1. This Order may be cited as the Lochboisdale and Gasay Port (Harbour Empowerment) Order 2016 and comes into force on the day following the day on which it is made.
2. In this Order—
“the 1847 Act” means the Harbours, Docks and Piers Clauses Act 1847(1);
“the Company” means Lochboisdale Development Limited, a Company incorporated in Scotland with registered number SC395179 and having its registered office at Oifis Storas Daliburgh, South Uist, Scotland, United Kingdom HS8 5SS;
“enactment” includes an Act of the Scottish Parliament and an instrument made under such an Act;
“General Direction” means a direction given under article 16;
“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(6) of the Scotland Act 1998(2);
“Harbour Master” means any person appointed as such by the Company, and includes that person’s deputies and assistants and any other person for the time being authorised by the Company to act, either generally or for a specific purpose, in the capacity of Harbour Master;
“Inner Harbour” means the harbour at Loch Boisdale, the limits of which are defined in the South Uist (Loch Boisdale and Loch Skipport) Piers Order 1878, as confirmed by the Pier and Harbour Orders Confirmation Act 1878;
“Inner Harbour Authority” means the Statutory Harbour Authority for the Inner Harbour;
“Level of High-Water” means the level of mean high-water springs;
“Master”, when used in connection with a Vessel, means any individual having command or charge of the Vessel;
“the Port” means the Lochboisdale and Gasay Port as comprised within the Port Limits and the Port Premises;
“Port Limits” means the limits of the Port as defined in article 4 (Limits of Port);
“Port Map” means the map referred to in article 4, two copies of which have been deposited at the offices of the Ministers at Victoria Quay, Edinburgh EH6 6QQ and one copy of which has been deposited at the registered office of the Company;
“Port Premises” means the existing quays, berths, landing places, and all other works, land and buildings within the Port Limits vested in or occupied or administered by the Company as part of the Port Undertaking;
“Port Undertaking” means the Port related business activities of the Company;
“Special Direction” means a direction given under article 18;
“Tidal Work” means so much of any work as is on, under or over tidal waters or tidal lands below the Level of High-Water including such works as are existing at the commencement of this Order; and
“Vessel” means a ship, boat, raft or water craft (including storage barges) of any description, however propelled or moved, and includes anything constructed or used to carry persons or goods by water and shall include but not be limited to a displacement craft, a personal waterjet craft intended for sports or leisure purposes, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily).
3.—(1) Sections 1 to 4, 27, 29, 32 to 41, 43 to 46, 51, 52, 54 to 59, 63 to 65 and 69 of the 1847 Act are incorporated with this Order subject to the modifications stated in paragraphs (2) to (6).
(2) Sections 54 and 55 shall have effect subject to the modification that, for the words from “be liable to” to the end of the section, there are substituted the words “be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale”.
(3) Section 56 shall be read as if the word “wreck” shall not include a vessel which is sunk, stranded or abandoned.
(4) Section 59 shall have effect subject to the modification that, for the words from “be liable to” to the end of the section, there are substituted the words “be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale”.
(5) Section 63 (penalty on vessels lying near the entrance of harbour or dock without permission) shall have effect subject to the modification that, for the words from “be liable to” to the end of the section, there are substituted the words “be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale”.
(6) Section 65 (harbour master may remove vessel for purpose of repairing harbour or dock if the master neglects or refuses to do so) shall have effect subject to the omission of the words from “Provided always” to the end of the section.
(7) In construing the provisions of the 1847 Act as incorporated with this Order—
(a)the expression “the special Act” means this Order, the expression “the undertakers” means the Company and the expression “the harbour, dock, or pier” shall mean the Port; and
(b)for the definition of the word “vessel” in section 3 (“interpretations in this and the special Act) there shall be substituted the definition of that word in paragraph (1) of article 2 (interpretation).