Article 2 Interpretation

In this Order—

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

• “the 1959 Act” means the Portsmouth Corporation Act 1959^f2;

• “the 1964 Act” means the Harbours Act 1964^f3;

• “the 1972 Act” means the Local Government Act 1972^f4;

• “the 1995 Act” means the Merchant Shipping Act 1995^f5;

• “the 2000 (MWLS) Order” means the Portsmouth (Millennium Waterbus Landing Stages) Harbour Revision Order 2000^f6;

• “the 2000 (TSB) Order” means the Portsmouth (Tall Ships Berths) Harbour Revision Order 2000^f7;

• “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 port not within the Camber wet port area or the Portsmouth International Port wet port area;

• “the Camber” means the area described in article 4(3);

• “the Camber Port Limits Plan” means the plan prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed Camber Port Limits Plan referred to in the Portsmouth International Port and Camber Harbour Revision Order 2025” one copy of which is deposited at the office of the Marine Management Organisation^f8 and one copy at the port office^f9;

• “the Camber Port Premises” means land adjacent to the Camber wet port area vested in, occupied or administered (for the time being) by the Council as part of the Camber Undertaking and occupied wholly or mainly for the purpose of activities there carried on, which may include docks, quays, piers, wharves, berths, locks, breakwaters, car parks, landing places, yards, roads, sheds, buildings and all other works and conveniences, land and premises which at the date of this Order includes the areas shown outlined by a thick red line on the Camber Port Premises Plan;

• “the Camber Port Premises Plan” means the plan prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed Camber Port Premises Plan referred to in the Portsmouth International Port and Camber Harbour Revision Order 2025” one copy of which is deposited at the office of the Marine Management Organisation and one copy at the port office;

• “the Camber Undertaking” means the undertaking of the Council in respect of the Camber authorised by this Order and the Acts and Orders in Part 1 of Schedule 3 (Acts and Order);

• “Camber wet port area” means those parts of the Camber which are covered by water at the level of low water;

• “charges” means the charges, rates, tolls and dues which the Council is authorised to demand, take and recover in relation to the port undertaking;

• “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;

• “the Council” means Portsmouth City Council;

• “the Dockyard Port” means the Dockyard Port of Portsmouth the limits of which are defined in article 3 of the Dockyard Port of Portsmouth Order 2005^f10 (description of limits);

• “electronic communications network” has the meanings given by section 32 to the Communications Act 2003^f11 (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;

• “general direction” means a direction given under article 23 (power to make general directions as to the use of the port, etc.);

• “harbour master” means any person appointed as such by the Council, and includes the duly authorised deputies and assistants of the harbour master and any person authorised by the Council 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 King’s Harbour Master” means any person appointed as such under the Dockyard Ports Regulation Act 1865^f12 to be the King’s harbour master for the Dockyard Port, and includes the duly authorised deputies and assistants of the King’s harbour master and any other person authorised to act, either generally or for a specific purpose, in the capacity of the King’s harbour master;

• “level of high water” means the level of mean high water spring tides;

• “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 Schedule 3A to the Communications Act 2003 (the electronic communications code);

• “port” means the Portsmouth International Port and the Camber;

• “port facilities” includes, but is not limited to, shipping, fisheries, marine, energy, fuel and alternative power, recreational, leisure, tourism and retail facilities (including buildings);

• “port functions” means the powers and duties at and in connection with the port undertaking including those authorised by this Order and the Acts and Orders listed in Schedule 3 (Acts and Orders);

• “port limits plans” means the Camber Port Limits Plan and the Portsmouth International Port Limits Plan;

• “port operations” include—

  1. (a)

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

  2. (b)

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

  3. (c)

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

  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 port);

  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 port 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;

• “port premises” means the Camber Port Premises and the Portsmouth International Port Premises;

• “port premises plans” means the Camber Port Premises Plan and the Portsmouth International Port Premises Plan;

• “port revenue” means and includes all moneys receivable by the Council for and in relation to the port undertaking other than borrowed moneys and moneys which ought to be carried to capital account;

• “port undertaking” means the Camber Undertaking and the Portsmouth International Port Undertaking;

• “Portsmouth International Port” means the area described in article 4(2);

• “Portsmouth International Port Limits Plan” means the plan prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed Portsmouth International Port Limits Plan referred to in the Portsmouth International Port and Camber Harbour Revision Order 2025” one copy of which is deposited at the office of the Marine Management Organisation and one copy at the port office of the Council;

• “Portsmouth International Port Premises” means land adjacent to the Portsmouth International Port wet port area vested in, occupied or administered (for the time being) by the Council as part of the Portsmouth International 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, car parks, landing places, yards, roads, sheds, buildings and all other works and conveniences, land and premises which at the date of this Order includes the areas shown outlined by a thick red line on the Portsmouth International Port Premises Plan;

• “Portsmouth International Port Premises Plan” means the plan prepared in duplicate, signed on behalf of the Marine Management Organisation and marked “Signed Portsmouth International Port Premises Plan referred to in the Portsmouth International Port and Camber Harbour Revision Order 2025” one copy of which is deposited at the office of the Marine Management Organisation and one copy at the port office of the Council;

• “the Portsmouth International Port Undertaking” means the undertaking of the Council authorised by this Order and the Acts and Orders in Part 2 of Schedule 3 (Acts and Orders);

• “Portsmouth International Port User Group” means the body or bodies established in accordance with article 6 (advisory bodies);

• “Portsmouth International Port wet port area” means those parts of Portsmouth International Port which are covered by water at the level of low water;

• “special direction” means a direction given under article 26 (special directions);

• “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^f13;

  2. (b)

     a coast protection authority within the meaning of section 1 of the Coast Protection Act 1949^f14 (coast protection authorities);

  3. (c)

     any operator of an electronic communications network;

• “tidal work” means so much of any works within the port 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^f15;

• “vehicle” includes any vehicle propelled on rails, any machinery on wheels or caterpillar tracks, trailers, bicycles, caravans and mobile homes and includes a hovercraft or any other amphibious vehicle;

• “vessel” includes a ship^f16, 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 section 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.