The Law

Where it is written

Overstay charges: BW asks “WILL people pay?”

Wednesday, May 30th, 2012

BW’s Boating Projects report for May 2011 shows that BW is unsure whether people will pay overstaying charges. When Head of Boating Sally Ash reported on the progress of BW’s trial of “Extended stay charging” on the visitor moorings at Thrupp, she wrote: “Pertinent questions: WILL people pay? Are they more likely to pay if we offer pay-by-mobile”. This uncertainty demonstrates that the entire system of overstaying charges is nothing more than smoke and mirrors.

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Parliamentary Committee recommends CRT must consult boat dwellers

Saturday, May 26th, 2012

The Secondary Legislation Scrutiny Committee has recommended “that the Canal and River Trust demonstrates that it has taken into consideration the specific needs of all stakeholders, including itinerant boat dwellers, in the development of all future byelaws”.

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BW to take enforcement action against all boats travelling less than 30km

Friday, May 25th, 2012

BW’s internal Licensing and Enforcement management reports between June 2011 and March 2012 show that BW has set a target for “all boats not moving at least 30km during their contract period to be within enforcement process “. The reports were obtained by a Freedom of Information request.

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Wiltshire Council traveller strategy includes boaters

Sunday, May 20th, 2012

Wiltshire Council appears to be leading the way amongst local authorities in including “Bargee Travellers” in its Gypsy and Traveller Strategy.

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BW target to seize 100 boats a year

Monday, May 7th, 2012

Documents provided in response to a Freedom of Information request show that in 2010-2011 BW had a target of seizing 100 “non compliant” boats per year. Monthly reports to management by the BW Enforcement Team in April, May, June, August and October 2010 also show that BW under-estimated the cost of seizing boats, which was around 3,700 per boat, mainly to pay lifting contractors, and as a result was likely to miss its target and only seize 75 in the year to March 2011, despite recouping some of the costs by selling seized boats.

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Canal and River Trust registered but still time to lobby MPs about BW Transfer Order

Tuesday, May 1st, 2012

On 27th March, the House of Lords Merits of Statutory Instruments Committee decided to trigger the “super affirmative” procedure for the BW Transfer Order. This means that the time for consideration by Parliamentary Committees is 60 days (normally it is 40) and it must be approved by both Houses of Parliament following a debate in each. The 60 days ends on 24 May 2012 and the debates will take place sometime after 30 May. Seven days notice of the debates will be given and this will be posted on www.parliament.uk. This means that there is still some more time to lobby MPs and Lords about the Transfer Order, up to the start of June. Please write to your MP.

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Lords cross-examine BW directors

Tuesday, May 1st, 2012

Five liveaboard boaters attended the House of Lords Merits of Statutory Instruments Committee on 24 April, to observe Robin Evans, the BW Chief Executive; Nigel Johnson, BW’s Legal Director, and Waterways Minister Richard Benyon MP being cross-examined by the Committee about the Draft British Waterways (Transfer of Functions) Order 2012. The boaters observing included Frank Kelly, who stood for election to the Canal and River Trust Council, and Nick Brown, Legal Officer of the National Bargee Travellers Association (NBTA), who sent this report:

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Write to your MP now about BW Transfer Order!

Friday, March 16th, 2012

The draft Order to transfer British Waterways to the Canal and River Trust has been published and is currently being scrutinised by two Parliamentary Committees. It will also be debated in both the House of Commons and House of Lords. Despite many boaters lobbying and submitting evidence when the Public Bodies Bill (now an Act of Parliament) was being drafted, the issue of British Waterways was not discussed at all in the House of Commons committee on the Bill. The subject of the transfer order is BW alone, so it is vital that we take the opportunity to raise all the issues about the risks of homelessness to boat dwellers (both with and without permanent moorings) that arise from the transfer of BW to charity status. The deadline for submissions to the Committees is this Monday 19th March so  write to them now!

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Oxford boaters under threat

Saturday, March 3rd, 2012

Boat dwellers in Oxford are under threat from a group called the Unlawfully Moored Boats Enforcement Group, made up of Oxford City Council, the Environment Agency, British Waterways and Thames Valley Police. Oxford City Council has just given this group £44,000.

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BW transfer order laid before Parliament

Thursday, March 1st, 2012

On 29 February the Government laid before Parliament the draft order under the Public Bodies Act 2011 to transfer the functions of British Waterways to the Canal and River Trust. A Freedom of Information request has confirmed that no application to register the Canal and River Trust as a charity has been made – so there’s still time to object to the Charity Commission.

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