(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2“Act” means an Act of Parliament or an Act of the Scottish Parliament;]
“the Boards” means F3. . . F4. . . the British Waterways Board [F5and includes F6. . ., the Scottish Transport Group and any subsidiary within the meaning of the M1Transport Act 1968 of any of those Boards or of that . . . F6 Group;]
[F7“bridleway”, in relation to England and Wales, has the same meaning as in the Highways Act 1980 and, in relation to Scotland, has the same meaning as in Part III of the Countryside (Scotland) Act 1967;]
“charges” includes fares, rates, tolls and dues of every description;
“the Consolidated Fund” means the Consolidated Fund of the United Kingdom;
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“district board” has the same meaning as in the Salmon and Freshwater Fisheries (Protection) M2(Scotland) Act 1951;
“dock” means a dock used by sea-going ships;
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2“enactment” includes an Act of the Scottish Parliament or an instrument made under such an Act;]
“first local advertisement” means, in relation to the publication of a notice as respects a harbour or group of harbours, the first publication of the notice in a local newspaper circulating in the locality where the harbour or group is situate;
“fish” includes molluscs and crustaceans;
“fishery harbour” has the same meaning as in section 21 of the M3Sea Fish Industry Act 1951;
[F9“footpath”, in relation to England and Wales, has the same meaning as in the Highways Act 1980 and, in relation to Scotland, has the same meaning as in the Roads (Scotland) Act 1984;]
“functions” includes powers and duties;
“Gazette and local advertisement” means, in relation to an application, proposed order, order or scheme relating to a harbour or group of harbours, publication in the Gazette and, in each of two successive weeks, in one or more local newspapers circulating in the locality where the harbour or group is situate;
“the Gazette” means—
in relation to publication of a notice as respects a harbour or group of harbours in England or Wales, the London Gazette; and
in relation to the publication of a notice as respects a harbour or group of harbours in Scotland, the Edinburgh Gazette;
“goods” includes fish, livestock and animals of all descriptions;
“harbour”, except where used with reference to a local lighthouse authority, means any harbour, whether natural or artificial, and any port, haven, estuary, tidal or other river or inland waterway navigated by sea-going ships, and includes a dock, a wharf, and in Scotland a . . . F10boatslip being a marine work, and, where used with reference to such an authority, has the [F11same meaning as in the Merchant Shippping Act 1995]
“harbour authority” means any person in whom are vested under this Act, by another Act or by an order or other instrument (except a provisional order) made under another Act or by a provisional order powers or duties of improving, maintaining or managing a harbour;
“harbour empowerment order” has the meaning assigned to it by section 16(4) of this Act;
“harbour land” means land adjacent to a harbour and occupied wholly or mainly for the purposes of activities there carried on;
“harbour operations” means,—
the marking or lighting of a harbour or any part thereof;
the berthing or dry docking of a ship;
the warehousing, sorting, weighing or handling of goods on harbour land or at a wharf;
the movement of goods or passengers within the limits within which the person engaged in improving, maintaining or managing a harbour has jurisdiction or on harbour land;
in relation to a harbour (which expression for the purposes of this paragraph does not include a wharf)—
the towing, or moving of a ship which is in or is about to enter or has recently left the harbour;
the loading or unloading of goods, or embarking or disembarking of passengers, in or from a ship which is in the harbour or the approaches thereto;
the lighterage or handling of goods in the harbour; and
in relation to a wharf,—
the towing or moving of a ship to or from the wharf;
the loading or unloading of goods, or the embarking or disembarking of passengers, at the wharf in or from a ship;
“harbour revision order” has the meaning assigned to it by section 14(1) of this Act;
“harbour reorganisation scheme” has the meaning assigned to it by section 18(1) of this Act;
“improvement committee” has the meaning assigned to it by section 3(1) of the M4Land Drainage (Scotland) Act 1958;
“land” includes land covered by water;
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“lighthouse” has the [F11same meaning as in the Merchant Shipping Act1995]
“local lighthouse authority” means any person having by law or usage authority over local lighthouses, buoys or beacons;
“marine work” [F13means a harbour or boatslip in Scotland (other than a harbour or boatslip which is vested in any of the bodies specified in Schedule 3 to the M5Harbours, Piers and Ferries (Scotland) Act 1937 or which is vested in any of the Boards other than the Scottish Transport Group or a subsidiary within the meaning of [F14section 1159 of the Companies Act 2006] of that Group)];
which, in the opinion of the Secretary of State and the Minister, is principally used or required for the fishing industry, or
which, being situated in one of the following [F13areas, namely, the Highland Region, the islands areas of Orkney, Shetland and the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute] is, in the opinion of the Secretary of State and the Minister, principally used or required for the fishing or agricultural industries or the maintenance of communications between any place in those [F13areas] counties and any other place in Scotland;
“the Minister” means [F15the Secretary of State for Transport];
“owner”, in relation to any land, other than land in Scotland, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the land under a lease or agreement the unexpired term of which exceeds three years, and in relation to any land in Scotland—
unless the land is held on a long lease, means F16... the owner of the land;
if the land is held on a long lease, means the lessee under that lease; and
includes any other person who under the Lands Clauses Acts would be entitled to sell and convey or assign the land or the interest of lessee under such a long lease, as the case may be, to the promoters of an undertaking;
and “long lease” means a lease which has been, or is capable of being, recorded in the General Register of Sasines under the M6Registration of Leases (Scotland) Act 1857;
“plant or equipment” includes vessels;
“port”, where used with reference to a local lighthouse authority, includes place;
“provisional order” means an order confirmed by an Act, by the Board of Agriculture and Fisheries, the Minister of Agriculture and Fisheries or the Minister of Agriculture, Fisheries and Food in pursuance of section 2(3)(2) of the M7Fishery Harbours Act 1915 or by the Secretary of State in pursuance of section 5(5)(ii) of the M8Harbours, Piers and Ferries (Scotland) Act 1937;
[F17“restricted byway” has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000;]
[F18“river purification authority” has the meaning assigned to it by section 17 of the Rivers (Prevention of Pollution) (Scotland) Act 1951;]
“river works duties” means duties imposed by an Act to do things of the kinds authorised to be done in exercise of river works powers;
“river works powers” means powers conferred by [F19section 17 of the M9Land Drainage Act 1976] or corresponding provisions of a local Act [F20or under section 67 or by section 69 of the M10Water Resources Act 1963] or by an improvement order under section 1 of the M11Land Drainage (Scotland) Act 1958 or by section 13 as read with section 41 of the M12Salmon Fisheries (Scotland) Act 1868 F21... or by any local enactment relating to Scotland which confers powers corresponding to the powers conferred by an improvement order or which contains provisions corresponding to the provisions of the said Acts of 1868 F22...;
“ship”, where used as a noun, includes every description of vessel used in navigation, seaplanes on the surface of the water and [F23hovercraft within the meaning of the M13Hovercraft Act 1968];
“ship, passenger and goods dues” means, in relation to a harbour, charges (other than any exigible by virtue of section 29 of this Act) of any of the following kinds, namely,—
charges in respect of any ship for entering, using or leaving the harbour, including charges made on the ship in respect of marking or lighting the harbour;
charges for any passengers embarking or disembarking at the harbour (but not including charges in respect of any services rendered or facilities provided for them); and
charges in respect of goods brought into, taken out of, or carried through the harbour by ship (but not including charges in respect of work performed, services rendered or facilities provided in respect of goods so brought, taken or carried);
“statutory duties” means, in relation to a harbour authority, duties vested in them under this Act, by another Act or by an order or other instrument (except a provisional order) made under another Act or by a provisional order, other than river works duties;
“statutory powers” means, in relation to a harbour authority, powers vested in them under this Act, by another Act or by an order or other instrument (except a provisional order) made under another Act or by a provisional order, other than river works powers;
“statutory provision” means a provision, whether of a general or a special nature, contained in, or in a document made or issued under, this Act or any Act (whether of a general or of a special nature) other than this Act;
“wharf” means any wharf, quay, pier, jetty or other place at which sea-going ships can ship or unship goods or embark or disembark passengers.
(2)References in this Act to a harbour which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties shall be construed as references to a harbour which is being improved, maintained or managed by such an authority in the exercise of statutory powers, in the performance of statutory duties or in the exercise and performance of statutory powers and statutory duties, and cognate references shall be similarly construed.
(3)Any reference in this Act to a buoy or beacon shall be construed as including a reference to any other mark or sign of the sea.
(4)Any reference in this Act (elsewhere than in the foregoing provisions of this section or in section 39) to ship, passenger and goods dues shall be construed as including a reference to charges payable by persons using a ferry which is a marine work.
(5)Any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended by any other Act.
[F24(6)Any reference in this Act to Canal & River Trust shall be construed as including a reference to any company that is a subsidiary (within the meaning of the Companies Act 2006) of Canal & River Trust.]
Textual Amendments
F1Definitions repealed by Transport Act 1981 (c. 56), Sch. 12 Pt. II
F2Words in s. 57(1) inserted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(4), 30(4); S.S.I. 2007/516, art. 2
F3Words repealed by Transport Act 1981 (c. 56), Sch. 12 Pt. I
F4S. 57(1): words in the definition of “the Boards” repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3, Sch. 2 Pt. I
F5Words added by Transport Act 1968 (c. 73), Sch. 16 para. 8(1)(d)(i)
F6Words repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. III
F7Definition in s. 57(1) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 7(2); S.I. 1992/1347, art. 2, Sch. (subject as mentioned in art. 3)
F8Definition in s. 57(1) omitted (1.2.2000) by virtue of S.I. 1999/3445, reg. 15(3)
F9Definition in s. 57(1) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 7(3); S.I. 1992/1347, art. 2, Sch. (subject as mentioned in art. 3)
F10Words repealed by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 29
F11Words in definitions of “harbour” and “lighthouse” in s. 57(1) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para.33 (with s. 312(1))
F12Definition in s. 57(1) repealed (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt. II; S.I. 1992/1347, art. 2, Sch. (subject as mentioned in art. 3)
F13Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 19 para. 16
F14Words in s. 57(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 12(3) (with art. 10)
F15Words substituted by virtue of S.I. 1981/238, arts. 2(2), 3(4)
F16Words in s. 57(1) repealed (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2
F17Words in s. 57(1) inserted (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))
F18Definition of "river purification authority" in s. 57(1) ceases to have effect (S.) (1.4.1996) by virtue of S.I. 1996/973, reg. 2, Sch. para. 2(2)
F19Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)
F20Words repealed (E.W.) by Water Act 1989 (c. 15), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
F21Words in s. 57 omitted (S.) (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. IV para. 2(2)(a)
F22Words in s. 57 omitted (S.) (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), art. 1, Sch. Pt. IV para. 2(2)(b)
F23Words substituted by Hovercraft Act 1968 (c. 59), Sch. para. 5
F24S. 57(6) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 3 para. 2(6) (with arts. 4-6)
Modifications etc. (not altering text)
C1S. 57 extended by Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 3(1)
C2References to Minister and Secretary of State in definition of “marine work” to have effect as references to Secretary of State for the time being concerned with harbours generally and Secretary of State for Scotland: S.I. 1970/1681, Sch. 3 para. 11(1)
Marginal Citations