Misinterpretation of the Acts
THE National Association of Boat Owners (NABO) has for many years been concerned over some of the ways in which British Waterways (and latterly the Canal and River Trust (CaRT) have interpreted the Acts of Parliament that govern the canal system, Mark Tizzard writes.
NABO has in the past—and again recently—obtained advice from both Counsel and its own legal advisor on the relevant Acts of Parliament. We made British Waterways aware of our opinion that it had exceeded its powers—but to little effect.
Richard Parry
Earlier this year we brought these concerns to the attention of CaRT Chief Executive Officer Richard Parry, and we have subsequently had meetings with both him and Jackie Lewis (Head of Legal Affairs), in which we shared with them the legal opinions we had received. Further dialogue is ongoing and, although it is clear that areas of disagreement remain, the discussions continue to be very constructive.
NABO has decided to publish the legal opinion it has obtained as a supplement to this month's NABO News, together with our comments and CaRT's response. This material is also available on our website at www.nabo.org.uk
Are made aware
NABO believes that with the increasing public discussions regarding enforcement, charges for overstaying, and the introduction of rules such as ‘no return within x days' it is appropriate that our members and the wider boating public are made aware of the legal position as we understand it. We intend to remain a ‘critical friend' of CaRT, and to be proactive in our dialogue.
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