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The St Mary’s (Isles of Scilly) Harbour Revision Order 2007

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Interpretation

2.  (1)  In this Order—

“the Act of 1847” means the Harbours Docks and Piers Clauses Act 1847(1);

“the Order of 1890” means the St Mary’s (Scilly) Pier Order 1890 confirmed by the Pier and Harbour Confirmation (No. 4) Act 1890(2);

“the authorised officer” means the person appointed as such by the undertaker or, if more than one person is so appointed, any of those persons;

“deposited plans” and “deposited sections” mean respectively plans and sections prepared in triplicate, signed by the Head of Ports Division in the Department for Transport and marked “The St Mary’s (Isles of Scilly) Harbour Revision Order 2007”, two copies of which have been deposited at the offices of the Department for Transport, the other at the offices of the undertaker;

“harbour” has the same meaning as in section 2 of the Order of 1890 and includes the works and the harbour premises;

“harbour master” means any person appointed as such pursuant to section 51 of the Act of 1847;

“harbour premises” means the quays, berths, landing places, and all other works, land and buildings for the time being vested in or occupied or administered by the undertaker as part of the undertaking;

“hovercraft” means a vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle;“land” includes land covered by water, any interest in land and any servitude or right in, to or over land;

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

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

“tidal works” 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;

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

“the undertaker” means His said Royal Highness or other the possessor of the Duchy of Cornwall or other the undertaker for the purposes of the Order of 1890 and this Order;

“undertaking” means the harbour undertaking for the time being of the undertaker;

“vessel” means a ship, boat, raft or water craft of any description however propelled or moved, and includes a displacement craft, a personal watercraft, 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); 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 4 (Power to construct works).

(2) All areas, directions, distances, lengths, widths and other measurements as stated in any description of works, powers or lands other than article 5 (Power to deviate) shall be construed as if the words “or thereabouts” were inserted after each such area, direction, distance, length, width and other measurement and any reference in a description of works to a point shall be construed as a reference to an Ordnance Survey National Grid reference point.

(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.

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