Part 12 E+W+SFinal provisions

GeneralE+W+S

235InterpretationE+W+S

(1)In this Act (except in Part 11)—

(2)A reference in this Act to a right over land includes a reference to a right to do, or to place and maintain, anything in, on or under land or in the air-space above its surface.

(3)Subsection (4) applies to the question of which parts of waters up to the seaward limits of the territorial sea—

(a)are adjacent to Wales (and, in consequence, are not adjacent to England), or

(b)are not adjacent to Wales (and, in consequence, are adjacent to England).

(4)The question is to be determined by reference to an order or Order in Council made under or by virtue of section 158(3) or (4) of the Government of Wales Act 2006 (c. 32) (apportionment of sea areas) if, or to the extent that, the order or Order in Council is expressed to apply—

(a)by virtue of this subsection, for the purposes of this Act, or

(b)if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.

(5)Subsection (6) applies to the question of which parts of waters up to the seaward limits of the territorial sea—

(a)are adjacent to Scotland (and, in consequence, are not adjacent to England), or

(b)are not adjacent to Scotland (and, in consequence, are adjacent to England).

(6)The question is to be determined by reference to an Order in Council made under section 126(2) of the Scotland Act 1998 (c. 46) if, or to the extent that, the Order in Council is expressed to apply—

(a)by virtue of this subsection, for the purposes of this Act, or

(b)if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.