BW recently released a draft summary of the Local Mooring Strategy proposals to the Steering Group and the representatives of unaffiliated boaters on the Group responded to these draft proposals this week. BW has asked for responses from Steering Group members prior to putting the finalised proposals out to consultation. Watch out for boaters’ meetings soon to make sure you have your say about it. BW’s summary of the proposals and the unaffiliated boaters’ response is below.
Trustees of the Canal and River Trust plan to register the new charity in November or December 2011. If you will be directly affected by this you have the right to object to the registration of the charity. Objections should be sent to the Charity Commission. The Bill that will allow BW to be transferred to a charity has passed through the Committee stage in Parliament without much change. Now is the time to object to it being registered with the Charity Commission.
A number of boaters have been served with enforcement letters in the last few months. This has mainly been on stretches of the canal above Devizes. Here is some advice about how to respond to them that we hope will be helpful. You can also download this briefing below as a 4-page leaflet.
A boat without a home mooring may stay for longer than 14 continuous days in one place if it is reasonable in the circumstances, according to the 1995 British Waterways Act. It is advisable to inform BW if you need to do this, and keep them updated of your circumstances and when you expect to leave.
DEFRA and BW have announced a second consultation on certain aspects of the order which will transfer BW to charity status. This will take place between 12th September and 24th October. In particular the consultation covers whether the new waterways charity should be subject to the Freedom of Information Act. Please respond to the consultation – there have been a lot of them recently but this is also important!
The Public Bodies Bill, which will transfer BW to charity status, will be considered by the Public Bill Committee in the House of Commons between 8 September and 13 October. The Committee will consider the Bill in detail and probably make more amendments. The Committee Chair is David Amess, the Conservative MP for Southend West.
Please write to your own MP as a matter of urgency asking him/ her to make sure that the British Waterways amendment (99A) is deleted from the Bill.
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.