The Hinkley Point C (Nuclear Generating Station) Order 2013

Interpretation of Part 2

49.  In this Part—

“the 1845 Act” means the Bridgwater Navigation and Quays Act 1845(1);

“the 1847 Act” means the Harbours, Docks and Piers Clauses Act 1847(2);

“area of seaward construction activity” means the area of the sea within the Order limits shown on the works plan;

“Bridgwater Harbour Authority” means Sedgemoor District Council in its capacity under the 1845 Act as the harbour authority for the Port of Bridgwater;

“general direction” means a direction given by the undertaker under article 72 (general directions to vessels);

“harbour” means the harbour as comprised within the harbour limits to be constructed by the undertaker in pursuance of the powers conferred on it by this Order, and all other works, land, buildings, ancillary works, plant, property and conveniences connected with it, as from time to time existing within the harbour limits;

“harbour limits” means the limits of the harbour as specified in article 58;

“harbour master” means the person appointed as such by the undertaker and includes that person’s deputies and assistants and any other person for the time being authorised by the undertaker to act, either generally or for a specific purpose, in the capacity of harbour master;

“Harbour Master for the Port of Bridgwater” means the person appointed by Bridgwater Harbour Authority to carry out the functions of a water bailiff under section 50 of the 1845 Act and known as the Harbour Master for the Port of Bridgwater;

“the harbour undertaking” means the harbour undertaking of the undertaker as authorised from time to time;

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

“level of low water” means the level of mean low water neaps;

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

“ordnance datum” means the datum line or mean sea level to which all heights are referred in the Ordnance Survey;

“Port of Bridgwater” means the port known as the Port of Bridgwater comprised within the area defined as the Navigation in section 101 of the 1845 Act;

“special direction” means a direction given by the harbour master under article 73 (special directions to vessels);

“temporary jetty” means Work Nos. TJ1, TJ2 and TJ3;

“temporary jetty harbour empowerment order” means the Hinkley Point Harbour Empowerment Order 2012(3);

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

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

“vessel” means every description of vessel, however propelled or moved, and includes a non- displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water and which is at the time in, on or over water.

(1)

1845 c.1xxxix.

(2)

1847 c. 27. Sections 24, 94 and 95 were repealed by the Statute Law (Repeals) Act 1993 (c. 50); section 26 was repealed by section 56(4) of, and Schedule II to, the Courts Act 1971 (c. 23); section 28 was amended by section l4lof and Schedule 11 to, the Post Office Act 1969 (c. 48); sections 54, 67 and 98 were amended by section 46 of the Criminal Justice Act 1982 (c. 48); section 71 was amended by S.I 1987/37; section 91 was repealed by the Statute Law Revision Act 1894 (c. 56); section 93 was repealed by the Statute Law Revision Act 1875 (c. 66); and section 96 was repealed by the Perjury Act 1911 (c. 6), section 17. There are other amendments to the 1847 Act which are not relevant to this Order.

(3)

S.I. 2012/1914.