The Law

Where it is written

Boaters’ group intervenes to get housing benefit re-instated for liveaboards

Thursday, August 9th, 2012

This week Wiltshire Council tried to close the Housing Benefit claims of a number of boaters who live on non-residential moorings. The Council officers in question were unaware of case law from 2006 that confirms that Housing Benefit is payable even when the claimant’s occupation of their home is unlawful or does not have planning permission for residential use.

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Discredited CRT Legal Director and Head of Boating booted and shrunk

Sunday, August 5th, 2012

The CRT Trustees decided recently that Nigel Johnson, the Legal and Corporate Services Director, will retire in 2014 because “We have decided that in the longer term the Trust does not require the expertise of a full time Legal Director”. His post will not be replaced. We have also learnt that Head of Boating Sally Ash has had responsibility for moorings shifted away from her, with her team being shrunk to cover policy on boating and mooring only.

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Petition: Security for towpath boat dwellers

Thursday, July 19th, 2012

Liveaboard boater Simon Greer has started an online petition for security for towpath boat dwellers. You can sign the petition here:

http://www.thepetitionsite.com/447/522/923/security-for-towpath-boat-dwellers/

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Council Tax update

Tuesday, July 17th, 2012

It is clear that moorings of all types are attracting the attention of cash-strapped councils. The position and advice, distilled and published by the RBOA and reported on this site in 2010 is being modified by the VOA (the Valuation Office Agency) as councils force case law judgement. It is clear that paying council tax is going to become a much more common component of mooring costs, whether levied through marinas passing on council imposed bills as is happening in Leicestershire or directly on CRT managed moorings.

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BW transfer becomes law with concession to itinerant boat dwellers

Tuesday, July 3rd, 2012

Both Houses of Parliament passed the BW Transfer Order on 27th June following debates on 25th and 26th June. In the debate in the Commons First Delegated Legislation Committee, Waterways Minister Richard Benyon announced that the Navigation Committee of the Canal and River Trust (CRT) “… will include at least one boater without a home mooring who understands and campaigns for the interests of itinerant live-aboard boaters.”

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MPs to consider BW Transfer Order on 26th June

Thursday, June 21st, 2012

The House of Commons First Delegated Legislation Committee will consider the Draft British Waterways Board (Transfer of Functions) Order 2012 on Tuesday 26th June. Please write to your MP now asking him or her to vote against the Order when it is returned to the floor of the House of Commons for a vote a few days after the Committee has considered it. An example letter is below.

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House of Lords to debate BW transfer on 25th June

Monday, June 18th, 2012

The House of Lords will debate the Draft British Waterways Board (Transfer of Functions) Order 2012 in the Grand Committee on Monday 25th June. Please write to as many Lords as you can before Monday asking them to vote against the Order. We have included an example letter below.

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Local Mooring Strategy consultation delayed

Wednesday, June 13th, 2012

The consultation on the Kennet and Avon Canal Local Mooring Strategy has been delayed by a month in order to accommodate BW’s consultation on changes to the terms and conditions of Houseboat Certificates. The Local Mooring Strategy consultation is now planned to run from the end of June until the end of October 2012.

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BW misleads boaters again over legality of guidance for continuous cruising

Friday, June 8th, 2012

On 23rd May, BW published a press release stating that the High Court had issued a judgement upholding the lawfulness of its Guidance for Boaters Without a Home Mooring. This is highly misleading; liveaboard boater Nick Brown is continuing his Judicial Review of BW’s Guidance.

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K&A water supply and drought contingency plans for summer 2012

Sunday, June 3rd, 2012

The possibility of navigation restrictions and stoppages is one of the reasons why Section 17 3 c ii of the 1995 British Waterways Act allows boaters without home moorings to stay longer than 14 days in one place if it is reasonable in the circumstances. So if you are trapped by maintenance stoppages or drought measures, don’t worry. Here is some information from BW about water resources, water supply and plans in the event of further drought, from the presentation at the Kennet and Avon Canal User Group meeting on May 3rd.

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