Scrabster (Inner Harbour Development) Harbour Revision Order 2000

PART I PRELIMINARY

Citation, commencement and extent

1.—(1) This Order may be cited as the Scrabster (Inner Harbour Development) HarbourRevision Order 1999 and shall come into force on 29th February 2000.

(2) The Scrabster Harbour Acts and Orders 1841 to 1998 and this Order may be cited together as the Scrabster Harbour Acts and Orders 1841 to 2000.

(3) This Order extends to Scotland only.

Interpretation

2.—(1) In this Order–

“Act of 1841” means the Act passed in the fourth and fifth years of the reign of Her Late Majesty Queen Victoria intituled “An Act for making and maintaining a Harbour at Scrabster Roads in the Bay of Thurso and County of Caithness, and Road thereto”(1);

“area of works” means the area within the limits of deviation, or any part of that area;

“deposited plan and sections” means the plan and sections prepared in duplicate and signed by a member of the Scottish Executive and marked “Plan and sections referred to in the Scrabster (Inner Harbour Development) Harbour Revision Order 2000” of which one is deposited with the Rural Affairs Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY and the other at the harbour office of the Trust;

“enactment” means any Act, whether general, local or personal and any order other than (including this Order) or other instrument made thereunder and any provision in any such Act, order or instrument and includes Acts of the Scottish Parliament and any order or instrument made thereunder;

“government department” includes any part of, or any member of the staff of the Scottish Administration which shall have the meaning defined in section 126 of the Scotland Act 1998(2);

“harbour” means the harbour of Scrabster as authorised by the Act of 1841, the Scrabster Harbour Order 1897(3) and the Scrabster Harbour Order 1989(4) together with the lands, buildings, works, plant, property and conveniences connected therewith or any part thereof as the case may be;

“harbour undertaking” means the undertaking of the Trustees in connection with the harbour;

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

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

“limits of deviation” means the limits of deviation shown on the deposited plan and sections;

“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;

“Trust” means Scrabster Harbour Trust as constituted and incorporated by the Act of 1841;

“Trustees” means the Trustees for the time being of the Trust;

“works” means the works authorised by article 3 (power to carry out works) of this Order or, as the case may require, any part thereof.

(2) All areas, directions, distances, lengths and widths as stated in any description of works, powers or lands other than article 4 (power to deviate) of this Order shall be construed as if the words “or thereabouts” were inserted after each such area, direction, distance, length and width and any reference in a description of works to a point shall be a reference to that point on the deposited plan.

(3) Any reference in this Order to a work identified by the number of such work, shall be construed as a reference to the work of the same number authorised by article 3 of his Order.

(1)

1841.c.1.

(2)

1998 c. 46.

(3)

1897 c. lxxx.

(4)

1989 c. v.