If you were living on your boat on BW waterways on or before 25 October 1994, you may be protected from enforcement action by an Undertaking which BW made to Parliament during the passage of the 1995 British Waterways Act through Parliament.
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The Law
Where it is written
Benyon says sorry in writing for FOI blunder
Friday, October 28th, 2011We can bring you the full text of Waterways Minister Richard Benyon’s written statement of apology to the House of Commons for pre-empting the results of DEFRA’s second consultation on the new waterways charity, which includes the issue of whether the Canal and River Trust will be subject to FOI. Mr Benyon wrote:
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Waterways Minister apologises for wrong FOI answer
Wednesday, October 26th, 2011Waterways Minister Richard Benyon today apologised to MP Duncan Hames for giving him an incorrect answer to his question about whether the new Canal and River Trust would be subject to the Freedom of Information Act. The Minister had said that the charity would be subject to the FOI Act in the same way as BW is now.
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Waterways Minister says new waterways charity will be subject to FOI
Tuesday, October 25th, 2011In response to a question on 13 October from Duncan Hames, the MP for Chippenham, Waterways Minister Richard Benyon stated in the House of Commons that the new waterways charity would still be subject to the Freedom of Information Act.
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BW blocks FOI request about continuous cruising case law
Monday, October 17th, 2011BW claimed in its reply to the River Lea mooring plan consultation responses that it had case law to support its statement that its draconian proposals for mooring restrictions did not threaten boat dwellers’ human rights. Boater Simon Robbins made a Freedom of Information request to BW in September asking for copies of the relevant judgements. BW refused Simon’s FOI request. You can read the correspondence here.
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Legal wanderings down the bramble strewn pathways
Thursday, October 13th, 2011Christopher 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.
Example response to second consultation on BW charity
Tuesday, September 20th, 2011Here 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.
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14 Days or Such Longer Period as is Reasonable in the Circumstances
Monday, September 19th, 2011A 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.
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