# The Montrose Harbour Revision Order 2026, Article 2: Interpretation


(1) In this Order—
“the 1847 Act ” means the Harbours, Docks and Piers Clauses Act 1847,
“the 1964 Act” means the Harbours Act 1964,
“the 1966 Act” means the Docks and Harbours Act 1966,
“the 1978 Act” Refuse Disposal (Amenity) Act 1978,
“the 1987 Act” means the Pilotage Act 1987,
“the 1995 Act” means the Merchant Shipping Act 1995,
“the 1894 Order” means the Montrose Harbour Order 1894 ,
“the 1974 Order” means the Montrose Harbour Revision Order 1974,
“the 1991 Order” means the Montrose Harbour Revision Order 1991,
“the 2003 Order” means the Montrose Port Authority Harbour Revision (Constitution) Order 2003,
“aids to navigation” includes lights, buoys, beacons and signals including sound and electronic signals and any structure required to house the same,
“the Authority” means the Montrose Port Authority,
“charges” means the charges, rates, tolls and dues which the Authority is for the time being authorised to demand, take and recover in relation to the port undertaking,
“commercial refuelling activities” includes providing, recharging or emptying (in whole or part) a vessel with fuel or alternative power in exchange for financial payment or other valuable consideration,
“the Commissioners of Northern Lighthouses” means the general lighthouse authority for Scotland, a body corporate constituted by section 193 of, and Schedule 8 to, the 1995 Act,
“enactment” means any enactment whether public general or local and includes an Act of the Scottish Parliament or an instrument made under such an Act, any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment,
“general direction” means a direction given under article 23 of this Order,
“the harbour master” means any person appointed as such by the Authority, and includes the duly authorised deputies and assistants of the harbour master and any other person for the time being authorised by the Authority to act, either generally or for a specific purpose, in the capacity of harbour master,
“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,
“the level of high water” means the level of mean high water spring tides,
“the level of low water” means the level of mean low water spring tides,
“master”, in relation to a vessel, means any person having or taking command, charge or management of the vessel for the time being,
“the Montrose Port Orders 1894 to 2003” means the 1894 Order, the 1974 Order, the 1991 Order and the 2003 Order,
“pleasure craft” means any vessel of not more than 100 tonnes gross used wholly or mainly for recreation or for the carriage of passengers for reward,
“the port” means Montrose port the limits of which include the port premises and are described in article 5 of this Order,
“port facilities” includes, but is not limited to, shipping, fisheries, marine, energy, fuel and alternative power, rail, recreational, residential, leisure, tourism and retail facilities (including buildings),
“port functions” includes the powers and duties at and in connection with the port undertaking, including those authorised by this Order and the Montrose Port Orders 1894 to 2003,
“the port limits plan” means “The Montrose Harbour Revision Order 2026 Port Limits Plan” signed with reference to this Order, one copy of which is deposited at the offices of the Scottish Government, Victoria Quay, Edinburgh, EH6 6QQ and the other at the Authority’s port office,
“port premises” means land adjacent to the wet port area vested in, or occupied or administered for the time being by the Authority as part of the port undertaking and occupied wholly or mainly for the purpose of activities there carried on, which may include docks, quays, piers, wharves, berths, locks, breakwaters, landing places, yards, roads, sheds, car parks, other buildings and all other works and conveniences, land and premises which at the date of this Order includes the areas shaded pink on the port premises plans,
“port premises plans” means “The Montrose Harbour Revision Order 2026 Port Premises Plan - Harbour” and “The Montrose Harbour Revision Order 2026 Port Premises Plan - Montrose Commercial Park” signed with reference to this Order, one copy of which is deposited at the office of the Scottish Government, Victoria Quay, Edinburgh, EH6 6QQ and the other at the Authority’s port office,
“the port undertaking” means the undertaking carried on by the Authority at and in connection with the port authorised by this Order and the Montrose Port Orders 1894 to 2003,
“special direction” means a direction given under article 25 of this Order,
“tidal work” means so much of any work within the port as is on, under or over tidal waters or land below the level of high water,
“vehicle” includes any vehicle propelled on rails, any machinery on wheels or caterpillar tracks, trailers, caravans, bicycles, and mobile homes and includes a hovercraft or any other amphibious vehicle,
“vessel” includes a ship, boat, houseboat, raft or craft of any description, however propelled or moved, and includes non-displacement craft, 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),
“watercraft” means any type of craft which—
(a) is capable of moving under its own mechanical power,
(b) is used, navigated or situated wholly or partially in or on water, and
(c) is capable of being used to carry one or more persons,
but does not include a ship or fishing vessel within the meanings given in section 313(1) of the 1995 Act, and
“wet port area” means those parts of the port which are covered by water at the level of low water.
(2) All situations, points, directions, distances, lengths, dimensions, areas and other measurements stated in this Order shall be construed as if the words “or thereabouts” were inserted after each such situation, point, direction, distance, length, dimension, area or other measurement.
(3) In this Order, any reference to co-ordinates is a reference to World Geodetic System 1984 datum.
(4) The definition of “vessel” which shall apply to the provisions of the Montrose Port Orders 1894 to 2003 shall be the definition contained in paragraph (1), and accordingly any reference to “vessel” or “boat” contained in those Orders or in any byelaws, order or regulations made under them shall be construed as a reference to that definition.

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Source: https://www.legislation.gov.uk/ssi/2026/273/article/2 (the official version)
Page: https://openlegislation.uk/montrose-harbour-revision-order-2026/article-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.