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RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 45

Abandonment of canal.

45.(1) Where, on the application of a canal company, it appears to the Board
of Trade that any canal or part of a canal belonging to the applicants
(herein-after referred to as an unnecessary canal) is at the time of making
the application unnecessary for the purposes of public navigation, or where,
on the application of any local authority, or of three or more owners of lands
adjoining or near to any canal or part of a canal, it appears to the Board of
Trade that that canal or part of a canal (herein-after referred to as a
derelict canal) has for at least three years previously to the making of the
application been disused for navigation, or, by reason of the default of the
proprietors thereof, has become unfit for navigation, or that the lands
adjoining or near thereto have suffered injury by water that has escaped from
the derelict canal, and that the proprietors of the derelict canal decline or
are unable to effect the repairs necessary to prevent further injury, the
Board of Trade may by warrant signed by their secretary authorise the
abandonment by the existing proprietors of such unnecessary canal or such
derelict canal, and after the granting of the warrant, and the due publication
as required by the Board of Trade of a notice of the granting thereof, the
Board of Trade may make an order releasing the canal company or other the
proprietors of the unnecessary or derelict canal from all liability to
maintain the same canal, and from all statutory and other obligations in
respect thereof, or of or consequent on the abandonment thereof.

(2) In the case of an unnecessary canal no warrant of abandonment shall be
granted unless the Board of Trade are satisfied

(a)That it is unnecessary for the purposes of public navigation;

(b)That the application has been expressly authorised by a resolution of a
majority of the shareholders of the canal company owning the canal present and
voting at an extraordinary or special general meeting of that company;

(c)That such public and other notices of the application have been given as
the Board of Trade may require;

Para.(d) rep. by 1930 c.10 (NI) s.1(d)

(3) In the case of a derelict canal the warrant may be granted on the
condition that the canal or any part thereof, with all or any of the powers
relating thereto, be transferred to any person, body of persons, or
local authority, and where any such condition is imposed the Board of Trade
may, if they think fit, frame and embody in a Provisional Order a scheme for
the management of the canal or any part thereof.

(4) The Provisional Order may provide for the constitution of a body to manage
the canal or any part thereof, for the transfer to that body or any
local authority of the canal or any part thereof, and of all or any of the
powers relating thereto, for the limitation or discharge of any liabilities
affecting the canal or the owners thereof for the time being, and for any
other matters which may appear to the Board of Trade to be necessary or proper
for carrying this section into effect.

(5) The Board of Trade may submit to Parliament for confirmation any
Provisional Order made by it in pursuance of this section, but any such order
shall be of no force unless and until it is confirmed by Act of Parliament.

(6) If while the Bill confirming any such order is pending in either House of
Parliament, a petition is presented against any order comprised therein, the
Bill, so far as it relates to the order, may be referred to a select
committee, and the petitioners shall be allowed to appear and oppose as in the
case of private Bills.

(7) In this section the expression "local authority" means any one of the
local authorities mentioned in section seven of this Act.

(8) For the purpose of giving effect to the provisions of this section, the
Board of Trade may require the applicants to furnish any evidence in their
possession or under their control relative to the application, and may at the
expense of the applicants appoint and send an officer to inspect the canal
referred to in the application, and to obtain information and evidence in the
neighbourhood thereof relative to the proposed abandonment, and may from time
to time make regulations as to the mode of making applications, and the nature
and mode of publication of notices, and generally as to the conduct of
proceedings.

© 1888 Crown Copyright

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