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The Inland Waterways Advisory Council (Abolition) Order 2012

S.I. 2012/1658 · Made 1 July 2012 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 2 July 2012.

Canals And Inland Waterways

Public Bodies

Made 1st July 2012

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—

(a)

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

(b)

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 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.

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 1988f2.

The Secretary of State has consulted the Welsh Ministers in accordance with section 63(1) of the Government of Wales Act 2006f3.

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(7) of the Act, the draft of this Order has been approved by a resolution of each House of Parliament after the expiry of the 60-day period referred to in that provision.

Annotations to the whole text

Footnotes

f1

2011 c. 24.

f2

1998 c. 46.

f3

2006 c. 32.

Contents

  1. 1Citation and commencement
  2. 2Extent
  3. 3Abolition of the Inland Waterways Advisory Council
  4. 4Consequential amendment of the British Waterways Act 1995
  5. 5Repeals and revocations
  6. Signature
  7. Schedule Repeals and revocations
  8. Explanatory note

1Citation and commencement

This Order—

(a)

may be cited as the Inland Waterways Advisory Council (Abolition) Order 2012; and

(b)

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 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

Richard Benyon

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

1st July 2012

Repeals and revocations

Table of repeals

ChapterShort titleExtent of repeal
1968 c. 73Transport Act 1968

Sections 110 to 110Cf1.

In Schedule 13–

  1. (a)

    paragraph 3(a)(ii) and the preceding “and”;

  2. (b)

    paragraph 3(b).

1975 c. 24House of Commons Disqualification Act 1975In Schedule 1, Part 3, “Chairman of the Inland Waterways Advisory Council”f2.
1983 c. iiBritish Waterways Act 1983In Schedule 1, paragraph 1(c)f3 and the preceding “and”.
1995 c. iBritish Waterways Act 1995

In Schedule 2, Part 2—

  1. (a)

    paragraph 6(c)f4;

  2. (b)

    in paragraph 7(1)(a), “the Inland Waterways Advisory Council, and to” and “other”;

  3. (c)

    in the tailpiece to paragraph 7(1), “the Inland Waterways Advisory Council and to”;

  4. (d)

    paragraph 8;

  5. (e)

    paragraph 9.

2000 c. 36Freedom of Information Act 2000In Schedule 1, Part 6f5, “The Inland Waterways Advisory Council”.
2006 c. 16Natural Environment and Rural Communities Act 2006

Sections 73 to 77.

Section 108(4).

In Schedule 11, paragraph 175.

Table of revocations

Instruments revokedf6ReferencesExtent of revocation
The Transport and Works Applications (Inland Waterways Procedure) Regulations 1993S.I. 1993/1119

In Schedule 1—

  1. (a)

    in paragraph 3(4), “the Inland Waterways Advisory Council”;

  2. (b)

    in the text substituted by paragraph 3(5)—

    1. (i)

      sub-paragraph (a)(ii) and the preceding “and”;

    2. (ii)

      in sub-paragraph (b), “the said Council”.

The Scotland Act 1988 (Cross-Border Public Authorities) (Specification) Order 1999S.I. 1999/1319In the Schedule, the entry for “Inland Waterways Advisory Council”.
The Scotland Act 1988 (Cross-Border Authorities) (Adaptation of Functions etc) (No. 2) Order 2000S.I. 2000/3251Schedule 3.
The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006S.I. 2006/1466In 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 2007S.S.I 2007/570In 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.