I believe Old Frank to be correct. For example, Murder remains as "Contrary to Common Law" because there's no need to change it. However, if it was felt that the stipulation requiring the victim to pass away within a year and a day of the crime was no longer appropriate, then a Statutory Instrument would be required to write the crime into the Statute Book.

A Statutory Instrument cannot exist until a Bill has gone through Parliament, but it could contain sections repealing the appropriate Common Law I'm pretty sure. After all, once upon a time all Law was Common Law. Acts of Parliament are a part of more modern civilisation. In some cases.

If that is so, then the question must be whether the Broads Bill contains the necessary elements to repeal or to override Common Law within the specific waterways.

Anyway, if the BA do manage to obtain the powers to direct they seek, they will need specific offences (failing to conform etc) and powers with which to deal with offenders.

Who will enforce them? Please don't say "the Rangers" or I'll burst with laughter.

My understanding, Peter, is that your ex Admiralty friend is correct.

There is a right of navigation on tidal waters thus the BA cannot stop you - now, the toll/licensing/BSS/insurance part gets interesting as if the BA cannot stop you, what is the toll etc. for? Of course, we all know that short term users must buy a licence, too - but what if all that is wrong?

I shall be meeting some folk in a few minutes, one of whom knows a solicitor with some maritime law experience and I'll ask him to pass this question on.

Would be wonderful if you have just opened a new can of worms for JP/BA to chew upon!