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STATUTORY INSTRUMENTS
1993 No. 1313
HARBOURS, DOCKS, PIERS AND FERRIES
The Margate Pier and Harbour Revision Order 1992
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Laid before Parliament
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18th June 1992
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Coming into force
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17th March 1993
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Whereas objections to the application for this Order have been duly made and not withdrawn and the Secretary of State for Transport is required, in accordance with the procedure prescibed in paragraph 4A of Schedule 3 to the Harbours Act 1964[1] to give notice of the making of this Order and its effect to the persons opposing the Order:
And whereas this Order shall come into force 28 days after the giving of such notice unless such persons within that period give notice to the Secretary of State that they maintain their opposition to the Order, and their opposition is not withdrawn within that period, in which case it shall come into force as such time as is prescribed by the Statutory Orders (Special Procedure) Act 1945[2]:
Now therefore the Secretary of State for Transport (being the appropriate Minister under section 14(7) of the Harbours Act 1964 for the purpose of making this Order), in exercise of the powers conferred by the said section 14 and now vested in him[3] and of all other powers enabling, him in that behalf, and on the application of the Company of Proprietors of Margate Pier and Harbour, hereby makes the following Order:—
PART I
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Margate Pier and Harbour Revision Order 1992.
Interpretation
2.—(1) In this Order unless the context otherwise requires—
"the Act of 1847" means the Harbours, Docks, and Piers Clauses Act 1847[4];
"authorised works" means the works authorised by this Order, or any part of such works;
"coast protection authority" has the meaning given by section 1 of the Coast Protection Act 1949[5];
"the Company" means Margate Pier and Harbour Company (1984) Limited;
"the deposited plan" and "the deposited sections" mean respectively the plan and sections prepared in duplicate, signed by an Assistant Secretary of the Department of Transport and marked "Revised plan and sections referred to in the Margate Pier and Harbour Revision Order 1992" one copy of which is deposited at the offices of the Department of Transport and the other at the registered office of the Company;
"the harbour" means the harbour of Margate in the county of Kent having the limits described in article 4 (Limits of harbour) of this Order and includes the land, buildings, works, plant, property and conveniences referred to in that article;
"the harbour map" means the map marked "Harbour map referred to in the Margate Pier and Harbour Revision Order 1992" signed in duplicate by an Assistant Secretary of the Department of Transport one copy of which is deposited at the offices of the Department of Transport and the other at the registered office of the Company;
"the harbour master" means the harbour master of the Company and includes his authorised deputies and assistants and any person authorised by the Company to act in that capacity;
"the level of high water" means the level of mean high-water springs;
"the limits of deviation" means the limits of deviation shown on the deposited plan;
"the statutory company" means the Company of Proprietors of the Margate Pier and Harbour;
"tidal works" means so much of any work authorised or vested in the Company by this Order as is on, under or over tidal waters or tidal lands and includes Margate Pier (otherwise known as the Iron Jetty) and other works so vested, being works authorised by any local enactment in force immediately before the coming into force of this Order;
"Trinity House" means the Corporation of Trinity House of Deptford Strond;
"the undertaking" means the undertaking of the statutory company as for the time being authorised by any enactment and includes works authorised by any enactment repealed by this Order;
"vessel" means every description of vessel, however propelled or moved, and includes hovercraft, any floating manufactured article, anything constructed or used to carry persons or goods by water, and, except for the purpose of levying rates, a seaplane on or in the water.
(2) This Order is to be read as if the words "or thereabouts" were inserted after each measurement mentioned in article 9 (Power to construct, etc., works) of this Order.
Incorporation of enactments
3.—(1) The Act of 1847 (except sections 6 to 22, 24 to 26, 31, 33, 37 to 42, 48 to 50, 66 to 68, 79 to 98 and 101), so far as applicable for the purposes of and not inconsistent with this Order, is incorporated with and forms part of this Order.
(2) In construing the provisions of the Act of 1847 as so incorporated—
"the special Act" means this Order;
"the harbour, dock or pier" means the harbour;
"the undertakers" means the Company;
"vessel" has the meaning given by article 2 (Interpretation) of this Order;
"rates" includes mooring rates and fees.
Limits of harbour
4. The limits of the harbour comprise the area shown coloured pink on the harbour map together with the land, buildings, works, plant, property and conveniences of the Company for the time being held by them in connection with the harbour.
Notes:
[1] 1964 c. 40; section 14 and Schedule 3 were amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2 to 4, 12 and 14. back
[2] 1945 c. 18, as amended by the Statutory Orders (Special Procedure) Act 1965 (c. 43). back
[3] See section 57(1) of the Harbours Act 1964 and S.I. 1981/238. back
[4] 1847 c. 27. back
[5] 1949 c. 74. back
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