Steve Haywood wrote:
> Genuine question. Where is this written down? Where is any of what we pay
> for in our licence written down?

Well, first stop is the BW licence Ts & Cs, I guess, and the by-laws.

But, of course, BW might decide they want to add "thou shalt only navigate the 
waterways 
while wearing a pink frilly dress" to the Ts & Cs. That doesn't mean they 
necessarily have 
any legal right to insist on it.

The continuous cruising guidelines are the most famous example of this: BW says 
"you 
must do this", the CC lobbyists say "but that's not held up by the 1995 Act", 
BW says "well 
according to our dictionary it is", and so on ad infinitum. A whole chunk of 
the documents 
surrounding the latest BWAF-inspired surcharges deal with the question of 
whether the 
95 Act permits BW to charge more to continuous cruisers.

To find what BW has the legal rights to give its "customers", or to require 
from them, you 
have to look at the primary legislation - the BW Act 1995 and the Transport Act 
1968 are 
the major ones, of course, but there are zillions of others. (I believe the 
15th century River 
Lee Act is still at least partly in force.) Occasionally someone thinks they've 
found a 
loophole in one of the acts that allows them to do something BW don't permit - 
the 
Yardley Gobion 'Lord of the Manor' case is probably the best-known.

Richard

Reply via email to