The Margate Pier (Turner Centre) Order 2005

Interpretation

2.—(1) In this Order—

“the Act of 1961” means the Land Compensation Act 1961(1);

“the Act of 1965” means the Compulsory Purchase Act 1965(2);

“the Applications Rules” means the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000;

“authorised works” means the scheduled works and any other works authorised by this Order;

“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;

“the construction limits” means the limits of construction activity as shown on the land plan;

“the Council” means the Kent County Council;

“the deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;

“the harbour” means the harbour of Margate in the County of Kent as described in article 2 (interpretation) of the Margate Pier and Harbour Order 1992(3);

“the harbour master” means the harbour master for the harbour;

“the land plan” means the plan certified by the Secretary of State as the land plan for the purposes of this Order;

“the limits of deviation” in relation to a work, means the limits of deviation related to that work which are shown on the works plan;

“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;

“the Order limits” means the limits of deviation and the temporary limits;

“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;

“the scheduled works” means the works specified in Schedule 1 to this Order;

“the stone pier” means the Stone Pier at the harbour;

“the temporary limits” means—

(a)

the limits of land to be used temporarily as shown on the land plan, described in the book of reference and specified in columns (1) and (2) of Schedule 3 to this Order; and

(b)

the construction limits;

“tidal work” means so much of any authorised work as is on, under or over tidal waters or tidal land below the level of mean high water springs;

“tribunal” means the Lands Tribunal;

“Trinity House” means the Corporation of Trinity House of Deptford Strond; and

“the works plan” means the plan described in rule 12(1)(a) of the Applications Rules prepared in connection with the application for this Order certified by the Secretary of State as the works plan for the purposes of this Order.

(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.

(3) All directions, distances and dimensions stated in any description of works or powers shall be construed as if the words “or thereabouts” were inserted after each such reference.

(4) Any references in this Order to a work identified by the number or number and letter of the work shall be construed as a reference to the work of that number or number and letter authorised by this Order.

(1)

1961 c. 33.

(2)

1965 c. 56.

(3)

S.I. 1993/1313.