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| 38. | Provision of information |
| (1) | This section applies to information which is held by or on behalf of the Authority (including information obtained by or on behalf of the Authority before the coming into force of this section) for the purposes of the following provisions of this Act— |
sections 11 to 15 (provisions as to safety of vessels, etc.);
sections 16 to 24 (other provisions as to vessels);
sections 25 to 32 (provisions as to water skiing and wake boarding, etc.);
section 40 (application of requirements of Public Health Acts Amendment Act 1907), and the provisions thereby applied to the Authority.
| (2) | Information to which this section applies may be supplied to a responsible authority for the purposes of facilitating the exercise of any functions of the Authority or of the responsible authority under any enactment. |
| (3) | Information to which this section applies may be supplied to any person who can show to the satisfaction of the Authority that he has a reasonable cause for wanting the particulars to be made available to him. |
| (4) | Information obtained by virtue of this section must not be further disclosed except to a responsible authority for the purposes mentioned in subsections (2) and (3). |
| (5) | In this section "responsible authority" means any of the following— |
| (a) | the chief officer of police for any police area in which the navigation area or any adjacent waters are situated; |
| (b) | the fire and rescue authority for any area in which the navigation area or any adjacent waters are situated; |
| (c) | the enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc. Act 1974 (c. 37) for any area in which the navigation area or any adjacent waters are situated; |
| (d) | the local planning authority within the meaning given by the Town and Country Planning Act 1990 (c. 8) for any area in which the navigation area or any adjacent waters are situated; |
| (e) | the local authority by which statutory functions are exercisable in any area in which the navigation area or any adjacent waters are situated in relation to minimising or preventing the risk of pollution of the environment or of harm to human health; |
| (f) | in relation to a vessel— |
| (i) | the Secretary of State; |
| (ii) | the Environment Agency; |
| (iii) | a harbour authority or a navigation authority; and |
| (iv) | the British Waterways Board. |
| (6) | For the purposes of this section, "statutory function" means a function conferred by or under any enactment. |
| 39. | Removal of vegetation, etc. |
| (1) | Where it appears to the Authority that any part (including the roots) of a hedge, tree or shrub— |
| (a) | overhangs or projects into, over or beneath the waters of the navigation area so as to endanger or cause significant obstruction to the passage of vessels, or |
| (b) | is dead, diseased, damaged or insecurely rooted, and that by reason of its condition it, or part of it, is likely to cause danger by falling on the waters of the navigation area, |
the Authority may, subject to subsection (3), lop or cut it so as to remove the cause of the danger or obstruction unless the owner or occupier removes the cause of the danger or obstruction within the period of the notice referred to in subsection (3).
| (2) | The Authority may enter the land where the hedge, tree or shrub is situated if it is not reasonably practicable to lop or cut it so as to remove the cause of the danger or obstruction without such entry. |
| (3) | Except in any emergency the Authority shall give not less than 14 days notice either to the owner of the hedge, tree or shrub or to the occupier of the land on which it is situated of its intention to exercise the powers of this section. |
| (4) | The notice referred to in subsection (3) shall specify the works which the owner or occupier must carry out in order to remove the cause of the danger or obstruction, and ensure that the Authority does not exercise its powers under subsection (1); and if all of those works are carried out within the notice period the Authority shall not exercise those powers. |
| (5) | The sections of the Public Health Act 1936 (c. 49) mentioned in Schedule 4 to this Act (other than so much of those sections as authorises a local authority to require the person served with a notice to carry out works) shall have effect as if references in those sections to that Act included references to this section and as if the Authority were a local authority. |
| 40. | Application of requirements of Public Health Acts Amendment Act 1907 |
| (1) | For the purposes of this section a relevant vessel is any vessel which is a pleasure boat or pleasure vessel for the purposes of section 94 of the 1907 Act. |
| (2) | Section 94 of the 1907 Act shall apply in respect of a relevant vessel in the navigation area or on adjacent waters as though there were substituted for the expression "the local authority" the expression "the Broads Authority". |
| 41. | Protection of Crown interests |
| (1) | No power conferred on the Authority by this Act may be exercised in any way likely to affect prejudicially any interest which— |
| (a) | belongs to Her Majesty in right of the Crown; or |
| (b) | belongs to any government department or is held in trust for Her Majesty for the purposes of a government department; |
unless the appropriate authority's consent to the proposed exercise of the power has been obtained by the Authority in writing.
| (2) | In giving any such consent the authority concerned may impose such terms and conditions as it considers appropriate. |
"the appropriate authority" means—
| (a) | in relation to an interest belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners; |
| (b) | in relation to any interest belonging to Her Majesty in right of the Crown but not forming part of the Crown Estate, the government department having the management of that interest; and |
| (c) | in relation to an interest belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, that department; and |
"interest" means any estate, interest or right in or over land.
| 42. | Transitional provisions, amendments, repeals and revocations |
| (1) | Schedule 5 contains transitional provisions. |
| (2) | Schedule 6 contains amendments to the 1988 Act. |
| (3) | Schedule 7 contains repeals and revocations. |
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