Posts Tagged ‘Waterways Act 1995’

BW release draft mooring strategy proposals

Saturday, February 11th, 2012

BW recently released a draft summary of the Local Mooring Strategy proposals to the Steering Group and the representatives of unaffiliated boaters on the Group responded to these draft proposals this week. BW has asked for responses from Steering Group members prior to putting the finalised proposals out to consultation. Watch out for boaters’ meetings soon to make sure you have your say about it. BW’s summary of the proposals and the unaffiliated boaters’ response is below.

Latest information on BW’s “CC Procedure”

Monday, January 30th, 2012

After a delay of around 15 months BW has finally coughed up some information about changes to its “continuous cruising” enforcement procedure.

Were you living on the canals on 25 October 1994 without a mooring?

Saturday, October 29th, 2011

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.

BW Chair says Local Mooring Strategy will not displace people

Sunday, October 23rd, 2011

The tenth meeting of the Local Mooring Strategy Steering Group took place on 11th October at Wiltshire Council offices, Chippenham. Brian has taken over from Kev as one of the representatives of unaffiliated boaters. The agenda was as follows: finalising maps; enforcement and defining neighbourhoods. K and A Manager Mark Stephens chaired the meeting in the absence of Project Manager Damian Kemp. Sally Ash, the original BW Chair, had already informed the group that her presence appeared to be “not conducive to progress”.

Legal challenge to revised mooring guidance expected

Tuesday, October 18th, 2011

A legal challenge to BW’s revised Mooring Guidance for Continuous Cruisers is expected after BW rejected a “letter before claim” from boater Nick Brown. It is likely that Mr Brown will issue Judicial Review proceedings on the grounds that the revised guidance is ultra vires, in other words BW does not have the legal power to enforce it, and that it does not reflect the meaning intended by Parliament of Section 17 3 c ii of the 1995 British Waterways Act.

Our take on BW’s revised Guidance

Friday, October 14th, 2011

BW’s revised Guidance for Boaters Without a Home Mooring follows a meeting with user groups on 23 June. BW has stated that there will be no further consultation or review of this guidance. Guidance for Boaters Without a Home Mooring differs from the draft revision published by BW in April following the judgement in the BW v Davies case.

14 Days or Such Longer Period as is Reasonable in the Circumstances

Monday, September 19th, 2011

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.

Policy and Law Reform Objectives for Boat Dwellers Proposed

Monday, August 22nd, 2011

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.

Honey Street boaters meeting minutes

Sunday, July 10th, 2011

Here are the minutes of the boaters’ meeting on 14 June 2011, held at The Barge Inn, Honey Street, and an outline of some information posters at the end, which can be copied and enlarged.

Deadline June 30th to respond to BW charity consultation!

Sunday, June 12th, 2011

The DEFRA consultation on moving BW to charity status ends on 30 June. Please respond giving your views on whether BW is fit to become a charity. The responses will be considered when the Ministerial Order for the Statutory Transfer of BW to a charity goes through Parliament. It’s extremely important that all the issues get onto the table in the DEFRA consultation as there won’t be another consultation.