PART 1PRELIMINARY
Interpretation
2. In this Order—
“the 1915 Order” means the Cattewater Harbour Order 1915(1);
“the 1950 Order” means the Cattewater Harbour Order 1950(2);
“the 2005 Order” means the Cattewater Harbour Revision (Constitution) Order 2005(3);
“ashore” means all those parts of the harbour which are not within the wet harbour area;
“Cattewater Harbour User Group” means the consultative body or bodies established by the Commissioners in accordance with the requirements of article 17 (advisory bodies) of the 2005 Order;
“the Commissioners” means the Cattewater Harbour Commissioners;
“general direction” means a direction given under article 4 (power to make general directions as to the use of the harbour, etc.);
“harbour” means Cattewater Harbour the limits of which are described in article 17(4) of the 1915 Order (limits of harbour);
“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 for the time being authorised by the Commissioners to act, either generally or for a specific purpose, in the capacity of harbour master;
“harbour operations” includes—
the marking, lighting or dredging of the harbour or any part thereof;
the berthing, mooring, dry docking or storage of a vessel;
the laying and maintenance of moorings or other similar apparatus in the harbour;
the warehousing, sorting, weighing or handling of goods;
the movement of goods and vehicles (including parking, designated and prohibited areas, speed limits and removal from the harbour);
the towing, or moving of a vessel;
the loading or unloading of goods, or embarking or disembarking of passengers;
energy generation or storage;
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” means land adjacent to the wet harbour area for the time being vested in, or occupied or administered by the Commissioners as part of the harbour 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;
“harbour revenue” means and includes all moneys receivable by the Commissioners for and in relation to the harbour undertaking other than borrowed moneys and moneys which ought to be carried to capital account;
“harbour undertaking” means the undertaking for the time being of the Commissioners;
“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;
“King’s Harbour Master” means any person appointed as such under the Dockyard Ports Regulation Act 1865(5) to be the King’s harbour master for the Dockyard Port of Plymouth, and includes the duly authorised deputies and assistants of the King’s harbour master and any other person for the time being authorised to act, either generally or for a specific purpose, in the capacity of the King’s harbour master;
“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, management or conduct of the vessel for the time being;
“special direction” means a direction given under article 7 (special directions);
“Trinity House” means the Corporation of Trinity House of Deptford Strond(6);
“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(7), boat, houseboat, raft or craft of any description, however propelled or moved, and includes non-displacement craft, watercraft, 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 any type of craft which—
is capable of moving under its own mechanical power;
is used, navigated or situated wholly or partially in or on water; and
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 Merchant Shipping Act 1995(8);
“wet harbour area” means those parts of the harbour which are covered by water at the level of low water.
Confirmed by 5 & 6 Geo. 5 Ch. xcix.
See 14 Geo. 6 Ch. xxxvi.
As amended by article 23 of the 1950 Order, section 29(3) of the Plymouth Marine Events Base Act 1985 (c. xxv), and article 3(3) of this Order.
28 & 29 Vict. Ch. 125.
The Corporation of Trinity House, Tower Hill, London EC3N 4DH.
As defined in section 57 (interpretation) of the Harbours Act 1964 (c. 40).