Where it is written
Christopher Stoner make much use of a case Moore vs British Waterways Board to define their view of ‘bona-fide for navigation’.
We notice that this case is now in the process of appeal;
And so should add an interesting twist or two.
Here is an example response to the second DEFRA consultation on transferring BW to charity status. Despite complaints, the deadline is still 24th October. It’s always best to put responses in your own words, if possible. The example response contains an introductory statement, replies to the questions about England and Wales, and replies to the questions about Scotland. If you answer the questions about Scotland there’s a separate email address for the replies. Please take the time to respond if you can – it’s important that DEFRA is aware of our concerns.
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.
The Data Protection Act entitles individuals to see all the information that an organisation holds on them. This applies to all organisations, not just public sector bodies. To get this information, you need to write to the organisation and say you are making a Subject Access Request under the Data Protection Act for all the information the organisation holds on you. You will need to tell them your name, address and any other information that will prove who you are and help them locate the information, such as a customer number or boat name and registration number.
The Public Bodies Bill, which proposes to transfer BW to charity status, is being examined in detail by the Public Bill Committee in the House of Commons. A number of boaters and boating groups submitted written evidence to the Committee, including boaters on the K and A, Grand Union, London waterways and in the North West.
A boaters’ group has proposed that the transfer of British Waterways to charity status would be an ideal opportunity to put in place statutory protection for the homes of all boat dwellers in the UK. Currently there is no legal recognition of the homes of boat dwellers (a boat is a chattel in law) and no statutory protection from eviction.
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.
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.
You can find out who your MP is from
http://findyourmp.parliament.uk/ or http://www.writetothem.com/