The Port of Ardersier Harbour Revision Order 2014

Interpretation

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

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

“CEMD” means the Construction and Environmental Management Document approved by the Scottish Ministers pursuant to paragraph (1) of article 35, as may be modified from time to time with the approval of the Scottish Ministers;

“the Company” means Port of Ardersier Limited (company no. 296897), which is to be the harbour authority for the harbour in place of the Whiteness Marina Company Limited;

“deposited plans” and “deposited sections” means respectively the plans and sections signed with reference to this Order and marked ‘Plans and Sections referred to in the Port of Ardersier Harbour Revision Order 2014’ of which two copies are deposited at the offices of the Scottish Ministers at Victoria Quay, Edinburgh EH6 6QQ, and one copy at the offices of the Company;

“enactment” includes an Act of the Scottish Parliament and an instrument made under such an Act;

“general direction” means a direction given under article 22(1);

“government department” includes any part of or any member of the staff of the Scottish Administration, which shall have the same meaning as in section 126(6) of the Scotland Act 1998(2);

“harbour” means the Port of Ardersier as comprised within the harbour limits;

“harbour limits” means the limits of the harbour as defined in article 17;

“harbour master” means any person appointed pursuant to section 51 of the 1847 Act;

“land” includes buildings and other structures, land covered with water and any right or interest in or over land;

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

“limits of deviation” means the limits of deviation shown on the deposited plans;

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

“OEMD” means the Operational and Environmental Management Document approved by the Scottish Ministers pursuant to paragraph (2) of article 35, as may be modified from time to time with the approval of the Scottish Ministers;

“special direction” means a direction given under article 24(1);

“tidal works” means so much of any works authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;

“vessel” means a ship, boat, raft or water craft of any description however propelled or moved, and includes a jet-ski, a displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel or any other amphibious vehicle and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily); and

“works” means the works authorised by this Order, or as the case may require, any part thereof and includes any works constructed pursuant to article 4 or article 6.

(2) All areas, directions, distances, lengths, widths and heights as stated in any description of works, powers or lands other than article 5 shall be construed as if the words “or thereabouts” were inserted after each such area, direction, distance, length, width and height and any reference in a description of works to a point shall be a reference to that point on the deposited plans.

(3) Any reference in this Order to works identified by the number of such works shall be construed as a reference to the works of that number authorised by this Order.

(1)

1847 c.27.

(2)

1998 c.46.