Article 2 Interpretation

In this Order—

• “the 1964 Act” means the Harbours Act 1964^f1;

• “the 1995 Act” means the Merchant Shipping Act 1995^f2;

• “the 1999 Order” means the Poole Harbour Revision Order 1999^f3;

• “the 2001 Order” means the Poole Harbour Revision Order 2001^f4;

• “the 2012 Order” means the Poole Harbour Revision Order 2012^f5;

• “the 2015 Order” means the Poole Harbour (Works) Revision Order 2015^f6;

• “aid to navigation” includes lights, buoys, beacons and signals including sound and electronic signals and any structure required to house the same;

• “ashore” means all those parts of the harbour which are not constituted of land covered by water at the level of low water;

• “commercial refuelling activities” includes recharging, providing or emptying (in whole or part) a vessel with fuel or alternative power in exchange for financial payment or other valuable consideration;

• “commissioner” means a person appointed to the Commissioners in accordance with article 4(2) or who continues in office under article 6;

• “the Commissioners” means the Poole Harbour Commissioners whose incorporation is continued under article 4 (incorporation and constitution of the Commissioners);

• “electronic communications network” has the meaning given by section 32 of the Communications Act 2003^f7 (meaning of electronic communications networks and services);

• “enactment” means any enactment whether public general or local and includes any order, byelaw, general direction, rule, regulation, scheme or other instrument having effect by virtue of an enactment;

• “existing chair” means the person appointed in accordance with paragraph A1 of Schedule 2 to the 2001 Order;

• “existing vice-chair” means the person who is holding that office immediately before the date of this Order;

• “general direction” means, except in article 19, a direction given under article 13 (power to give general directions as to the use of the harbour, etc.);

• “harbour” means Poole harbour as described in article 4 (area of the harbour) of and Schedule 1 (harbour limits) to the 2012 Order;

• “the Harbour Advisory Group” means the body or bodies established in accordance with article 21 (advisory bodies);

• “harbour functions” means the powers and duties at and in connection with the harbour undertaking, including those contained within the 1964 Act and the 1995 Act;

• “the harbour master” means any person appointed as such by the Commissioners, and includes the duly authorised deputies and assistants of the harbour master and any other person authorised by the Commissioners to act, either generally or for a specific purpose, in the capacity of harbour master;

• “harbour operations” include—

  1. (a)

     the marking, lighting or dredging of the harbour or any part of the harbour;

  2. (b)

     the berthing, dry docking, mooring or storage of a vessel;

  3. (c)

     the laying and maintenance of moorings or other similar apparatus in the harbour;

  4. (d)

     the warehousing, sorting, weighing or handling of goods;

  5. (e)

     the movement of goods and vehicles (including parking, designated and prohibited areas, speed limits and removal from the harbour);

  6. (f)

     the towing or moving of a vessel;

  7. (g)

     the loading or unloading of goods, or embarking or disembarking of passengers;

  8. (h)

     energy generation or storage;

  9. (i)

     the control of use of the harbour by members of the public and other third parties (including movement, conduct, authorised activities and designated and prohibited areas) but not so as to cause an interference with any public right of way;

• “harbour premises” has the same meaning as in article 2 of the 2012 Order;

• “harbour premises map” means the map prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed harbour premises map referred to in the Poole Harbour Revision Order 2026”, one copy of which is deposited at the office of the Marine Management Organisation^f8 and the other at the harbour office^f9;

• “the harbour undertaking” means the undertaking carried on by the Commissioners at and in connection with the harbour authorised by this Order and the Poole Harbour Orders 1999 to 2015;

• “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;

• “operator” has the meaning given by paragraph 2 of Schedule 3A to the Communications Act 2003 (the electronic communications code);

• “Poole Harbour Orders 1999 to 2015” means the 1999 Order, the 2012 Order and the 2015 Order;

• “special direction” means a direction given under article 14 of the 2012 Order or under section 52 of the Harbours, Docks and Piers Clauses Act 1847^f10;

• “statutory undertaker” means—

  1. (a)

     any person who is a statutory undertaker for any of the purposes of the Town and Country Planning Act 1990^f11;

  2. (b)

     a coast protection authority within the meaning of section 1 of the Coast Protection Act 1949^f12 (coast protection authorities);

  3. (c)

     any operator of an electronic communications network;

• “tidal work” means so much of any works within the harbour that are on, under or over tidal waters or land below the level of high water;

• “Trinity House” means the Corporation of Trinity House of Deptford Strond^f13;

• “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^f14, boat, houseboat, raft or craft of any description, however propelled or moved, and includes non-displacement craft, watercraft, a hydrofoil vessel, or an 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—

  1. (a)

     is capable of moving under its own mechanical power;

  2. (b)

     is used, navigated or situated wholly or partially in or on water; and

  3. (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 subsection 313(1) of the 1995 Act.

All situations, points, directions, distances, lengths, dimensions, areas and other measurements stated in this Order are to be construed as if the words “or thereabouts” were inserted after each such situation, point, direction, distance, length, dimension, area or other measurement.

References in the Poole Harbour Orders 1999 to 2015 to the “harbour undertaking” are to be construed as having the same meaning as “harbour undertaking” as defined in article 2(1) of this Order.