The Inland Waterways Advisory Council (Abolition) Order 2012
Draft 2012, ISBN 9780111521038
Draft Order laid before Parliament under section 11 of the Public Bodies Act 2011, for approval by resolution of each House of Parliament after the expiry of the 40-day period referred to in section 11(4) of that Act.
Canals And Inland Waterways
Public Bodies
Made ***
Coming into force in accordance with article 1
The Secretary of State, in exercise of the powers conferred by sections 1(1), 6(1) and 35(2) of the Public Bodies Act 2011f1 (“the Act”), makes this Order.
In accordance with section 8 of the Act, the Secretary of State considers that this Order—
serves the purpose of improving the exercise of public functions, having had regard to the factors set out in section 8(1) of the Act; and
does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise.
The Secretary of State has carried out consultation in accordance with section 10 of the Act.
The Secretary of State has consulted the Scottish Ministers in accordance with section 88(2) of the Scotland Act 1998f2.
The Secretary of State has consulted the Welsh Ministers in accordance with section 63(1) of the Government of Wales Act 2006f3.
The Scottish Parliament has consented to the making of this Order in so far as its consent is required by section 9(1) of the Act.
A draft of this Order, and an explanatory document containing the information required by section 11(2) of the Act, have been laid before Parliament in accordance with section 11(1) after the end of the period of twelve weeks mentioned in section 11(3).
In accordance with section 11(4) of the Act, the draft of this Order has been approved by a resolution of each House of Parliament after the expiry of the 40-day period referred to in that provision.
Annotations to the whole text
Footnotes
- f1
- f2
- f3
Contents
- 1Citation and commencement
- 2Extent
- 3Abolition of the Inland Waterways Advisory Council
- 4Consequential amendment of the British Waterways Act 1995
- 5Repeals and revocations
- Signature
- Schedule Repeals and revocations
- Explanatory note
1Citation and commencement
This Order—
may be cited as the Inland Waterways Advisory Council (Abolition) Order 2012; and
comes into force on the day after the day on which it is made.
2Extent
The amendment made by article 4 and the repeals and revocations made by article 5 and the Schedule have the same extent as the provisions to which they relate.
3Abolition of the Inland Waterways Advisory Council
The body established by section 110 of the Transport Act 1968f1 is abolished.
4Consequential amendment of the British Waterways Act 1995
For paragraph 12 (standards appeal panel) of Part 2 of Schedule 2 to the British Waterways Act 1995f1 substitute—
“12.(1)In England and Wales there is to be a standards appeal panel for the purpose of determining appeals under paragraph 13 below consisting of two persons appointed by Canal & River Trustf2, and one by each of the following—
(a)the Inland Waterways Association;
(b)the Royal Yachting Association; and
(c)the British Marine Federation.
(2)In Scotland there is to be a standards appeal panel for the purpose of determining appeals under paragraph 13 below consisting of one person appointed by each of the following—
(a)the Board;
(b)the Royal Yachting Association; and
(c)the British Marine Federation”.
5Repeals and revocations
The provisions mentioned in the Schedule are repealed or revoked to the extent specified.
Signature
Name
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Date
Repeals and revocations
Table of repeals
Chapter | Short title | Extent of repeal |
|---|---|---|
| 1968 c. 73 | Transport Act 1968 | Sections 110 to 110Cf1. In Schedule 13– (a) paragraph 3(a)(ii) and the preceding “and”; (b) paragraph 3(b). |
| 1975 c. 24 | House of Commons Disqualification Act 1975 | In Schedule 1, Part 3, “Chairman of the Inland Waterways Advisory Council”f2. |
| 1983 c. ii | British Waterways Act 1983 | In Schedule 1, paragraph 1(c)f3 and the preceding “and”. |
| 1995 c. i | British Waterways Act 1995 | In Schedule 2, Part 2— (a) paragraph 6(c)f4; (b) in paragraph 7(1)(a), “the Inland Waterways Advisory Council, and to” and “other”; (c) in the tailpiece to paragraph 7(1), “the Inland Waterways Advisory Council and to”; (d) paragraph 8; (e) paragraph 9. |
| 2000 c. 36 | Freedom of Information Act 2000 | In Schedule 1, Part 6f5, “The Inland Waterways Advisory Council”. |
| 2006 c. 16 | Natural Environment and Rural Communities Act 2006 | Sections 73 to 77. Section 108(4). In Schedule 11, paragraph 175. |
Table of revocations
Instruments revokedf6 | References | Extent of revocation |
|---|---|---|
| The Transport and Works Applications (Inland Waterways Procedure) Regulations 1993 | S.I. 1993/1119 | In Schedule 1— (a) in the text substituted by paragraph 3(4), “the Inland Waterways Advisory Councilf7”; (b) in the text substituted by paragraph 3(5)— (i) sub-paragraph (a)(ii) and the preceding “and”; (ii) in sub-paragraph (b), “the said Council”. |
| The Scotland Act 1988 (Cross-Border Public Authorities) (Specification) Order 1999 | S.I. 1999/1319 | In the Schedule, the entry for “Inland Waterways Advisory Council”. |
| The Scotland Act 1988 (Cross-Border Authorities) (Adaptation of Functions etc) (No. 2) Order 2000 | S.I. 2000/3251 | Schedule 3. |
| The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 | S.I. 2006/1466 | In Schedule 5, in column (2) of the table, in entry 3, “the Inland Waterways Advisory Council,”. |
| The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007 | S.S.I 2007/570 | In Schedule 3, in column (2), in entry 4, “the Inland Waterways Advisory Council;”, and in entry 5, “Inland Waterways Advisory Council; the”. |
Explanatory note
(This note is not part of the Order)
This instrument abolishes the Inland Waterways Advisory Council.
It also makes consequential amendments, including amendments to the membership of the standards appeal panels relating to the standards for construction and equipment of vessels.
An impact assessment has not been produced in respect of this Order, as it has no impact on the costs of business or the voluntary sector.