General Canal Byelaws 1965

Oliver Forest made this Freedom of Information request to Canal & River Trust

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Canal & River Trust.

Dear Canal & River Trust,

Byelaw 30 of the 'General Canal Byelaws 1965' states that:

'30. No vessel on any canal shall without the permission of the Board
be used as a club, shop, store, workshop, dwelling or houseboat.

Please could you provide any information you hold relating to the latter two of these? (i.e. dwelling or houseboat)

More specifically, I'd like to know whether this requirement has ever been enforced since it was made, and to see any documentation, information or internal correspondence relating to the decision to waive this requirement.

Thanks in anticipation,

Yours faithfully,

Oliver Forest

P Smith left an annotation ()

Research into the background to the British Waterways Act 1995 shows that the last prosecution was probably sometime in the early 1990s. Documents in the Parliamentary Archives suggest that the boat dweller prosecuted for using their boat as a dwelling without BW consent was housed by the local authority in Oxford as a result of the prosecution. It was around the time that the 1995 Act became law that BW stopped enforcing Byelaw 30. This was because of the extensive discussion of the situations and needs of boat dwellers during the Parliamentary process. The view was that Section 17(3)(c)(ii) of the British Waterways Act 1995 in part superseded Byelaw 30 because it was re-worded in comparison with BW's original proposed wording to protect boat dwellers from being made homeless, whilst balancing their needs with the needs of leisure and holiday boaters.

Oliver Forest left an annotation ()

Hi P.Smith - many thanks for your annotation, this is very useful, regards, Oliver

Information Request, Canal & River Trust

Dear Oliver Forest,

Request Reference: FOI 41/18

Thank you for your request for information regarding:

Byelaw 30 of the 'General Canal Byelaws 1965' states that:
'30. No vessel on any canal shall without the permission of the Board be used as a club, shop, store, workshop, dwelling or houseboat.

Please could you provide any information you hold relating to the latter two of these? (i.e. dwelling or houseboat)
More specifically, I'd like to know whether this requirement has ever been enforced since it was made, and to see any documentation, information or internal correspondence relating to the decision to waive this requirement.

I can confirm this request was received on 11-Apr-18 and I am dealing with it in accordance with the Freedom of Information Act 2000. Under the terms of the Act you are entitled to a response within 20 working days of receipt.
If for any reason we are unable to meet this deadline we will keep you fully informed of the reasons for this and will tell you when you can expect a response.

In the meantime if you have any queries about this email, please do not hesitate to get in contact. Please remember to quote the reference number above in any future communications.

Many Thanks

Alex Czabaniuk
Student Placement – Governance, Audit & Risk
T 0113 2816823
E [email address]
W canalrivertrust.org.uk
Canal & River Trust, Fearns Wharf, Neptune Street, Leeds, LS9 8PB

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Dear Information Request,

I was expecting your reply to my Information Request - Ref: FOI 41/18 promptly, or in any event by yesterday - the 10th May 2018 - at the latest. This is because the 10th May was the legal deadline for your reply under s10(1) of the F.O.I Act 2000 (of 20 working days). Could you please ensure that you provide the information I have requested today, on the 11th May 2018? If for any reason this is not possible could you please explain why there has been a delay, and when I can expect to receive the information?

Yours sincerely,

Oliver Forest

Melissa Ashdown-Hoff, Canal & River Trust

 

Dear Mr Forest,

 

Thank you for contacting the Canal & River Trust with your request for
information. May I firstly apologise for the slight delay in responding to
your request for information.

 

You requested the following information:

 

Byelaw 30 of the 'General Canal Byelaws 1965' states that:

 

'30. No vessel on any canal shall without the permission of the Board be
used as a club, shop, store, workshop, dwelling or houseboat.

 

Please could you provide any information you hold relating to the latter
two of these? (i.e. dwelling or houseboat)

 

More specifically, I'd like to know whether this requirement has ever been
enforced since it was made, and to see any documentation, information or
internal correspondence relating to the  decision to waive this
requirement.

 

I have contacted relevant colleagues within the Trust and unfortunately we
are unable to search all of our files electronically as some are still in
paper format, in various archives and therefore to establish if we do or
do not hold any information relevant to your request we would need to
undertake a manual search of our various records. 

 

Under section 12 of the Freedom of Information Act we are not obliged to
comply with requests for information where we estimate that the cost of
complying with the request would exceed the appropriate limit.  We have
estimated that to determine if we hold any relevant information would 
take us over 18 staff hours and therefore the request exceeds the
appropriate limit of £450  (calculated at £25 per hour in accordance with
ICO guidance). You may wish to refine your request as this may bring it
under the appropriate limit.

 

I am sorry that we were not able to establish if we hold any data relevant
to you request, and I hope that you find the following brief explanation
on how the Trust exercises its statutory powers with regards to boat
licensing helpful, the Trust frequently uses its statutory s.8 and s.13
powers where a boat is unlicensed and/or doesn’t have a Boat Safety
Certificate and/or insurance because the only remedy under the byelaws is
a fine and so doesn’t address the underlying issues associated with the
boat where they may be unsafe and/or not have appropriate insurance, so we
need to be able to remove the boat if necessary. Such as situation may
apply where someone does not have our consent under byelaw 30.

 

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of this email and should be sent
by email to [1][email address] or by post to
Information Officer, Legal Department, Canal & River Trust, Canal & River
Trust, Fearns Wharf, Neptune Street, Leeds, LS9 8PB. Please remember to
quote the reference number above in any future communications. You are
also able to contact the Information Commissioner by telephoning 0303 123
1113 although please note they would usually expect you to have gone
through our internal review procedure before contacting them.

 

Many Thanks

 

 

Melissa Ashdown-Hoff

Information Officer – Legal and Governance Services

T 0113 284 5239; M 07484913020

E [2][email address]

W [3]canalrivertrust.org.uk

Canal & River Trust, Fearns Wharf, Neptune Street, Leeds, LS9 8PB

 

 

 

 

 

 

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