British Waterways Act 1995 Section 17 (4) and (5)

In this section is given the procedure that British Waterways must follow if they wish to take away your licence (“withdrawing their consent”) – see section 17 (5) below

The important bit is that they must give you 28 days to “remedy the breach”

British Waterways Act 1995 Section 17

(4) If—

(a) (subject to subsection (6) below) the vessel does not comply with the standards applicable to the vessel on the date when the consent was granted; or

(b) an insurance policy is not in force in respect of the vessel; or

(c) either—

(i) (in the case of a vessel in respect of which a relevant consent is issued pursuant to subsection (3) (c) (i) above) it appears to the Board that a mooring or other place such as is referred to in subsection (3) (c) (i) above is not available for the vessel; or

(ii) (in the case of a vessel in respect of which a relevant consent is issued pursuant to subsection (3) (c) (ii) above) the vessel has not in fact been used bona fide for navigation in accordance with the said subsection (3) (c) (ii);

the Board may give notice requiring the holder of the relevant consent to remedy the default within such time as may be reasonable (not being less than 28 days).

(5) If the holder of the relevant consent does not comply with any notice served pursuant to subsection (4) above then the relevant consent shall determine on the date the notice expires.

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One Response to “British Waterways Act 1995 Section 17 (4) and (5)”

  1. Paul Biddy MonsterID Icon Paul Biddy says:

    Yes. Section 17.4.c is an important key in this… ‘the Board may give notice requiring the licence holder to remedy any default within 28 days’. Therefore, the minimum period for mooring in any one place is NOT 14 days, but 14 days plus the required notice to move = 6 week + (or such longer periods as is reasonable in the circumstances – 17.3.c.ii). However, those who choose to move every 2 weeks are also complying with Law. For BW to evict boaters from a place after only 14 days is an unlawful breach of civil liberties. Afterall, Law is Law. Pass me the vodka please

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