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.