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CANALS AND INLAND NAVIGATION ACT (NORTHERN IRELAND) 1936 - SECT 7

Interpretation.

7.(1) In this Act, unless the context otherwise requires, the following
expressions have the meanings hereby assigned to them, that is to say:

"Act of Parliament" includes any provision of an Act of the Parliament of the
United Kingdom relating to a matter in respect of which the Parliament of
Northern Ireland has power to make laws:

"Canal" includes any navigation which has been made under, or upon which tolls
may be levied by authority of, any Act of Parliament, and also the wharves and
landing places of and belonging to such canal or navigation and used for the
purposes of public traffic:

"Canal company" includes any person, or body of persons, being the owner or
lessee of, or working, or entitled to charge tolls for the use of, any canal
constructed or carried on under the powers of any Act of Parliament:

Definition spent

(h). This Act may be cited as the Canals and Inland Navigation Act (Northern
Ireland), 1936.1. The Ministry may appoint a competent and impartial person as
inspector to hold an inquiry in relation to any application for a provisional
order and to report to the Ministry thereon.

2. The inquiry shall be held in public and any objector and any other person
who, in the opinion of the inspector, is affected by the application may
appear at the inquiry either in person or by counsel or solicitor.

3. The inspector shall have power

(a)by summons under his hand, to require to appear before him any persons
whomsoever and to examine them upon oath or otherwise touching any matter
relating to the purposes of the inquiry; and

(b)by any such summons to require any person being the owner of a
canal company in respect of which a provisional order is sought, or an officer
of, or acting under, such company, to produce before him any books or
documents which may, in connection with such company, be in the custody or
control of such person or officer touching any matter relating to the purposes
of the inquiry; and

(c)to examine, inspect and take copies of, or extracts from, any such books or
documents.

Any person who wilfully disobeys the summons of the inspector, or prevents the
inspector from examining, inspecting or taking copies of, or extracts from,
books or documents under this provision, or refuses to answer any questions
put to him by the inspector shall be guilty of an offence and liable on
summary conviction to a fine not exceeding five pounds for any such offence:

Provided that a person shall not be required to attend before the inspector in
obedience to any summons unless the reasonable expenses of his attendance have
been tendered to him.

4. Subject as aforesaid the inquiry and all proceedings preliminary and
incidental thereto shall be conducted in accordance with regulations to be
made by the Ministry.

5. The fee to be paid to the inspector shall be such as the Ministry may
direct.

Section 2.

© 1936 Crown Copyright

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