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The Whiteness Marina Harbour Revision Order 2008

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Interpretation

2.—(1) In this Order, except where the context otherwise requires–

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

“the Company” means Whiteness Marina Company Limited (Company No. 312873);

“deposited plans” and “deposited sections” mean respectively the plans and sections signed with reference to this Order and marked “Plans and sections referred to in the Whiteness Marina Harbour Revision Order 2008” of which two copies are deposited at the offices of the Scottish Ministers at Victoria Quay, Edinburgh EH6 6QQ, and one copy at the offices of the Company;

“government department” includes any part of or any member of the staff of the Scottish Administration which shall have the same meaning as in section 126(6) of the Scotland Act 1998(2);

“harbour master” means any person appointed as such pursuant to section 51 of the 1847 Act;

“land” includes buildings and other structures, land covered with water and any right or interest in or over land;

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

“limits of deviation” means the limits of deviation shown on the deposited plans;

“marina” means the marina limits;

“marina limits” means the limits of the marina as defined in article 17 (limits of marina);

“master” in relation to a vessel means any person for the time being having or taking the command, charge or management thereof;

“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;

“undertaking” means the marina undertaking of the Company as authorised by this Order;

“vessel” means a ship, boat, raft or water craft of any description however propelled or moved, and includes a jet-ski, a displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel or any other amphibious vehicle and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily); and

“works” means the works authorised by this Order, or as the case may require, any part thereof and includes any work constructed pursuant to article 4 (power to construct works) or article 6 (subsidiary works).

(2) All areas, directions, distances, lengths, widths and heights as stated in any description of works, powers or lands other than article 5 (power to deviate) shall be construed as if the words “or thereabouts” were inserted after each such area, direction, distance, length, width and height and any reference in a description of works to a point shall be a reference to that point on the deposited plans.

(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 that number authorised by this Order.

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