BW has claimed that despite discussing “the possibility of introducing greater enforcement powers for BW as part of the new legislation” at its January 2011 Board meeting, it is not seeking extra enforcement powers through its amendment (99A) to the Public Bodies Bill (which will transfer BW to charity status). BW’s Legal Director Nigel Johnson reported back to BW’s May Board meeting that this would not be possible and the appropriate method of seeking change to BW’s enforcement powers was by an Order under the Transport and Works Act 1992 – in other words, a Statutory Instrument. To our knowledge, BW has not used the Transport and Works Act Order process in the past to gain additional powers. The only way to successfully object to a Transport and Works Act Order is to bring a Judicial Review. Public consultation is not obligatory.
Archive for July, 2011
The boaters’ questionnaire which we published and delivered to boats between Bath and the Long Pound at the end of May is now being collated and analysed. A boater who works in IT has volunteered to enter the data into a spreadsheet designed by another boater. Response forms were completed by over 100 people altogether.
The local mooring strategy process appears to be grinding to a halt. The ninth meeting of the steering group, which was to be held in Devizes on June 17th, was postponed because BW decided it would be better to hold it after June 23rd when national user groups were due to meet with BW to “discuss” changes to the Mooring Guidance for Continuous Cruisers following the BW v Davies judgement. If nothing else, this proves that the mooring strategy is designed specifically to target boats without moorings.
Please write to your MP NOW!! and ask him or her to vote against the British Waterways amendment to the Public Bodies Bill (amendment 99A). The Bill will be debated in the House of Commons on 12th July. Please ask your family and friends to write to their MPs as well.