Loch Leven and Lochaber Water Power Order Confirmation Act 1995

Interpretation

2 In this Order, except where the context otherwise requires—

• “the Acts of 1901 to 1910” mean the [1901 c. ccixx.] Loch Leven Water Power Act 1901, the [1904 c. ccxli.] Loch Leven Water Power (Amendment) Act 1904, the [1908 c. xxviii.] Loch Leven Water Power Order 1908 and the [1910 c. cxxxviii.] Loch Leven Water Power (Transfer) Order 1910;

• “the Acts of 1921 to 1940” means the Lochaber Water Power Acts 1921 to 1940;

• “Alcan UK” means Alcan Aluminium UK Limited or its successors or assignees;

• “the appointed day” means such day as, under section 3 (Appointed day) of this Order, is appointed;

• “assignation” includes an assignment;

• “convey” includes the execution of any deed or other instrument or document by which (whether with or without any other procedure) any property, or any estate, interest, security or other right in or over property is constituted, completed, disponed, assigned, transmitted or discharged; and cognate expressions are to be construed accordingly;

• “debenture” includes a floating charge or any instrument containing a floating charge;

• “enactment” means an enactment in this Order, in the Act confirming this Order or in any general or local Act or in any order, rule or regulation made under any Act;

• “existing” means existing, outstanding or in force immediately before the appointed day;

• “liabilities” includes duties and obligations of every description (whether present or future, actual or contingent);

• “the Lochaber undertaking” means the undertaking of the Power Company relating to the generation, use and supply of water, water hydraulic and motive power and electricity and other purposes pursuant to the Acts of 1921 to 1940;

• “the Loch Leven undertaking” means the undertaking of Alcan UK relating to the generation, use and supply of water, water hydraulic and motive power and electricity and other purposes pursuant to the Acts of 1901 to 1910;

• “the Power Company” means the Lochaber Power Company;

• “property” means property and assets of every description (whether present or future, actual or contingent, heritable or moveable, corporeal or incorporeal), and includes property and assets held on trust or in a fiduciary capacity and securities, rights, benefits and powers of every description;

• “security” includes a standard security or charge (whether legal or equitable), debenture, bill of exchange, promissory note, guarantee, lien, pledge (whether actual or constructive), hypothecation, assignation by way of security, indemnity, right of set off, undertaking or other means of securing payment or discharge of a debt or liability (whether present or future, actual or contingent);

• “standard security” includes a mortgage, an assignation or disposition ex facie absolute and any agreement qualifying the same, a bond and disposition or assignation in security, a cash credit bond and disposition or assignation in security, an assignation in security and any real right or burden of whatever kind in the nature of a security; and

• “undertaking” means all existing property and liabilities of whatever nature.