Mooring restrictions not legal

Published: Monday, 10 June 2013

THE fallout from the Canal & River Trust (CaRT) South East Visitor Moorings consultation continues, writes Allan Richards.

The National Association of Boat Owners (NABO) state: 'There is no specific power for the introduction of the right of "no return" and we know that British Waterways was refused these powers in the build-up to the 1995 Act'. To date CaRT has failed to repudiate this statement.

Powers do not exist

A source within CaRT (who chooses not to be named) has suggested that it's legal powers with respect to the imposition of mooring restrictions and fines do not exist and that British Waterways attempted to gain these powers in the Bill which eventually became the 1995 Act.

If this source is correct, then CaRT's powers are significantly less than even NABO is suggesting!

Request the Bill!

The source has suggested that the veracity of her statement can be checked by requesting a copy of the Bill under the Freedom of Information Act. That was done three weeks ago but, despite two reminders, CaRT have yet to produce the document.

Would it be too much to ask Nigel Johnson (the 'legal director' who CaRT say they will not replace when he retires) to search his desk drawers and filing cabinet and produce a copy within the 20 days required by law.

.... that is, if he can take time out from CaRT's libel action against a boater for 'unauthorised mockery' of the Trust's logo!