Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996

Interpretation

2 In this Order, except where the context otherwise requires—

• “apparatus” means—

  (a)

  in relation to a public gas supplier, mains, pipes and other apparatus belonging to or maintained by that supplier;

  (b)

  in relation to a water and sewerage undertaker, water mains and communication and supply pipes as defined in section 109 of the [1980 c. 45.] Water (Scotland) Act 1980 and public sewers as defined in section 59 of the [1968 c. 47.] Sewerage (Scotland) Act 1968;

  (c)

  in relation to a telecommunications operator, telecommunication apparatus as defined in paragraph 1(1) of Schedule 2 to the [1984 c. 12.] Telecommunications Act 1984, including such apparatus belonging to or used by British Telecommunications plc;

  (d)

  in relation to Scottish Power plc, an electric line as defined in section 64 of the [1989 c. 29.] Electricity Act 1989;

• “authorising agent” means the Royal Scottish Automobile Club;

• “authorised days” has the meaning given by section 3 (Authorised days) of this Order;

• “competition rules” shall mean the rules for the time being in force of the RAC Motor Sports Association Limited relative to motor rallies;

• “Chief Constable” means the Chief Officer of Lothian and Borders Police;

• “contravention” includes failure to comply;

• “the Council” means The Scottish Borders Council;

• “district” means the former local government area existing at 31st March 1996 known as the district of Berwickshire and shown delineated in red on the signed plan;

• “motor vehicle” has the meaning given by sections 185 and 186 of the [1988 c. 52.] Road Traffic Act 1988;

• “occupier” has the meaning given by section 151 of the Roads (Scotland) Act 1984;

• “owner” has the meaning given by section 151 of the [1984 c. 54.] Roads (Scotland) Act 1984;

• “premises” includes land and any interest in land or building thereon;

• “promoter” means the person primarily responsible for the organisation and arrangement of the rally in the district;

• “public road” means a road in the district which is a public road as defined in section 151 of the Roads (Scotland) Act 1984;

• “Railtrack” means Railtrack PLC, a public limited company registered under the [1985 c. 6.] Companies Act 1985 to which there was transferred on 1st April 1994, under a scheme made on 30th March 1994, pursuant to section 85(1) of the [1993 c. 43.] Railways Act 1993 and by direction of the Secretary of State pursuant to section 85(4) of that Act, that part of the undertaking of the British Railways Board which consisted of the management of the railway network in Great Britain and related property, rights and liabilities;

• “the rally” means the Jim Clark Memorial Rally, being a competition or trial of average speed consisting of one or more events;

• “rally route”, in respect of any year, means the route of the rally in so far as it—

  (a)

  is on public roads, and

  (b)

  has been approved by the Council in accordance with the provisions of section 4(3) of this Order;

• “signed plan” means the plan marked “Scottish Borders Council (Jim Clark Memorial Rally) Order 1996: Berwickshire District: Boundary at 31st March 1996” of which five copies have been signed by Gavin Douglas QC, Senior Counsel to the Secretary of State for the purposes of the [1936 c. 52.] Private Legislation Procedure (Scotland) Act 1936, one of which copies has been deposited with the sheriff clerk of the Duns sheriff court district, one in the office of the Clerk of the Parliaments, House of Lords, one in the Private Bill Office of the House of Commons, one in the Scottish Office, London, and one in the Office of the Secretary of State, Edinburgh;

• “statutory undertakers” means a public gas supplier, public water or sewerage undertaker, telecommunications operator or Scottish Power plc;

• “telecommunications operator” means the operator of a telecommunications code system; and “operator” and “telecommunications code system” have the respective meanings given by paragraph 1 of Schedule 4 to the [1984 c. 12.] Telecommunications Act 1984; and

• “traffic sign” has the meaning given by section 64 of the [1984 c. 27.] Road Traffic Regulation Act 1984.