Can CaRT interpret the law as it wants?
FOLLOWING a meeting with CaRT's Head of Enforcement, Simon Salem, I've been wondering what would happen if we all took it upon ourselves to change any part of a law not to our expectations, as Simon Salem claims CaRT has the absolute right to have done? Writes Pam Pickett.
Can amend as sees fit
To clarify, during my meeting with Simon, the subject of CaRT's ‘Guidance for Boaters Without a Home Mooring' (that is beginning to spill over to all) was discussed, with Simon claiming that CaRT has the right to amend/interpret the 1995 Waterways Act in any way it sees fit. That furthermore CaRT certainly does not require legislation for its ‘re-interpretation' of those original rules contained in the 1995 Act that were previously laid down in law.
With this I mind, and having advised Simon Salem that I would fight CaRT all the way on this point, I am questioning not only the legality of the Trust's ‘Guidance for Boaters Without a Home Mooring', but also the validity of its actions in carrying out enforcement where the terms of the 1995 Waterways Act conflict with the terms of CaRT's that Guidance'. To this end I have forwarded the following specifically worded Freedom of Information request to the Trust, in response to which an equally specifically worded reply is required.
FoI request
1. Please provide the document(s) that sets out the basis in law for the
Guidance for Boaters Without a Home Mooring published by British Waterways
in October 2011.
2. Please provide the document(s) that sets out the basis in law for the
difference between Section 17(3)(c)(ii) of the British Waterways Act 1995
and the Guidance for Boaters Without a Home Mooring.
3. Please provide the document(s) that sets out the status of the case
British Waterways v Davies (Bristol County Court 2011) as a legal
precedent and the status of the case as Case Law.
4. Please provide the document(s) that sets out the basis in law for CRT's
legal entitlement to remove a fully compliant boater with a home mooring
from its waters.
[This as been brought about by the stealth introduction of 'ghost moorers'—boaters now being treated as 'continuous cruisers' when they are away from their home moorings. See Ghost moorers]