Sue Burchett wrote: >> Steve Wood wrote: >> >>> Apparently this is not the case, though I also believed it to be so >>> until a thread on this list some months ago. A close reading of the >>> relevant act apparently implies that boats with moorings can stay >>> pretty much anywhere else for as long as they like. Whether by >>> accident or design is another matter. >> >> I've heard that argument before - that because the 1995 Act only >> talks about time-restrictions in the context of continuous cruisers, >> it does not impose any restrictions on other boats. That's true up >> to a point - it doesn't impose any *new* restrictions on non-cc >> boats. But the blanket restriction I referred to was in force long >> before the 1995 Act. I've known about it from the 1970s, and >> (assuming it had any legal force then, such as from the 1948, 1963 >> or 1967 Acts or regulation-making powers that might have been given >> to BW in any of them) have not heard of it being repealed. >> >> Mike Stevens >> nb Felis Catus III - currently at Enfield >> web-site www.mike-stevens.co.uk >> > Wouldn't the '95 act supercede the others? It definitely states > either / or. I have known BW managers leave boats alone that have > moorings but prefer to moor elsewhere.
I'm wrote my previous reply from memory, but I used to know the 1995 Act intimately as I was involved with a group campaigning against some clauses of it in Parliament. (We won the bit we were fighting hardest against and it was removed from the Bill before it became an Act). It certainly did not repeal the earlier Acts to any great extent, and certainly not any earlier provisions about mooring. What I don't know is whether there actually were any earlier provisions about mooringin the earlier Acts or whether they were introduced by BW in some other way. I've now Googled for the relevant clause of the 1995 Act, which is 17(3) : **************** (3) Notwithstanding anything in any enactment but subject to subsection (7) below, the Board may refuse a relevant consent in respect of any vessel unless- (a) the applicant for the relevant consent satisfies the Board that the vessel complies with the standards applicable to that vessel; (b) an insurance policy is in force in respect of the vessel and a copy of the policy, or evidence that it exists and is in force, has been produced to the Board; and (c) either- (i) the Board are satisfied that a mooring or other place where the vessel can reasonably be kept and may lawfully be left will be available for the vessel, whether on an inland waterway or elsewhere; or (ii) the applicant for the relevant consent satisfies the Board that the vessel to which the application relates will be used bona fide for navigation throughout the period for which the consent is valid without remaining continuously in any one place for more than 14 days or such longer period as is reasonable in the circumstances. *************** Notice that in (c)(i) nothing is said about moorings when cruising for boats with home moorings. The effect of this is that any earlier regulations about these were unchanged by the Act. Mike Stevens nb Felis Catus III - currently at Enfield. web-site www.mike-stevens.co.uk No man is an island. So is Man. ------------------------ Yahoo! Groups Sponsor --------------------~--> Something is new at Yahoo! Groups. Check out the enhanced email design. http://us.click.yahoo.com/SISQkA/gOaOAA/yQLSAA/ygtolB/TM --------------------------------------------------------------------~-> Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/canals-list/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
