The first meeting of the Local Mooring Strategy steering group for the western Kennet and Avon took place on 26 August in County Hall, Trowbridge. As you will see from the documents below which BW circulated before the meeting, most of the changes that BW want to make, that will have a big impact on our lives, will not be up for discussion in the local mooring strategy.
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Posts Tagged ‘Section 17’
BW say policy changes won’t be up for discussion in Local Mooring Strategy
Tuesday, August 31st, 2010BANES Council to employ boat checker
Tuesday, August 17th, 2010From correspondence below, obtained via Freedom of Information from Bath and NE Somerset Council, it looks like BW and BANES are paying jointly for an extra boat checker. This appears to be instigated partly by Councillor Ian Dewey of Bathampton, who has been a key mover in efforts to move liveaboard boaters off the canal.
The “concerns” expressed take no account of the fact that the Mooring Guidance for Continuous Cruisers is not a legal requirement and clearly states that it does not have the force of law. Unlike the 14-day rule in Section 17 of the British Waterways Act, BW does not have the legal power to enforce it. In one of the emails, David Lawrence, BANES Deputy Director for Heritage Services, says he does not think there is a problem. It is not clear whether this extra staff appointment is going ahead permanently, as the original contract seems to have been for this summer. However, we do wonder whether this is a good use of a cash-strapped Local Authority’s money, as responsibility for enforcement on the canal lies with BW.
The information in these emails seems to imply that BW is bypassing whatever the local mooring strategy would decide – this has gone ahead before the local mooring strategy inquiry panel has even started meeting.
The emails are here. Banes enforcement 1 Banes enforcement 2 Banes enforcement 3 Banes enforcement 4 Banes enforcement 5 Banes enforcement 6 Banes enforcement 7 Banes enforcement 8
The “Continuous Cruising Procedure” and CC3 letters
Thursday, May 27th, 2010A boater recently made a Freedom of Information request about the number of boats BW had either taken to court or removed following a CC3 letter. The CC3 is the letter which terminates the boat licence in what BW like to call the “Continuous cruising procedure”. The boater asked the following questions
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British Waterways Act 1995 Section 17 (4) and (5)
Thursday, October 1st, 2009In this section is given the procedure that British Waterways must follow if they wish to take away your licence (“withdrawing their consent”) – see section 17 (5) below
The important bit is that they must give you 28 days to “remedy the breach”
British Waterways Act 1995 Section 17
(4) If—
(a) (subject to subsection (6) below) the vessel does not comply with the standards applicable to the vessel on the date when the consent was granted; or
(b) an insurance policy is not in force in respect of the vessel; or
(c) either—
(i) (in the case of a vessel in respect of which a relevant consent is issued pursuant to subsection (3) (c) (i) above) it appears to the Board that a mooring or other place such as is referred to in subsection (3) (c) (i) above is not available for the vessel; or
(ii) (in the case of a vessel in respect of which a relevant consent is issued pursuant to subsection (3) (c) (ii) above) the vessel has not in fact been used bona fide for navigation in accordance with the said subsection (3) (c) (ii);
the Board may give notice requiring the holder of the relevant consent to remedy the default within such time as may be reasonable (not being less than 28 days).
(5) If the holder of the relevant consent does not comply with any notice served pursuant to subsection (4) above then the relevant consent shall determine on the date the notice expires.