Article 2 Interpretation

In this Order—

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

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

• “the 1992 Order” means the Town and Country Planning (General Permitted Development) (Scotland) Order 1992^f3,

• “the 1995 Act” means the Merchant Shipping Act 1995^f4,

• “the 1997 Act” means the Town and Country Planning (Scotland) Act 1997^f5,

• “the 1998 Act” means the Scotland Act 1998^f6,

• “the 2005 Order” means the Peterhead Port Authority Harbour (Constitution) Revision Order 2005^f7,

• “the Authority” means Peterhead Port Authority, whose offices are located at Harbour Office, West Pier, Peterhead, Aberdeenshire AB42 1DW,

• “the Commissioners of Northern Lighthouses” means the general lighthouse authority for Scotland, a body corporate constituted by section 193 of, and schedule 8^f8 of, the 1995 Act,

• “deposited plan” means the plan referred to in articles 5 and 6 which is signed in duplicate with reference to this Order and marked “the Peterhead Port Authority Harbour Revision Order 2026 Plan” and which is deposited at the offices of the Scottish Ministers at Victoria Quay, Edinburgh EH6 6QQ and at the offices of the Authority,

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

• “harbour limits plan” means the plan signed in duplicate with reference to this Order and marked “the Peterhead Port Authority Harbour Revision Order 2026 Harbour Limits Plan” which is deposited at the offices of the Scottish Ministers at Victoria Quay, Edinburgh EH6 6QQ and at the offices of the Authority,

• “harbour master” means any person appointed as such by the Authority, and includes the harbour master’s duly authorised deputies and assistants 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,

• “level of high water” means the level of mean high water springs,

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

• “the Maritime and Coastguard Agency” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport,

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

• “the Ministers” means the Scottish Ministers,

• “port” means the Port of Peterhead as comprised within the harbour limits,

• “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,

• “undertaking” means the port undertaking for the time being of the Authority,

• “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 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),

• “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, 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 5 (power to construct works) or article 7 (subsidiary works).

In this Order, all areas, directions, distances, lengths, widths, heights and grid references as stated in any description of works, powers or lands other than article 6 (power to deviate) shall be construed as if the words “or thereabouts” were inserted after each such area, direction, distance, length, width, height and grid reference and any reference in a description of works to a point shall be a reference to that point on the deposited plan.

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