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RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 40

Byelaws of canal companies.

40.(1) Every canal company shall, before such date as the Board of Trade may
prescribe, forward to the Board of Trade true copies, certified in such manner
as the Board of Trade direct, of any byelaws or regulations of such company
which are in force at the commencement of this Act; and the byelaws of any
canal company, copies of which are not forwarded to the Board of Trade as
provided by this section, shall from and after the said date cease to have any
operation....

(2) A byelaw or regulation of any canal company hereafter to be made under any
power which has been, or which may hereafter be, conferred on any canal
company, shall not have any force or effect until two months after a true copy
of such byelaw or regulation, certified in such manner as the Board of Trade
direct, has been forwarded to the Board of Trade, unless the Board of Trade
before the expiration of such period have signified their approbation thereof.

(3) The Board of Trade may, at any time after any existing or future byelaws
or regulations of a canal company have been forwarded to them, notify to the
company their disallowance thereof, or of any of them, and in case such
byelaws or regulations are in force at the time of the disallowance, the time
at which the said byelaws or regulations shall cease to be in force. A byelaw
or regulation disallowed by the Board of Trade shall not after such
disallowance have any force or effect whatever, save (as regards any byelaw or
regulation which may be in force at the time of the disallowance thereof) in
so far as any penalty may have been then already incurred under the same.

(4) The Board of Trade may from time to time make, rescind, and vary such
regulations as they think fit with respect to the publication by canal
companies of their byelaws and regulations, and with respect to the
publication by canal companies of their intention to apply to the Board of
Trade for the allowance of any intended byelaws and regulations. Any
regulations so made which are for the time being in force, shall have effect
as if they had been enacted in this Act.

© 1888 Crown Copyright

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