OpenLegislation

Article 2 Interpretation

Original text. Later amendments are not shown.

(1)

In this Order—

  • “the 1905 Act” means The Millport Piers and Burgh Extension Order Confirmation Act 1905f1,

  • “the 1964 Act” means the Harbours Act 1964f2,

  • “the 1965 Order” means the Clyde Port Authority Order 1965f3,

  • “the 1994 Act” means the Local Government etc. (Scotland) Act 1994f4,

  • “the 1995 Act” means the Merchant Shipping Act 1995f5,

  • “the Clyde Navigation Acts 1858 to 1965” means the Clyde Navigation Consolidation Act 1858f6, the Clyde Navigation (Glasgow Harbour Tramways) Act 1864f7, the Forth and Clyde Navigation (Capital) Act 1866f8, the Clyde Navigation (Amendment) Act 1868f9, the Clyde Navigation (Stobcross Dock) Act 1870f10, the Clyde Navigation Act 1873f11, the Clyde Navigation Act 1878f12, the Clyde Navigation Act 1883f13, the Clyde Navigation Act 1884f14, the Clyde Navigation Act 1887f15, the Clyde Navigation Act 1890f16, the Clyde Navigation Act 1891f17, the Clyde Navigation Act 1894f18, the Clyde Navigation Act 1897f19, the Clyde Navigation Act 1899f20,the Clyde Navigation Act 1904f21, the Clyde Navigation Act 1905f22, the Clyde Navigation Order 1907f23, the Clyde Navigation Act 1911f24, the Clyde Navigation Order 1914f25, the Clyde Navigation Act 1929f26, the Clyde Navigation Order 1950f27, the Clyde Navigation Order 1957f28, the Clyde Navigation Order 1960f29, the Clyde Navigation Order 1963f30, the Clyde Navigation Order 1964f31 and the Clyde Navigation (Superannuation) Order Confirmation Act 1965f32,

  • “Clydeport” means Clydeport Operations Limited (Company number: SC134759),

  • “the Clydeport Acts and Orders 1965 to 2021” means the 1965 Order, the Clyde Port Authority Revision Order 1968f33, the Clyde Port Authority Order 1969f34, the Clyde Port Authority Order 1971f35, the Clyde Port Authority (Hunterston Ore Terminal) Order 1973f36, the Clyde Port Authority Scheme 1991 Confirmation Order 1992f37, the Clydeport (Closure of Yorkhill Basin) Harbour Revision Order 2002f38, the Clydeport (Closure of Govan Basin) Harbour Revision Order 2004f39, the Clydeport Operations Limited (Greenock Ocean Terminal Cruise Berth) Harbour Revision Order 2018f40 and the Clydeport (COP 26 etc.) Harbour Revision Order 2021f41,

  • “Clydeport Harbour Master” means any person appointed by Clydeport to be the harbour master for the Clydeport jurisdictional area and includes that person’s deputies and assistants and any other person for the time being authorised by Clydeport to act, either generally or for a specific purpose, in the capacity of harbour master for the Clydeport jurisdictional area,

  • “Clydeport jurisdictional area” means the port as defined in section 5(1) of the 1965 Order, the limits of which are described in section 14 of the 1965 Order,

  • “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 The North Ayrshire Council, a local authority established by the 1994 Act and having its principal place of business at Cunninghame House, Irvine KA12 8EE,

  • “deposited plan” means the drawing numbered PC1683-RHD-ZZ-ZZ-DR-C-1952 entitled “Millport Coastal Flood Protection Scheme, Harbour Revision Order Extent of Works” signed with reference to this Order, of which one is deposited with the Ministers at the Scottish Government, Victoria Quay, Edinburgh EH6 6QQ and the other deposited at the principal office of the Chief Executive, The North Ayrshire Council, Cunninghame House, Irvine KA12 8EE,

  • “general direction” means a direction given under article 12,

  • “the Greenock Port and Harbour Acts 1913 to 1957” means the Greenock Port and Harbour Consolidation Act 1913f42, the Greenock Improvement Order 1919f43, the Greenock Port and Harbours Order 1920f44, the Greenock Port and Harbours Order 1922f45, the Greenock and Port Glasgow Tramways Company Act 1928f46, the Greenock Port and Harbours Order 1943f47, and the Greenock Port and Harbours Order 1957f48,

  • “harbour” means the harbour of Millport as defined in the 1905 Act and represented by a dash and dotted purple line on the deposited plan, which line is indicative only of the harbour limits,

  • “harbour limits” means the limits of the harbour, as defined in the 1905 Act,

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

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

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

  • “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,

  • “sections” means the drawing numbered PC1683-RHD-ZZ-ML-DR-C-1973 entitled “Millport Coastal Flood Protection Scheme, Rock Revetment Sections” signed with reference to this Order, of which one is deposited with the Ministers at the Scottish Government, Victoria Quay, Edinburgh EH6 6QQ and the other deposited at the principal office of the Chief Executive, The North Ayrshire Council, Cunninghame House, Irvine KA12 8EE,

  • “special direction” means a direction given under article 14,

  • “UK Chamber of Shipping” means the trade association for the United Kingdom shipping industry, incorporated under that name as a company limited by guarantee,

  • “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),

  • “works” means the works authorised by this Order, or as the case may require, any part thereof and includes any work constructed under article 3 (power to construct works) or article 6 (subsidiary works).

(2)

In this Order, all areas, directions, distances, lengths, widths and heights as stated in any description of the works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such area, direction, distance, length, width and height and any reference in a description of works to a point shall be a reference to that point on the deposited plan.

(3)

Any reference in this Order to work identified by a number is a reference to the work of that number authorised by this Order.

Annotations

Footnotes

f1

1905 c. cv.

f2

1964 c. 40.

f3

As confirmed by the Clyde Port Authority Order Confirmation Act 1965 c. xlv.

f4

1994 c. 39.

f5

1995 c. 21.

f6

1858 c. cxlix.

f7

1864 c. ccxlviii.

f8

1866 c. cclvi.

f9

1868 c. cxxiv.

f10

1870 c. liv.

f11

1873 c. cxv.

f12

1878 c. xlvii.

f13

1883 c. clvi.

f14

1884 c. xci.

f15

1887 c. viii.

f16

1890 c. clvi.

f17

1891 c. xxxviii.

f18

1894 c. clxviii.

f19

1897 c. xxxi.

f20

1899 c. ccxxxix.

f21

1904 c. ccxlii.

f22

1905 c. xxxiii.

f23

As confirmed by the Clyde Navigation Order Confirmation Act 1907 c. lxi.

f24

1911 c. li.

f25

As confirmed by the Clyde Navigation Order Confirmation Act 1914 c. clxxix.

f26

1929 c. xx.

f27

As confirmed by the Clyde Navigation Order Confirmation Act 1950 c. xxx.

f28

As confirmed by the Clyde Navigation Order Confirmation Act 1957 c. xxiii.

f29

As confirmed by the Clyde Navigation Order Confirmation Act 1960 c. ii.

f30

As confirmed by the Clyde Navigation Order Confirmation Act 1963 c. i.

f31

As confirmed by the Clyde Navigation Order Confirmation Act 1964 c. xlii.

f32

1965 c. xliv.

f33

S.I. 1968/788.

f34

As confirmed by the Clyde Port Authority Confirmation Act 1969 c. xxxi.

f35

As confirmed by the Clyde Port Authority Confirmation Act 1972 c. i.

f36

As confirmed by the Clyde Port Authority (Hunterston One Terminal) Order Confirmation Act 1973 c. xxxv.

f37

S.I. 1992/304.

f38

S.S.I. 2002/121.

f39

S.S.I. 2004/207.

f40

S.S.I. 2018/367.

f41

S.S.I. 2021/358.

f42

1913 c. xlii.

f43

As confirmed by the Greenock Improvement Order Confirmation Act 1919 c. cxii.

f44

As confirmed by the Greenock Port and Harbours Order Confirmation Act 1929 c. clxiii.

f45

As confirmed by the Greenock Port and Harbours Order Confirmation Act 1922 c. cii.

f46

1928 c. lxxxii .

f47

As confirmed by the Greenock Port and Harbours Order Confirmation Act 1943 c. vii.

f48

As confirmed by the Greenock and port Harbours Order Confirmation Act 1957 c. xxii.