The Saundersfoot Harbour Empowerment Order 2011

Interpretation

2.  In this Order unless the context otherwise requires—

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

“the 1964 Act” (“Deddf 1964”) means the Harbours Act 1964(2);

“the 1965 Act” (“Deddf 1965”) means the Compulsory Purchase Act 1965(3);

“the 1958 Order” (“Gorchymyn 1958”) means the Saundersfoot Harbour Order 1958(4);

“the advisory committee” (“y pwyllgor cynghori”) means the committee appointed under article 58(1);

“appointing body” (“corff sy'n penodi”) means any of the persons (namely the local authorities and the appointments panel) by whom Commissioners are appointed in accordance with article 5;

“the appointments panel” (“y panel penodiadau”) means the panel constituted under article 7;

“the approaches” (“y dynesfeydd”) means any seaward approaches to the harbour;

“the car park” (“y maes parcio”) means the area edged in broken green lines on the harbour map;

“the Commissioners” (“y Comisiynwyr”) means the Saundersfoot Harbour Commissioners constituted by this Order, and “Commissioner” (“Comisiynydd”) means one of them;

“the former Commissioners” (“y Comisiynwyr blaenorol”) means the Saundersfoot Harbour Commissioners who were constituted by the 1958 Order;

“the harbour” (“yr harbwr”) means the harbour of Saundersfoot as defined by article 22 and the land, buildings, works, plant, property and conveniences connected with it, or any part of it or them;

“harbour map” (“map o'r harbwr”) means the map set out at Schedule 5, dated 3 April 1958 and titled “Map of the Limits of Saundersfoot Harbour” (“Map o Derfynau Harbwr Saundersfoot”);

“the harbour master” (“yr harbwrfeistr”) includes the harbour master’s authorised deputies and assistants and any person authorised by the Commissioners to act in that capacity;

“the harbour revenues” (“refeniwiau'r harbwr”) means the rates, tolls, dues, rents and other monies and receipts which may be taken and received by way of income from or in respect of the undertaking under and by virtue of this Order;

“the index” (“y mynegai”) means—

(a)

the general index of retail prices (for all items) published by the Statistics Board, or

(b)

if that index is not published for a relevant month, any substituted index or index figures published by that Board;

“level of high water” (“lefel penllanw”) means the level of mean high-water spring tides;

“the local authorities” (“yr awdurdodau lleol”) means Pembrokeshire County Council and Saundersfoot Community Council;

“moorings” (“angorfeydd”) includes floating jetties, pontoons, buoys and like apparatus or facilities;

“new constitution date” (“dyddiad y cyfansoddiad newydd”) means the first day of the month beginning immediately following 3 months after the making of this Order;

“personal watercraft” (“dyfrfad personol”) means any watercraft (not being a structure which by reason of its concave shape provides buoyancy for the carriage of persons or goods) propelled by a jet engine or other mechanical means of propulsion and steered either by—

(a)

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

(b)

the person or persons riding the craft using his or her body weight for the purpose; or

(c)

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

“seaplane” (“awyren fôr”) includes a flying boat and any other aircraft designed to manoeuvre on the water;

“statutory undertaker” (“ymgymerydd statudol”) means—

(a)

any person who is a statutory undertaker for any of the purposes of the Town and Country Planning Act 1990(5);

(b)

any other person who exercises functions under the Land Drainage Act 1991(6);

(c)

a coast protection authority within the meaning of section 1 of the Coast Protection Act 1949(7);

“tidal work” (“gwaith llanwol”) means so much of any work as is on, under or over tidal waters or land below the level of high water;

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

“the undertaking” (“yr ymgymeriad”) means the undertaking of the Commissioners in connection with the harbour and includes the estates, rights and property conferred on or vested in the former Commissioners pursuant to the 1958 Order;

“the Welsh Ministers” (“Gweinidogion Cymru”) carries the same meaning as in the Government of Wales Act 2006(8);

“vessel” (“llong”) includes—

(a)

non-displacement craft;

(b)

personal watercraft;

(c)

seaplanes; and

(d)

any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily) and hovercraft or any other amphibious vehicle, used or capable of being used as a means of transportation on water; and

“the works” (“y gweithiau”) means the works that were vested in the former Commissioners under the 1958 Order.

(1)

1847 c. 27.

(2)

1964, c. 40.

(3)

1965 c. 56.

(4)

S.I. 1958 No. 886.

(5)

1990 c. 8.

(6)

1991 c. 59.

(7)

1949 c. 74.

(8)

2006 c. 32.