The Able Marine Energy Park Development Consent Order 2014

Incorporation of the 1847 Act

3.—(1) With the exception of sections 6 to 23, 25, the proviso to section 28, section 31, the proviso to section 32, sections 35, 36, 38, 39, 42, 43, 45, 48 to 50, 53 to 55, 59 to 64, 66 to 69, 71 to 73, 76 and 79 to 90, 92, 97, 98 and 102, the 1847 Act is incorporated in this Order subject to the modifications stated in paragraph (2).

(2) In construing the 1847 Act as so incorporated—

(a) the expression “the special Act” means this Order;

(b) the expressions “the Promoters of the undertaking” and “the undertakers” mean the undertaker;

(c) the expression “the harbour, dock or pier” means the authorised development within the area of jurisdiction;

(d) the expressions “limits” and “prescribed limits” mean the area of jurisdiction;

(e) the expression “near the pier” does not extend beyond the area of jurisdiction;

(f) the expression “the harbour master”, in relation to the authorised development means the harbour master as defined in article 2(1) (interpretation);

(g) the definition of “vessel” in article 2(1) is to be substituted for the definition in section 3 (interpretations in this and the Special Act) of the 1847 Act; and

(h) any requirement to comply with a notice or direction given by the harbour master is to be construed as including a requirement that, in complying with such notice or direction, a person who is subject to the notice or direction must also comply with any relevant notice or direction given by AB Ports or the harbour master in the exercise by either or both of them of any function conferred by or under any enactment (including this Order).