Article 2 Interpretation

In this Order—

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

• “the Company” means Birkenhead Port Limited;

• “Dockmaster of the Company” has the meaning given by paragraph (5)(b) of article 3 of this Order;

• “deposited plans” and “deposited sections” mean respectively the plans and sections prepared in triplicate, signed by Head of Ports Division in the Department of the Environment, Transport and the Regions and marked “The Port of Birkenhead Harbour Empowerment Order 1998” of which copies are deposited at the offices of the Secretary of State for the Environment, Transport and the Regions, the offices of MDHC and the registered office of the Company;

• “the Harbour Master” means the harbour master appointed by MDHC under the Mersey Docks and Harbour Acts and Orders 1857 to 1992 and includes his deputies and assistants;

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

• “limits of deviation” means the limits of deviation shown on the deposited plans;

• “limits of jurisdiction” means the area described in article 4 of this Order;

• “MDHC” means The Mersey Docks and Harbour Company;

• “the port premises” means the works and the land and premises at any time belonging to, vested in or occupied by the Company and used, intended to be used or set aside for the purposes of, or in connection with, the commercial management and operation of the works;

• “the river” means the river Mersey;

• “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;

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

• “the undertaking” means the undertaking of the Company within the limits of jurisdiction as authorised by this Order;

• “vessel” means a ship, boat or craft of any description and includes any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily); and includes a hovercraft within the meaning of the Hovercraft Act 1968^f2 or any other amphibious vehicle or a seaplane;

• “the works” means Works Nos. 1 to 3 authorised by article 5 of this Order, and any works constructed under article 7 of this Order for or in connection with or subsidiary to any of those works and includes those works as reconstructed, altered, replaced or relaid under paragraph (2) of the said article 5.

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.

Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid reference points.

Any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.