Article 2 Interpretation

In this Order—

• “the 1847 Act” means the Harbours, Docks and Piers Clauses Act 1847^f1;

• “the 1862 Act” means the Pier and Harbour Orders Confirmation Act 1862^f2;

• “the 1864 Act” means the Pier and Harbour Orders Confirmation Act 1864^f3;

• “the 1896 Act” means the Pier and Harbour Orders Confirmation Act 1896^f4;

• “the 1897 Act” means the Callander and Oban Railway Act 1897^f5;

• “the 1964 Act” means the Harbours Act 1964^f6;

• “the 1974 Act” means the Scottish Transport Group (Oban Quay) Order Confirmation Act 1974^f7;

• “the 1992 Act” means the Transport and Works Act^f8;

• “the 1994 Act” means the Local Government etc. (Scotland) Act 1994^f9;

• “the 1995 Act” means the Merchant Shipping Act 1995^f10;

• “the 1998 Act” means the Scotland Act 1998^f11;

• “the 2007 Act” means the Transport and Works (Scotland) Act 2007^f12;

• “CMAL” means Caledonian Maritime Assets Limited, a company incorporated in Scotland with registered number SC001854 and having its registered office at Municipal Buildings, Fore Street, Port Glasgow, Renfrewshire, PA14 5EQ;

• “Commissioners of Northern Lighthouses” means the general lighthouse authority for Scotland, a body corporate constituted by section 193 and schedule 8 of the 1995 Act;

• “the Council” means Argyll and Bute Council, a local authority established by the 1994 Act and having its principal place of business at Kilmory, Lochgilphead, Argyll, PA31 8RT;

• “deposited plans” means the plans referred to in article 4 which are bound together, signed and dated with reference to this Order and marked “Argyll and Bute Council (Oban) Harbour Revision Order 2024 Plans” copies of which have been deposited at the offices of the Ministers at the Scottish Government, Victoria Quay, Edinburgh EH6 6QQ and at the offices of the Council;

• “ferry operator” means the operator (if any), from time to time, of the Clyde and Hebrides Ferry Services or any similar replacement service on behalf of the Ministers;

• “general direction” means a direction given by the Council under article 21;

• “goods” includes equipment of any description;

• “government department” includes any part of, or any member of the staff of, the Scottish Administration which shall have the same meaning as in section 126(6) of the 1998 Act;

• “harbour” means the harbour at Oban comprised within the harbour limits;

• “harbour limits” means the limits of the harbour as defined in article 4;

• “harbour master” means any person appointed as such by the Council and includes that person’s deputies and assistants and any person for the time being authorised by the Council to act, either generally or for a specific purpose, in the capacity of harbour master;

• “harbour premises” means the quays, berths, piers, pontoons, moorings, landing places, and all other works, buildings and other structures and premises within the harbour limits from time to time vested in or occupied or administered by the Council as part of the harbour undertaking;

• “harbour undertaking” means the harbour undertaking of the Council at Oban;

• “land” includes land covered by water, any interest in land and any servitude or right in, to or over land;

• “master” in relation to a vessel means any person for the time being having or taking the command, charge or management of the vessel;

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

• “mooring” includes any buoy, pile, post, chain, pillar, jetty for use as an appurtenance to a dwelling or like apparatus or structure used for the mooring of vessels;

• “personal watercraft” means a watercraft intended for sports and leisure purposes of less than 4 metres in hull length which uses a propulsion engine having a water jet pump as its primary source of propulsion and designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of, a hull;

• “railway pier” means the section of the harbour at Oban as defined in article 4;

• “relevant ferry services” means any services associated with the delivery of the Clyde Hebrides Ferry Services or any similar replacement service on behalf of the Ministers;

• “relevant person” in relation to any property, rights or interests to which section 90B(5) of the 1998 Act applies means the person who manages that property, or those rights and interests;

• “special direction” means a direction given by the harbour master under article 23;

• “vessel” means a ship, boat, raft or craft of any description however propelled or moved, and includes a displacement craft, a non-displacement craft, a personal watercraft, a sea plane on the surface of the water, a hydrofoil vessel 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 any permanent or temporary manmade structures situated within the harbour limits.