Statutory Instrument 1991 No. 1745

The Montrose Harbour Revision Order 1991

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© Crown Copyright 1991

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1991 No. 1745

HARBOURS, DOCKS, PIERS AND FERRIES

The Montrose Harbour Revision Order 1991

The Secretary of State for Transport (being the appropriate Minister for the purposes of section 14(7) of the Harbours Act 1964^[1]), in exercise of the powers conferred by section 14 of that Act and now vested in him^[2] and of all other powers enabling him in that behalf, and on the application of the Trustees of the Harbour of Montrose, hereby makes the following Order:

Citation and commencement
    1.—(1)  This Order may be cited as the Montrose Harbour Revision Order 1991 and this Order and the Montrose Harbour Acts and Orders 1837 to 1978 may be cited together as the Montrose Harbour Acts and Orders 1837 to 1991.

    (2)  This Order shall come into force on the date fixed in accordance with the provisions of the Statutory Orders (Special Procedure) Acts 1945 and 1965^[3].

Interpretation
    2.    In this Order, unless the context otherwise requires-

"Authority" means the Montrose Port Authority being the Trustees of the Harbour of Montrose renamed as provided in article 3 of this Order;

"chief executive officer" means the chief executive officer for the time being of the Authority;

"Community Council" means The Montrose Community Council;

"District Council" means the Council of the Angus District of the Tayside Region;

"dredging licence" means a licence under article 12 of this Order;

"Harbour" means the Harbour of Montrose as described in article 19 of the Order of 1974 and includes the land, buildings, works, plant, property and conveniences connected therewith or any part thereof as the case may be;

"harbour estate" means the docks, piers, wharves, quays, berths, roads, bridges, sheds and other works and conveniences and the lands, buildings and property of every description and of whatever nature, which are for the time being vested in or occupied by the Authority for the purposes of the Harbour;

"level of high water" means the level of mean high-water springs;

"new constitution date" means the first day of the third month after the expiry of the month current at the commencement of this Order;

"operator" and "telecommunications code system" have the same meaning as in the Telecommunications Act 1984^[4];

"Order of 1974" means the Montrose Harbour Revision Order 1974^[5];

"Order of 1978" means the Montrose Harbour (Constitution) Revision Order 1978^[6];

"Regional Council" means the Council of the Tayside Region;

"statutory undertaker" means—
 (a) any person who is a statutory undertaker within the meaning of section 275(1) of the Town and Country Planning (Scotland) Act 1972^[7];
 (b) a coast protection authority within the meaning of section 1 of the Coast Protection Act 1949^[8]; and
 (c) any operator of a telecommunication code system;

"Trustees of the Harbour of Montrose" means the Trustees of the Harbour of Montrose incorporated by the Montrose Harbour Act 1837^[9];

"works licence" means a licence under article 11 of this Order.

[1] 1964 c. 40; section 14 and Schedule 3 were amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2 to 4, 12 and 14. back

[2] See section 57(1) of the Harbours Act 1964 and S.I. 1981/238. back

[3] 1945 c. 18 (9 & 10 Geo. 6); 1965 c. 43. back

[4] 1984 c. 12. back

[5] S.I. 1975/348. back

[6] S.I. 1978/919. back

[7] 1972 c. 52. back

[8] 1949 c. 74. back

[9] 1837 c.xcix. back

Explanatory Note