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Note: This consultation has now closed. A summary of responses, together with a draft Regulatory Reform Order, has now been published. The following material has been left in place for reference/archive purposes.
The Government proposes to amend British Waterways' statutory powers by means of an Order under the Regulatory Reform Act 2001, in order to enable British Waterways to implement the Water Grid Public Private Partnership. The proposed amendments will provide the necessary range of powers to enable the project to go ahead, ensuring the Water Grid PPP is able to develop a viable water services business based on the canal network. They relate to:
- extending the existing powers of British Waterways to sell untreated water to include the power to treat water and engage in other water services
- clarifying that limitations on the borrowing powers of British Waterways are not affected by borrowing by a joint venture company in which British Waterways has a minority interest, and is not a subsidiary.
Consultation Paper
Sections 5 (1) and (2) of the Regulatory Reform Act 2001 require the Minister to consult organizations appearing to him to be representative of interests to be affected substantially, and - where his proposals relate to the functions of one or more statutory bodies - to consult those bodies or organizations which appear to him to be representative of those bodies.
An Order should not remove any necessary protection from individuals or organizations, not should it prevent them from exercising existing rights or freedoms that they might reasonably expect to continue to exercise. Where an Order imposes a burden, it must be desirable. It must also strike a fair balance between the public interests and the interest of those who are affected by the burden being created, and the burden must be proportionate to the expected benefit.
The consultation paper (in Adobe Acrobat format, 740kb) sets out the background to the water grid PPP and the statutory changes being proposed, together with a response form (Annex G). See also this News Release.
Responses should be sent by 16 August 2002 to Miss P M Griffin, Zone 3/B5, Ashdown House, 123 Victoria Street, London SW1E 6DE (Tel: 0207 944 6597; Fax: 0207 944 5309; E-mail: pam.griffin@defra.gsi.gov.uk).
If it appears to the Minister, as a result of the consultation, appropriate to vary the whole or any part of his proposals, he will undertake such further consultation with respect to the variations as appears to him to be appropriate.
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Published 15 May 2002 / Updated 13 January 2003
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