The British Waterways Board (Forth and Clyde and Union Canals) (Reclassification) Order 2011

Made: 17th February 2011

Laid before the Scottish Parliament: 21st February 2011

Coming into force: 1st April 2011

They have complied with the requirements of paragraph5(1) of that Schedule[^f00003]. No objections to the proposed Order have been made.

Citation and commencement

1

This Order may be cited as the British Waterways Board (Forth and Clyde and Union Canals) (Reclassification) Order 2011 and comes into force on 1stApril 2011.

Reclassification of the Forth and Clyde and Union Canals

2

In PartII of Schedule12 to the Transport Act 1968 (cruising waterways)[^f00004]—

• (a) after the entry relating to the Erewash Canal insert—

The Forth and Clyde Canal.

; and

• (b) after the entry relating to the Trent Navigation insert—

The Union Canal.

Signed

KEITH BROWN — Authorised to sign by the Scottish Ministers — 17th February 2011

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Section104 of the Transport Act 1968 (“the Act”) provides for the inland waterways comprised in the undertaking of the British Waterways Board to be divided into commercial waterways and cruising waterways (specified in PartsI and II of Schedule12 to the Act) and the remainder (known as remainder waterways).

Section 104(3) of the Act enables the Scottish Ministers, by order, to add a remainder waterway to either PartI or II of Schedule12. This Order adds the Forth and Clyde Canal and the Union Canal (both being remainder waterways) to the list of cruising waterways specified in PartII of Schedule12.

Footnotes

[^f00001]: 1968 c.73; section104(3) was amended by S.I.2000/3251 (in terms of which (see paragraph3(18) of Schedule2 to that instrument) the function is exercisable by the Scottish Ministers in the case of a waterway in Scotland).

[^f00002]: Schedule13 was relevantly amended by the Natural Environment and Rural Communities Act 2006 (c.16), Schedule11, paragraph175 and S.I.2000/3251.

[^f00003]: Notices were placed in the Edinburgh Gazette, national and local newspapers, and on notice boards at various locations along the canals.

[^f00004]: Schedule12 was amended by S.I.1996/2552.