Article 24 Power to make byelaws

(1)

The undertaker may make byelaws regulating the use and operation of the Canal, the maintenance of order on the Canal and on the undertaker’s property or other facilities provided in connection with the use of the Canal, the conduct of all persons while on the Canal and for preventing damage to the Canal.

(2)

Without prejudice to the generality of paragraph (1), byelaws under this article may—

(a)

contain provisions—

(i)

for prohibiting or restricting the use of the Canal either generally or in any manner specified in the byelaws by traffic of any description so specified;

(ii)

with respect to interference with, or obstruction of, the operation of the Canal or other facilities provided in connection with the Canal;

(iii)

which make different provisions for different parts of the Canal;

(iv)

for regulating the operation of the Canal;

(v)

for regulating the movement (including the speed) and use of vessels using the Canal;

(vi)

for regulating or prohibiting the mooring of vessels in the Canal;

(vii)

for authorising the registration of vessels using the Canal including making reasonable charges for such registration; and

(viii)

to exclude any person from the Canal.

(b)

may make different provisions for different parts of the Canal.

(3)

Byelaws made under this article may provide for it to be an offence for a person to contravene, or fail to comply with, a provision of the byelaws and for such a person to be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)

If the contravention of or failure to comply with any byelaw made under paragraph (3) is attended with danger or annoyance to the public, or hindrance to the undertaker in the operation of the Canal, the undertaker may summarily take action to obviate or remove the danger, annoyance or hindrance.

(5)

Action taken under paragraph (4) shall not prevent the undertaker from taking proceedings for an offence.

(6)

No byelaw made by the undertaker under this article shall have effect until confirmed by the Secretary of State.

(7)

At least 28 days before applying for any byelaws to be confirmed under paragraph (6), the undertaker shall publish in such manner as may be approved by the Secretary of State a notice of its intention to apply for the byelaws to be confirmed and of the place at which and the time during which a copy of the byelaws will be open to public inspection, and any person affected by any of the byelaws may make representations on them to the Secretary of State within a period specified in the notice, being a period of not less than 28 days from the publication of the notice.

(8)

For at least 24 days before an application is made for byelaws to be confirmed under paragraph (6), a copy of the byelaws shall be kept at the principal office of the undertaker and shall at all reasonable hours be open to public inspection without payment.

(9)

The undertaker shall, at the request of any person, supply him with a copy of any such byelaws on payment of such reasonable sum as the undertaker may determine.

(10)

The Secretary of State may refuse to confirm any byelaw submitted to her by the undertaker for confirmation under this article, or may confirm the byelaw either without or, if the undertaker consents, with modifications.

(11)

The Secretary of State may fix the date on which any byelaw confirmed under this article is to come into force.

(12)

If no date is so fixed, the byelaw shall come into force at the end of the period of 28 days beginning with the date of confirmation.

(13)

The Secretary of State may charge the undertaker such fees in respect of any byelaws submitted for confirmation under this article as she may consider appropriate for the purpose of defraying any administrative expenses incurred by her in connection therewith.

(14)

A copy of the byelaws when confirmed shall be printed and deposited at the principal office of the undertaker and shall at all reasonable hours be open to public inspection without payment, and the undertaker shall, at the request of any person, supply him with a copy of any such byelaws on payment of such reasonable sum as the undertaker shall determine.

(15)

The production of a printed copy of byelaws confirmed under paragraph (6), on which is endorsed a certificate purporting to be signed by a person duly authorised by the undertaker stating—

(a)

that the byelaws were made by the undertaker;

(b)

that the copy is a true copy of the byelaws;

(c)

that on a specified date the byelaws were confirmed by the Secretary of State; and

(d)

the date when the byelaws come or came into force,

shall be prima facie evidence of the facts stated in the certificate.