Cattewater Reclamation Act 1992

Part I Preliminary

1 Short title

This Act may be cited as the Cattewater Reclamation Act 1992.

2 Interpretation

(1) In this Act, unless the subject or context otherwise requires—

• “the Act of 1965” means the [1965 c. 56.] Compulsory Purchase Act 1965;

• “the city” means the city of Plymouth;

• “the City Council” means the council of the city;

• “the Commissioners” means the Cattewater Harbour Commissioners;

• “the Company” means New Cattedown Limited;

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

• “new rights” means easements or other rights to be created in favour of the Company, including rights restricting the use of land; and the expression “new right” shall be construed accordingly;

• “tidal works” means so much of the works as is on, under or over tidal waters or tidal lands below the level of mean high-water springs;

• “the tribunal” means the Lands Tribunal;

• “Trinity House” means the Corporation of Trinity House of Deptford Strond;

• “the works” means the works authorised by subsection (1) of section 13 (Power to construct work) of this Act including those works as altered, replaced or re-laid under subsection (2) of that section and any works constructed under section 14 (Subsidiary works) of this Act and “work” shall be construed accordingly.

(2) References in this Act to grid references refer to the map co-ordinates on the National Grid used by the Ordnance Survey and shall be construed as if the words “or thereabouts” were inserted after each grid reference.

3 Application of enactments

(1) The provisions of the [1845 c. 20.] Railways Clauses Consolidation Act 1845 with respect to the temporary occupation of lands near the railway during the construction thereof are hereby incorporated with this Act and, as so incorporated, shall have effect as if—

(a) for the words “the period by the special Act limited for the completion of the railway” there were substituted the words “the period of five years from the commencement of the construction of the works authorised by the special Act”;

(b) the expression “the company” meant the Company; and

(c) the expression “the railway” meant the works authorised by this Act and “the centre of the railway” meant the centre line of the works respectively.

(2) (a) Part I of the Act of 1965 (except section 4, section 27, and paragraph 3 (3) of Schedule 3 thereto), in so far as it is applicable for the purposes of this Act and is not inconsistent with the provisions thereof, shall apply to the compulsory acquisition of land under this Act as it applies to a compulsory purchase to which Part II of the [1981 c. 67.] Acquisition of Land Act 1981 applies and as if this Act were a compulsory purchase order under the said Act of 1981.

(b) In section 11 (1) of the Act of 1965, as so applied, for the words “fourteen days” there shall be substituted the words “three months”.

(c) The [1845 c. 18.] Lands Clauses Consolidation Act 1845 shall not apply to the acquisition of land under this Act.

(3) Part II and Part III of Schedule 2 to the Acquisition of Land Act 1981 shall apply to the compulsory acquisition of land under this Act as if this Act were a compulsory purchase order which incorporated those provisions.