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The British Waterways Board (Transfer of Functions) Order 2012

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Article 5(1)

SCHEDULE 4U.K.Transitional provisions

This schedule has no associated Explanatory Memorandum

InterpretationU.K.

1.  In this Schedule, “the relevant period” means the period commencing on 1st April 2011 and ending on 31st March 2012.

Commencement Information

I1Sch. 4 para. 1 in force at 2.7.2012, see art. 1(2)

Accounts and report for the period 1st April 2011 to 31st March 2012U.K.

2.—(1) Subsections (1)(b) to (4) of section 24 of the 1962 Act shall continue in force as they had effect immediately before the transfer date in relation to the accounts of the British Waterways Board for the relevant period.

(2) Subsections (8) and (8C) of section 27 of the 1962 Act shall continue in force as they had effect immediately before the transfer date in so far as they relate to the making of reports by the British Waterways Board on the exercise or performance of their functions, and on their policy and programme, in the relevant period.

Commencement Information

I2Sch. 4 para. 2 in force at 2.7.2012, see art. 1(2)

Transitional arrangements for the period 1st April 2012-31st March 2013U.K.

3.—(1) Before making any direction under section 24(3A) of the 1962 Act(1) relating to the preparation of the annual statement of accounts for the period ending on 31st March 2013, the Scottish Ministers must consult the Secretary of State.

(2) The British Waterways Board must, at or around the same time as they send the relevant statement and report to the Scottish Ministers under section 24(3C) of the 1962 Act, send a copy of the relevant statement and report to the Secretary of State.

(3) The Secretary of State must lay before Parliament a copy of the relevant statement and report sent to the Secretary of State under sub-paragraph (2).

(4) In this paragraph, “the relevant statement and report” means the statement of accounts prepared by the British Waterways Board under section 24(3A) of the 1962 Act for the period ending on 31st March 2013 and the report made by the Auditor General for Scotland on that statement.

Commencement Information

I3Sch. 4 para. 3 in force at 2.7.2012, see art. 1(2)

Obligations on Canal & River TrustU.K.

4.—(1) Canal & River Trust must provide the Secretary of State with such returns, accounts and other information with respect to the property and activities of the British Waterways Board during the relevant period and for the period commencing on 1st April 2012 and ending on the day before the transfer date, and the property and activities of any company which was the subsidiary of the Board during any such period, as the Secretary of State may from time to time require.

(2) Canal & River Trust must provide such assistance as the British Waterways Board may reasonably require for the purpose of enabling the Board to comply with the requirements of paragraph 2 or 3 or of section 24(3A) of the 1962 Act.

Commencement Information

I4Sch. 4 para. 4 in force at 2.7.2012, see art. 1(2)

(1)

Subsections (3A)-(3D) are inserted by paragraph 15(5) of Schedule 2 to this Order.

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