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The Campbeltown Harbour Revision Order 2011

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PART 1PRELIMINARY

Citation and commencement

1.—(1) This Order may be cited as the Campbeltown Harbour Revision Order 2011 and shall come into force on the day after the day on which it is made.

(2) The Campbeltown Burgh Acts 1846 to 1946, the Campbeltown (Ferry Terminal) Harbour Revision Order 1996 and this Order may be cited together as the Campbeltown Harbour Acts and Orders 1846 to 2011 (referred to in this Order as the “Harbour Acts and Orders”).

Interpretation

2.—(1) In this Order—

“the Council” means The Argyll and Bute Council;

“deposited plan” and “deposited sections” mean respectively the plan and sections bound together and signed in duplicate with reference to this Order and marked “Campbeltown Harbour Revision Order 2011 plan and sections”; one copy of which has been deposited with the Scottish Ministers at Victoria Quay, Edinburgh EH6 6QQ and one copy of which has been deposited at each of the offices of the Council at Kilmory, Lochgilphead, Argyll PA31 8RT and the Harbour Master’s Office, Old Quay, Campbeltown, Argyll PA28 6EF;

“existing pier” means the pier approximately 211 metres in length and 107 metres in width at its widest point, the mid-line of which extends north-east from Hall Street at point NR 72236 20256 to point NR 72388 20401, being the pier known as the New Quay;

“existing works” means the works constituting extensions to the existing pier, carried out by the Council in 2005, as described in article 5 (rights of navigation to be interfered with);

“harbour” means Campbeltown harbour as defined in section 38 of the Campbeltown Harbour and Burgh Act 1846(1);

“harbour undertaking” means the harbour undertaking of the Council at Campbeltown as defined in the Campbeltown Harbour Water and Gas Order Confirmation Act 1935 together with all works from time to time authorised and vested in the Council by the Harbour Acts and Orders and any other enactment;

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

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

“tidal work” means so much of any work or existing work as is on, under or over tidal waters or tidal lands below the level of high water; 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 6 (maintenance etc. of works) or article 7 (subsidiary works).

(2) All areas, directions, distances, lengths, widths and heights as stated in any description of works, powers or lands other than article 4 (power to deviate) shall be construed as if the words “or thereby” 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 Ordnance Survey National Grid Map reference points.

(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.

(1)

1846 c.ccclxiv; Section 38 of the Campbeltown Harbour and Burgh Act 1846 remains in force by virtue of section 4 of, and the First Schedule to, the Campbeltown Harbour and Burgh Act 1876 (c.clxvii).

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