Paragraph 1 C1

England and Wales

(1)

Subject to the following provisions of this paragraph but without prejudice to the powers conferred by the following provisions of this Schedule, where it appears to the F1appropriate agency to be necessary or expedient to do so for the purposes of any of the functions specified in F2sub-paragraphs (i), (iii) and (v) of section 2(1)(a) of the 1995 Act, the appropriate agency may make byelaws—

(a)

prohibiting such inland waters as may be specified in the byelaws from being used for boating (whether with mechanically propelled boats or otherwise), swimming or other recreational purposes; or

(b)

regulating the way in which any inland waters so specified may be used for any of those purposes.

(2)

Byelaws made by the appropriate agency under this paragraph shall not apply to—

(a)

any tidal waters or any discrete waters;

(b)

any inland waters in relation to which functions are exercisable by a navigation authority, harbour authority or conservancy authority other than the appropriate agency; or

(c)

any reservoir belonging to, and operated by, a water undertaker.

(3)

Byelaws made in respect of any inland waters by virtue of this paragraph may—

(a)

include provision prohibiting the use of the inland waters by boats which are not for the time being registered with the appropriate agency in such manner as the byelaws may provide; and

(b)

authorise the appropriate agency to make reasonable charges in respect of the registration of boats in pursuance of the byelaws.

Annotations

Textual amendments

F1: Words in Sch. 25 para. 2 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 315(b) (with Sch. 7)
F2: Words in Sch. 25 para. 1(1) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 190 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications

C1: Sch. 25 para. 1 applied (with modifications) (15.8.2002) by S.I. 2002/1998, arts. 4, 32 (with art. 33)

Notes on Schedule 25

Textual amendments

F1: Words in Sch. 25 heading substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 315(b) (with Sch. 7)