The Peterhead Harbours Revision Order 1998

PART I PRELIMINARY

Citation and commencement

1.—(1) This Order may be cited as the Peterhead Harbours Revision Order 1998 and shall come into force on 11th May 1998.

(2) The Peterhead Harbours Orders 1985 to 1996(1) and this Order may be cited together as the Peterhead Harbours Orders 1985 to 1998.

Interpretation

2.—(1) In this Order–

“Act of 1847” means the Harbours, Docks, and Piers Clauses Act 1847((2)

“area of works” means the area within the limits of deviation or any part of that area;

“trustees” means the body corporate known as the trustees of the harbours of Peterhead;

“deposited plan and sections” means the plan and sections prepared in duplicate and signed on behalf of the Secretary of State and marked “Plan and Sections referred to in Article 2 of the Peterhead Harbours Revision Order 1998” of which one is deposited at the offices of the Secretary of State for Scotland and the other at the harbour office of the trustees;

“enactment” means any Act, whether general, local or personal and any order (including this Order) or other instrument made thereunder and any provision in any such Act, order or instrument;

“harbours” means the harbours of Peterhead as defined in section 32 (Limits of harbours) of the Peterhead Harbours Order 1992((3)

“harbour undertaking” means the undertaking of the trustees in connection with the harbour;

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

“level of low water” means the level of mean low-water springs;

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

“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;

“vessel” means a ship, boat or craft of any description and includes any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily); and includes a hovercraft within the meaning of the Hovercraft Act 1968(4) or any other amphibious vehicle or a seaplane; and

“works” means the works authorised by Article 4 (Power to carry out works) of this Order or, as the case may require, any part thereof.

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

Incorporation of Act of 1847

3.  The Act of 1847 (except sections 6 to 13, 16 to 19, 22, 25, 26, 48, 79 to 82, 95, 97, 98, 99, 101 and 103) so far as applicable for the purposes and not inconsistent with the provisions of this Order, is hereby incorporated with and forms part of this Order:

Provided that–

(a) in construing the provisions so incorporated the expression “the Special Act” shall mean this Order, and–

(i) the expressions “the Promoters of the undertaking” and “the undertakers” shall mean the trustees and the expression “the harbour, dock and pier” shall mean the harbours;

(ii) the meaning of the word “vessel” as defined in Article 2 (Interpretation) of this Order shall be substituted for the meaning assigned to that word by section 3 of the Act of 1847;

(iii) section 23 shall be read and have effect as if the words “provided that no such lease be granted for a longer term than three years” were omitted and there were added the words “provided that as from the commencement of any lease of a tidal work made under this section the lessee shall during the continuance of his lease be subject to all the liabilities and obligations to which the undertakers are subject and shall perform all the duties of the undertakers under the Special Act in respect of that work.”;

(iv) section 63 shall be read and have effect as if for the words from “to a penalty” to the end of the section there were substituted the words “on summary conviction to a fine not exceeding level 2 on the standard scale.”;

(v) section 69 shall be read and have effect as if for the words from “forfeit” to the end of the section there were substituted the words “be liable on summary conviction to a fine not exceeding level 2 on the standard scale.”;

(vi) section 84 shall be read and have effect as if for the words “five pounds” there were substituted the words “level 2 on the standard scale.”; and

(b) the height of any warehouse or other building which the trustees may erect on the area of Works Nos.2 and 3 authorised by this Order shall not exceed the level of the top of the existing wall on the south side of the roads known as Harbour Street, Lodge Walk and Bath Street, Peterhead.

(1)

1986 c.v, 1992 c.xii and S.I. 1996/2755.

(2)

1847 c. 27.

(3)

1992 c.xii.

(4)

1992 c.xii.