Statutory Instrument 1994 No. 3162

The Gloucester Harbour Revision Order 1994

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© Crown Copyright 1994

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1994 No. 3162

HARBOURS, DOCKS, PIERS AND FERRIES

The Gloucester Harbour Revision Order 1994

Whereas the Gloucester Harbour Trustees have applied for a harbour revision order under section 14 of the Harbours Act 1964^[1];

And whereas objections to the application made pursuant to paragraph 3(a) of Schedule 3 to the said Act^[2] have been withdrawn;

And whereas the Secretary of State for Transport is satisfied as mentioned in subsection (2)(b) of the said section 14:

Now, therefore, the Secretary of State for Transport (being the appropriate Minister under subsection (7) of the said section 14^[3]), in exercise of the powers conferred by that section and now vested in him^[4]), and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and commencement
    1.—(1)  This Order may be cited as the Gloucester Harbour Revision Order 1994 and shall come into force on 23rd December 1994.

    (2)  The Gloucester Harbour Orders 1889 to 1990 and this Order may be cited together as the Gloucester Harbour Orders 1889 to 1994.

Interpretation
    2.    In this Order, unless the context otherwise requires—
"appointing authority" means the person or persons by whom one or more trustees may be appointed in accordance with paragraphs (1) and (2) of article 3 of this Order;


"dredging licence" means a licence under article 20 of this Order;


"general direction" means a direction given under article 10 of this Order;


"the harbour" means the harbour of Gloucester within the limits prescribed by article 10 (Limits of harbour) of the Gloucester Harbour Revision Order 1988^[5];


"harbour master" means any person appointed as such by the Trustees and includes authorised deputies and assistants of a person so appointed;


"master", in relation to a vessel, means any person having or taking command, charge, management or conduct of the vessel for the time being;


"the new constitution date" means 1st August 1996;


"operator" and "telecommunications code system" have the meanings given by paragraph 1(1) of Schedule 4 to the Telecommunications Act 1984^[6];


"special direction" means a direction given under article 11 of this Order;


"statutory undertaker" means—
 (a) any person who is a statutory undertaker for any of the purposes of the Town and Country Planning Act 1990^[7];
 (b) any other person who has a duty or power under the Land Drainage Act 1991^[8];
 (c) a coast protection authority within the meaning of section 1 of the Coast Protection Act 1949^[9];
 (d) any operator of a telecommunications code system;


"tidal work" means so much of any work belonging to the Trustees as is on, under or over tidal waters or tidal lands below the level of high water;


"the Trinity House" means the Corporation of Trinity House of Deptford Strond;


"the Trustees" means the Gloucester Harbour Trustees;


"vessel" means a ship, boat, raft or water craft of any description and includes non-displacement craft, a seaplane and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily), a hovercraft or any other amphibious vehicle;


"works" means works of any description; and


"works licence" means a licence under article 19 of this Order.

[1] 1964 c. 40; section 14 was amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2, 3, 4(1) and 14 and by the Transport and Works Act 1992 (c. 42), Schedule 3, paragraph 1. back

[2] Schedule 3 was amended by the Transport Act 1981, section 18 and Schedule 6, paragraphs 4(2) to (7) and 12 and by the Transport Act 1992, Schedule 3, paragraph 10. back

[3] For the definition of "the Minister" (mentioned in section 14(7)), see section 57(1). back

[4] S.I. 1981/238. back

[5] S.I. 1988/1040. back

[6] 1984 c. 12. back

[7] 1990 c. 8. back

[8] 1991 c. 59. back

[9] 1949 c. 74; section 1 was amended by the Local Government Act (c.20), Sch 30. back

Explanatory Note