.I. 1982/9.

S.I. 1986/2092.

1985 c. 68.

S.I. 1992/1703.

S.I. 1993/1119 as amended by the Inland Waterways Advisory Council (Abolition) Order 2012 (S.I. 2012/1658).

S.I. 1999/1319. There are amendments to the Schedule that are not relevant to this Order.

S.I. 2006/3223.

S.I. 2007/1819.

Subsections (3A)-(3D) are inserted by paragraph 15(5) of Schedule 2 to this Order.

Art. 1 in force at 2.7.2012, see art. 1(2)

Art. 2 in force at 2.7.2012, see art. 1(2)

Art. 3 in force at 2.7.2012, see art. 1(2)

Art. 4 in force at 2.7.2012, see art. 1(2)

Art. 5 in force at 2.7.2012, see art. 1(2)

Art. 6 in force at 2.7.2012, see art. 1(2)

Art. 7 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 1 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 2 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 3 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 4 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 5 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 6 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 7 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 8 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 9 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 10 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 11 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 12 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 13 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 14 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 15 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 16 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 17 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 18 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 19 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 20 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 21 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 22 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 23 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 24 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 25 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 26 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 27 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 28 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 29 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 30 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 31 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 32 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 33 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 34 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 35 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 36 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 37 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 38 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 39 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 40 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 41 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 42 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 43 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 44 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 45 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 46 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 47 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 48 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 49 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 50 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 51 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 52 in force at 2.7.2012, see art. 1(2)

Sch. 2 para. 53 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 1 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 2 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 3 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 4 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 5 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 6 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 7 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 8 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 9 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 10 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 11 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 12 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 13 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 14 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 15 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 16 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 17 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 18 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 19 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 20 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 21 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 22 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 23 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 24 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 25 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 26 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 27 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 28 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 29 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 30 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 31 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 32 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 33 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 35 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 36 in force at 2.7.2012, see art. 1(2)

Sch. 4 para. 1 in force at 2.7.2012, see art. 1(2)

Sch. 4 para. 2 in force at 2.7.2012, see art. 1(2)

Sch. 4 para. 3 in force at 2.7.2012, see art. 1(2)

Sch. 4 para. 4 in force at 2.7.2012, see art. 1(2)

Sch. 1 in force at 2.7.2012, see art. 1(2)

Sch. 3 para. 34 revoked (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 3 Pt. 2 (with reg. 5)