Section 115 Interpretation of Part VII.E1

England, Wales and Northern Ireland

(1)

In sections 105 and 112 of this Act—

(a)

references to any right of navigation over a waterway or canal include references to any right to use or keep any vessel or craft on the waterway or canal;

(b)

“the appropriate tribunal” means, as respects England and Wales, the F1Upper and, as respect Scotland, the Lands Tribunal for Scotland or, until sections 1 to 3 of the M1Lands Tribunal Act 1949 come into force as regards Scotland, an official arbiter appointed under Part I of the M2Land Compensation (Scotland) Act 1963;

and sections 3 and 5 of the said Act of 1963 shall apply, subject to any necessary modifications, in relation to the determination of any question under either of those sections by an arbiter so appointed.

(2)

Nothing in section 105 or in any order under section 112 of this Act shall be construed as abrogating any rights of navigation which subsist otherwise than by virtue of the enactments referred to in subsections (5) and (6) of the said section 105 or subsection (1) of the said section 112; and in those subsections references to rights conferred by an enactment do not include references to rights which are merely confirmed by it and which, if that enactment had not been passed, would subsist otherwise than by virtue of any such enactments as aforesaid.

(3)

In sections 109, 112, 113 and 114 of this Act, “local authority” means—

(a)

as respects England and Wales, the council of a county, F2 ... F3district or London borough, F4 ... and the Common Council of the City of London;

F5(b)

. . . . . . . . . . . . . . . . .

F6(4)

. . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Word in s. 115(1)(b) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 90 (with Sch. 5)
F2: Words repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30
F3: Word substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), s. 179(3)
F4: Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F5: S. 115(3)(b) omitted by virtue of Local Government (Scotland) Act 1973 (c. 65), Sch. 18 para. 19
F6: S. 115(4) repealed by Water Act 1973 (c. 37 SIF 130), Sch. 9

Marginal citations

M1: 1949 c. 42.
M2: 1963 c. 51.

Extent

E1: This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only