The Newport (Isle of Wight) Harbour Revision Order 2021

PART 1 PRELIMINARY

Citation and commencement

1.—(1) This Order may be cited as the Newport (Isle of Wight) Harbour Revision Order 2021 and shall come into force on 10th March 2021.

(2) The Act of 1852, the Order of 1898, the Order of 1988 and this Order may be cited together as the Newport Harbour Provisions 1852 to 2021.

Interpretation

2.—(1) For the purposes of the Newport Harbour Provisions 1852 to 2021—

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

“the Act of 1852” means the River Medina Navigation Act 1852(2);

“the Order of 1898” means the River Medina Navigation Order 1898(3);

“the Order of 1968” means the Newport (Isle of Wight) Harbour Revision Order 1968(4);

“the Order of 1988” means the Newport (Isle of Wight) Harbour Revision Order 1988(5);

“the Council” means the Isle of Wight Council;

“the delineated limits” means the area defined in article 3(1)(a);

“general direction” means any direction given under article 4;

“harbour” means Newport Harbour as comprised within the harbour limits, including the harbour premises;

“harbour limits” means the limits of the harbour specified in article 3;

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

“harbour premises” means land adjacent to the delineated limits, or separated only by a road or other access, for the time being vested in, or occupied or administered by the Council as part of the harbour undertaking and occupied wholly or mainly for the purpose of activities there carried on; which may include docks, quays, piers, wharves, berths, locks, breakwaters, landing places, yards, roads, sheds, other buildings and all other works and conveniences, land and premises;

“harbour undertaking” means the undertaking of the Council authorised by the Newport Harbour Provisions 1852 to 2021;

“jet bike” means any personal watercraft propelled by a water-jet engine or other mechanical means of propulsion and steered either—

(a)

by means of a handlebar operated linkage system (with or without a rudder at the stern);

(b)

by the person or persons riding the craft using their body weight for the purpose; or

(c)

by a combination of the methods referred to respectively in (a) and (b) above;

“special direction” means any direction given under article 7;

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

“vessel” includes a ship, boat, raft, pontoon or water craft of any description and includes non-displacement craft, jet bike, seaplane and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily) and a hovercraft or any other amphibious vehicle used or capable of being used as a means of transportation, storage or access on or under the water; and

“works” means the carrying out of any activity involving construction or the alteration, renewal, extension, breaking up or demolition of any structure or vessel and any engineering, mining or other operations.

(1)

1847 c. 27.

(2)

1852 (15 & 16 Vict.) Cap. xxi.

(3)

1898 (61 & 62 Vict.) ch. cci. The River Medina Navigation Order 1898 is included in the Pier and Harbour Orders Confirmation (No.2) Act, 1898 in the Schedule of Orders. The Order is for amending the River Medina Navigation Act 1852 and for other purposes connected with the River Medina Navigation.

(4)

S.I. 1968/1084.

(5)

S.I. 1988/2304.