Statutory Instrument 1996 No. 2552

The British Waterways Board (Sheffield and Tinsley Canal) (Reclassification) Order 1996

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© Crown Copyright 1996

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1996 No. 2552

CANALS AND INLAND WATERWAYS

The British Waterways Board (Sheffield and Tinsley Canal) (Reclassification) Order 1996

The Secretary of State, in exercise of powers conferred by section 104(3) of the Transport Act 1968^[1] which are now vested in him^[2], and after complying with the applicable requirements of Schedule 13 to that Act, hereby makes the following Order:

Citation and commencement
    1.    This Order may be cited as the British Waterways Board (Sheffield and Tinsley Canal) (Reclassification) Order 1996 and shall come into force on 6th November 1996.

Reclassification of the Sheffield and Tinsley Canal
    2.    In Part II of Schedule 12^[3] to the Transport Act 1968 (cruising waterways), after the entry relating to the Ripon Canal, there shall be inserted the following entry:—

"The Sheffield and Tinsley Canal from its commencement at the Sheffield Canal Basin to its junction with the Sheffield and South Yorkshire Navigation at the tail of the bottom lock at Tinsley."

Signed by authority of the Secretary of State

Robert Jones

Minister of State,
Department of the Environment

7th October 1996

Section 104 of the Transport Act 1968 provides for the inland waterways comprised in the undertaking of the British Waterways Board to be divided into commercial waterways and cruising waterways, which are specified in Parts I and II of Schedule 12 to that Act, and the remainder (known as remainder waterways). Section 105 of the Act imposes on the Board a duty to maintain the commercial waterways in a suitable condition for use by commercial freight-carrying vessels, and to maintain the cruising waterways in a suitable condition for use by cruising craft. Section 104(3) enables the Secretary of State by order to add to either of those Parts any inland waterway for the time being comprised in the undertaking of the Board which is not for the time being a commercial waterway or a cruising waterway.
This Order adds the Sheffield and Tinsley Canal (a remainder waterway) to the list of cruising waterways.

[1] 1968 c. 73. back

[2] See the definition of"the Minister" in section 159(1), and S.I. 1970/1681, to which there are amendments not relevant to this Order. back

[3] Certain waterways have been deemed to be included in the list of cruising waterways under section 11 of, and Schedule 2 to, the British Waterways Act 1983 (c. ii). back