09 May 2014
Dear Mr Fitzgibbons,
The initial response to your request for information explained why it was outside the scope of the Freedom of
Information Act.
On further review the position of Canal & River Trust continues to be that the information you requested is
not subject to the Freedom of Information Act. The reasoning is the same as in the initial response but is set
out below in fuller form.
1. Canal & River Trust is a charitable company limited by guarantee that is not owned or controlled by
any public body. Accordingly it is not a “publicly owned company” within the meaning of s.6 Freedom
of Information Act 2000. Furthermore, Canal & River is not a body listed in Schedule 1 of the 2000
Act on an unlimited basis (unlike public authorities) and is therefore not subject to the Freedom of
Information Act for the generality of its activities. That includes its general administration and
organisational management and the general conduct of its business. Thus in that context Canal &
River Trust is in the same position as other charities independent from government.
2. Canal & River Trust is however also a statutory undertaker and for a limited range of its activities it
derives its powers from statutory functions transferred to it from the British Waterways Board by the
British Waterways Board (Transfer of Functions) Order 2012. That Order only transferred a limited
range of the statutory functions formerly held by the British Waterways Board. These are described
in Article 2 of the 2012 Order and, so far as they derive from public legislation, are set out in
Schedule 1 to the Order. The generic constitutional, administrative and organisational management
functions of British Waterways that were derived from statute were not transferred to Canal & River
Trust1.
3. As explained in the initial response, it was the decision of government that, subject to any future
review of freedom of information legislation generally, Canal & River Trust should be treated by and
large in the same way as other charities as far as freedom of information legislation is concerned.
Thus for the generality of its activities Canal & River Trust is not subject to freedom of information
legislation.
4. Government did however decide that where Canal & River Trust exercised statutory functions
previously exercised by the British Waterways Board that were transferred to the Trust under the
2012 Transfer Order, information concerning the exercise of those functions should be subject to the
Freedom of Information Act 2000. Accordingly Article 2(3) and Schedule 3 of the 2012 Transfer
1 For example, the generic corporate powers conferred on the British Waterways Board by sections 1 and 10 to 14; and also the generic
reporting and accounting duties in sections 18 to 25 were not transferred to Canal & River Trust. Canal & River Trust derives its generic
corporate powers from its constitution as a company limited by guarantee and not from exercising statutory functions transferred to it
from the British Waterways Board.
Canal & River Trust First Floor North Station House 500 Elder Gate Milton Keynes MK9 1BB
T 0303 040 4040
E xxxxxxxx.xxxxxxxx@xxxxxxxxxxxxxxx.xxx.xx www.canalrivertrust.org.uk
Patron: H.R.H. The Prince of Wales. Canal & River Trust, a charitable company limited by guarantee registered in England and Wales
with company number 7807276 and registered charity number 1146792, registered office address First Floor North, Station House, 500
Elder Gate, Milton Keynes MK9 1BB
Order amended the Freedom of Information Act 2000 by inserting the following into Part 6 of
Schedule 1 of the 2000 Act:
“Canal & River Trust, in respect of information held by it relating to functions exercisable by it
by virtue of the British Waterways Board (Transfer of Functions) Order 2012 (S.I.
2012/1659).”
5. I reiterate that the functions exercisable by virtue of the Transfer Order are those described in Article
2 of the 2012 Order and set out in Schedule 1 to that Order. Those functions do not include the
administration and management of the organisation generally, this includes the details of any of
previous and future planned visits made by the various boater representatives. In that, Canal &
River Trust is no different to any other charity.
The above numbered paragraphs are the reasons why Canal & River Trust considers your request for
information is outside the scope of the Freedom of Information Act. However, and as I mentioned in my first
response, the contact details for the boating representatives are all listed on the Boaters' Update article you
refer to (http://canalrivertrust.org.uk/news-and-views/features/boaters-update#anch:future ) and you would
be welcome to ask each of them if they have any visits planned. Alternatively you could contact Damian
Kemp, our Boating Consultations and Communications Manager.
Yours sincerely,
Sarina Young
Customer Services Co-Ordinator
2