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PART 1Preliminary

Citation and commencement

1.—(1) This Order may be cited as the Eyemouth Harbour Revision Order 2021 and comes into force on the day after the day on which it is made.

(2) The Eyemouth Harbour Orders, 1882 to 1961 and this Order may be cited together as the Eyemouth Harbour Orders 1882 to 2021.

Interpretation

2.  In this Order, except where the context otherwise requires—

“the 1847 Act” means the Harbours, Docks, and Piers Clauses Act 1847(1),

“the 1882 Order” means the Eyemouth Harbour Order 1882(2),

“the 1920 Order” means the Eyemouth Harbour Order 1920(3),

“the 1961 Order” means the Eyemouth Harbour Order 1961(4),

“the 1964 Act” means the Harbours Act 1964(5),

“the 1995 Act” means the Merchant Shipping Act 1995(6),

“the Commissioners of Northern Lighthouses” means the general lighthouse authority for Scotland, a body corporate constituted by section 193 of, and Schedule 8 to, the Merchant Shipping Act 1995(7),

“general direction” means a direction given under article 24,

“harbour” means the harbour at Eyemouth as comprised within the harbour limits,

“harbour limits” means the limits of the harbour as defined in article 12,

“harbour limits plan” means the plan signed in duplicate with reference to this Order and marked “The Eyemouth Harbour Revision Order 2021 Harbour Limits Plan” which is deposited at the offices of the Scottish Ministers at Victoria Quay, Edinburgh EH6 6QQ and at the offices of the Trustees at Harbour Office, Gunsgreen Basin, Eyemouth TD14 5SD,

“harbour master” means any person appointed as such by the Trustees and includes that person’s deputies and assistants and any person for the time being authorised by the Trustees to act, either generally or for a specific purpose, in the capacity of harbour master,

“level of high water” means the level of mean high water springs,

“master” in relation to a vessel means any person for the time being having or taking the command, charge or management of the vessel,

“the new constitution date” means [30 April 2021],

“special direction” means a direction given under article 26,

“the Trustees” means the Eyemouth Harbour Trustees,

“undertaking” means the harbour undertaking for the time being of the Trustees, and

“vessel” means a ship, boat, raft or watercraft of any description however propelled or moved and includes any thing constructed, adapted for or used to carry persons or goods by water or for floating on or being submerged in water (whether permanently or temporarily) and shall include but not be limited to a displacement craft, a personal water craft, a sea plane on the surface of the water, a hydrofoil vessel, a hovercraft, a vehicle used for jet skiing or any other amphibious vehicle.

(2)

Confirmed by Pier and Harbour Orders Confirmation (No. 2) Act 1882 c.lviii.

(3)

Confirmed by Pier and Harbour Orders Confirmation (No. 2) Act 1920 c.cxxi.

(4)

Confirmed by the Eyemouth Harbour Order Confirmation Act 1961 c.xxxii.

(7)

1995 c.21. Schedule 8 was amended by section 55 of the Scotland Act 2016 c.11.