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Aside: what is the legal precedent for by-laws, such as the £25 fine for taking something you find? Is it a contract you enter into on the basis the trust owns
by alexchamberlain 8y ago
Aside: what is the legal precedent for by-laws, such as the £25 fine for taking something you find? Is it a contract you enter into on the basis the trust owns the land either side of the canal?
- dsfyu404ed 8y agoProbably just a leftover law from the days when taking something from the land without permission was considered stealing from the lord who's land it was. If the law is not a direct leftover the precedent certainly is.
- pm215 8y agoBy-laws in the UK are delegated legislation (see https://en.wikipedia.org/wiki/Byelaws_in_the_United_Kingdom https://en.wikipedia.org/wiki/Byelaws_in_the_United_Kingdom). Parliament makes a law which grants some other body the power to make byelaws (which then come into force subject to approval by a relevant government minister). In this case the British Waterways Board used powers granted it under the British Transport Commission Act, 1954 to make canal bye-laws: http://www.britishwaterways.co.uk/media/documents/foi/legal/BW_General_Canal_Bye-laws.pdf http://www.britishwaterways.co.uk/media/documents/foi/legal/... The BWB has subsequently been abolished with its powers (including the power to make and enforce byelaws) transferred to the Canal and Waterways Trust. Railway bye-laws operate similarly.