The Environment Agency (Inland Waterways) Order 2010
| Year | 2010 |
2010 No. 699
Transport And Works, England
Canals And Inland Waterways, England
The Environment Agency (Inland Waterways) Order 2010
Made 4th March 2010
Coming into force 6th April 2010
An application has been made to the Secretary of State in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 20001(“the Rules”) made under sections 6, 6A, 7(3)(b) and (c) and (4) and 10 of the Transport and Works Act 19922(“the Act”) for an Order under sections 3 and 5 of the Act;
The Secretary of State, in accordance with rule 24 of the Rules, has directed that the written representations procedure applied to all objections that had not been withdrawn;
The Secretary of State, in accordance with section 10(2) of the Act, taking into consideration the objections made and not withdrawn and additional representations made during the written representations procedure, has under section 13(1) of the Act determined to make an Order giving effect to the proposals comprised in the application with modifications which in the Secretary of State’s opinion do not make any substantial change in the proposals;
The Secretary of State is of the opinion that the primary object of this Order cannot be achieved by means of an order under the Harbours Act 19643;
In accordance with section 14(1) of the Act notice of the Secretary of State’s determination was given to the applicant and every person who made an objection and was published in the London Gazette on 5th March 2010;
Accordingly, the Secretary of State, in exercise of the powers conferred by sections 3 and 5 of, and paragraphs 1, 2, 4, 7, 8, 12, 13 and 16 of Schedule 1 to the Act, makes the following Order.
PART 1
PRELIMINARY
Citation and commencement
1.—(1) This Order may be cited as the Environment Agency (Inland Waterways) Order 2010.
(2) This Order comes into force on 6th April 2010.
Interpretation
2. In this Order—
“the Agency” means the Environment Agency;
“commercial vessel” means any vessel that is kept or used for any commercial purpose not being a non-charging vessel, and in this definition “non-charging vessel” means a vessel in respect of which neither the owner nor any operator receives any form of payment from any person for or in connection with any voyage or excursion other than as a contribution to the direct expense of operating the vessel during that voyage or excursion;
“master” in relation to a vessel means the person for the time being (whether lawfully or not) having command or charge of the vessel;
“notice” means notice in writing;
“officer”, except in article 21, means an officer or agent of the Agency duly authorised in writing by the Agency to exercise powers conferred by this Order;
“on” in relation to a vessel on the waterways includes in or upon the waterways, whether or not the vessel is floating;
“unincorporated association” does not include a partnership;
“vessel” includes every description of vessel with or without means of propulsion of any kind and includes anything constructed or used to carry persons, goods, plant or machinery, or to be propelled or moved, on, in or by water; and
“waterways” means unless the context otherwise requires any of the waterways described in article 3(2).
Application
3.—(1) The provisions of this Order apply to the waterways.
(2) The waterways are—
(a)
(a) the waterways for which the Agency is the navigation authority pursuant to the Anglian Water Authority Act 19774(Schedule 1 of which is set out, as amended by article 28 of this Order, in Schedule 1 of this Order);
(b)
(b) that part of the River Little Ouse between Brandon Staunch and Brandon Bridge;
(c)
(c) the Great Ouse Flood Relief Channel between the Head sluice lock at Denver and the Tail sluice at Saddlebrow;
(d)
(d) the Medway navigation, as defined in paragraph (a) of the definition of “the Medway navigation” in section 32 of the Southern Water Authority Act 19825;
(e)
(e) the Thames within the meaning of section 4 of the Thames Conservancy Act 19326.
PART 2
REGISTRATION OF VESSELS
Requirement for registration
4.—(1) An owner or master of a vessel must not keep, let for hire or use the vessel on the waterways unless—
(a)
(a) the vessel is registered with the Agency under article 5; and
(b)
(b) any requirement imposed by the Agency under article 8 when registering the vessel is complied with.
(2) Paragraph (1) does not apply in relation to a vessel if the vessel is exempted from its provisions by the Agency in accordance with paragraph (3).
(3) The Agency may exempt any vessel or class of vessel from the provisions of paragraph (1) if, having regard to all the circumstances, it considers that the application of those requirements is not justified in the interests of the regulation of the waterways.
Duty to register
5.—(1) Subject to the requirements of articles 6, 7 and 8, the Agency must register a vessel upon the receipt of an application for its registration.
(2) Registration will ordinarily be for a period of 1 year from such date following the application for registration as the Agency may determine for the registration in question but the Agency may also if it sees fit register any vessel for such shorter period as it may determine.
(3) When registering a vessel, the Agency must—
(a)
(a) assign a registration number to the vessel; and
(b)
(b) issue a registration certificate for the vessel.
(4) When registering a vessel, the Agency may also—
(a)
(a) assign a name or mark to the vessel unless the vessel is also registered under section 8 of the Merchant Shipping Act 19957; and
(b)
(b) issue a registration plate for the vessel.
(5) Any name assigned to a vessel on its registration is to be—
(a)
(a) the name of the vessel specified in the application for the vessel’s registration; or
(b)
(b) such alternative name as the applicant may propose and which is acceptable to the Agency if the Agency determines that it is necessary to assign a different name to the vessel in order to avoid any confusion as to the identity of the vessel or the possibility of causing offence to any person.
(6) The Agency may from time to time designate different categories of vessel either by reference to types, classes or sizes of vessel, or by reference to the use or location of vessels or by any combination of such means or other means for the purposes of any of the following requirements—
(a)
(a) registration under article 5;
(b)
(b) insurance under article 11;
(c)
(c) construction and equipment standards under article 12; and
(d)
(d) additional requirements for commercial vessels under article 15.
General requirements for registration
6. The requirements for registration of a vessel are—
(a) presentation to the Agency—
(i) in such manner as it may require of the particulars set out in Schedule 2;
(ii) of such additional information as the Agency may require respecting the characteristics and location of the vessel; and
(b) payment of the registration charge applicable under any enactment in respect of the registration of the vessel by the Agency.
Refusal and revocation of registration
7.—(1) The Agency may refuse to register a vessel if the requirements of article 6 have not been complied with or if the Agency has previously revoked the registration of the vessel under paragraph (3) or (4).
(2) The Agency may refuse to register a vessel if, having regard to the information supplied in accordance with article 6(a), it is not satisfied at the time when it determines the application that—
(a)
(a) there is in force a policy of insurance for the vessel which complies with the requirements of Schedule 3 where such a policy is required by article 11; and
(b)
(b) the vessel is constructed and equipped in accordance with such specification as may for the time being be prescribed by the Agency for such a vessel under article 12.
(3) Following receipt of any representation concerning a vessel (including any representation from an officer of the Agency), the Agency may refuse to register the vessel and it may revoke an existing registration of a vessel if, in its reasonable opinion and having regard to the representation, it is in the interest of safety.
(4) The Agency may revoke the registration of a vessel if it appears to it that—
(a)
(a) the basis upon which the vessel was registered was or has become incorrect in any material respect; and
(b)
(b) any requirements imposed in respect of the vessel under article 8 have not been complied with.
(5) The Agency must give notice to the owner, and, if different, the person who applied for registration, of a vessel of any refusal or revocation of registration in relation to it and in doing so must give its reasons.
(6) Before refusing or revoking a registration under paragraph (3) or (4) the Agency must provide the owner of the vessel with an opportunity to make oral or written representations.
(7) Subject to paragraph (8), an owner or another person with the owner’s consent may complain to a magistrates’ court under Part II of the Magistrates’ Court Act 19808against the refusal or revocation of a registration under paragraph (3) or (4) and, if the court decides that such refusal or revocation is unreasonable, the Agency must register the vessel without delay.
(8) The imposition of any requirement for insurance under article 11, or any question concerning the imposition of a standard or specification for a vessel under article 12, may not be the subject of complaint under paragraph (7).
Requirements in respect of registered vessels
8.—(1) The Agency may make it a requirement of the registration of a vessel under article 5 that any one or more of the following means of identification is displayed...
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