Article 26 Temporary interference with the Birmingham CanalI1

England and Wales

(1)

Without limitation on the scope of the powers conferred by article 6 (power to construct and maintain works), the Authority may in connection with the construction of Work No. 2—

(a)

temporarily interfere with the Birmingham Canal, by constructing or maintaining temporary works at any point within the Order limits as it considers necessary or expedient;

(b)

temporarily moor or anchor barges or other vessels or craft in the Birmingham Canal, load or unload into and from such barges, other vessels or craft equipment, machinery, soil and any other materials in connection with the construction of the authorised works; and

(c)

temporarily close the Birmingham Canal, or a part of it, to navigation.

(2)

The power conferred by paragraph (1)(c) may only be exercised in a way which secures—

(a)

that no more of the Birmingham Canal is closed to navigation at any time than is necessary in the circumstances; and

(b)

that, if complete closure of the Birmingham Canal to navigation becomes necessary, all reasonable steps are taken to secure that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use it.

(3)

Any person who, as a result of the exercise of the powers conferred by this article, suffers loss by reason of the interference with any private right of navigation is entitled to be paid compensation by the Authority to be determined, in case of dispute, under Part 1 of the 1961 Act.

Annotations

Commencement

I1: Art. 26 in force at 2.8.2016, see art. 1