PART 1PRELIMINARY

Title and commencement

1.—(1) The title of this Order is the Saundersfoot Harbour Empowerment Order 2011.

(2) Subject to paragraph (3), this Order comes into force on 1 July 2011.

(3) The following provisions of this Order come into force on the new constitution date—

• article 4(1);

• article 5(1);

• article 7(1)(b);

• article 58; and

• article 64.

Interpretation

2.  In this Order unless the context otherwise requires—

“the 1847 Act” (“Deddf 1847”) means the Harbours, Docks and Piers Clauses Act 1847(1);

“the 1964 Act” (“Deddf 1964”) means the Harbours Act 1964(2);

“the 1965 Act” (“Deddf 1965”) means the Compulsory Purchase Act 1965(3);

“the 1958 Order” (“Gorchymyn 1958”) means the Saundersfoot Harbour Order 1958(4);

“the advisory committee” (“y pwyllgor cynghori”) means the committee appointed under article 58(1);

“appointing body” (“corff sy'n penodi”) means any of the persons (namely the local authorities and the appointments panel) by whom Commissioners are appointed in accordance with article 5;

“the appointments panel” (“y panel penodiadau”) means the panel constituted under article 7;

“the approaches” (“y dynesfeydd”) means any seaward approaches to the harbour;

“the car park” (“y maes parcio”) means the area edged in broken green lines on the harbour map;

“the Commissioners” (“y Comisiynwyr”) means the Saundersfoot Harbour Commissioners constituted by this Order, and “Commissioner” (“Comisiynydd”) means one of them;

“the former Commissioners” (“y Comisiynwyr blaenorol”) means the Saundersfoot Harbour Commissioners who were constituted by the 1958 Order;

“the harbour” (“yr harbwr”) means the harbour of Saundersfoot as defined by article 22 and the land, buildings, works, plant, property and conveniences connected with it, or any part of it or them;

“harbour map” (“map o'r harbwr”) means the map set out at Schedule 5, dated 3 April 1958 and titled “Map of the Limits of Saundersfoot Harbour” (“Map o Derfynau Harbwr Saundersfoot”);

“the harbour master” (“yr harbwrfeistr”) includes the harbour master’s authorised deputies and assistants and any person authorised by the Commissioners to act in that capacity;

“the harbour revenues” (“refeniwiau'r harbwr”) means the rates, tolls, dues, rents and other monies and receipts which may be taken and received by way of income from or in respect of the undertaking under and by virtue of this Order;

“the index” (“y mynegai”) means—

“level of high water” (“lefel penllanw”) means the level of mean high-water spring tides;

“the local authorities” (“yr awdurdodau lleol”) means Pembrokeshire County Council and Saundersfoot Community Council;

“moorings” (“angorfeydd”) includes floating jetties, pontoons, buoys and like apparatus or facilities;

“new constitution date” (“dyddiad y cyfansoddiad newydd”) means the first day of the month beginning immediately following 3 months after the making of this Order;

“personal watercraft” (“dyfrfad personol”) means any watercraft (not being a structure which by reason of its concave shape provides buoyancy for the carriage of persons or goods) propelled by a jet engine or other mechanical means of propulsion and steered either by—

“seaplane” (“awyren fôr”) includes a flying boat and any other aircraft designed to manoeuvre on the water;

“statutory undertaker” (“ymgymerydd statudol”) means—

“tidal work” (“gwaith llanwol”) means so much of any work as is on, under or over tidal waters or land below the level of high water;

“Trinity House” (“Trinity House”) means the Corporation of Trinity House of Deptford Strond;

“the undertaking” (“yr ymgymeriad”) means the undertaking of the Commissioners in connection with the harbour and includes the estates, rights and property conferred on or vested in the former Commissioners pursuant to the 1958 Order;

“the Welsh Ministers” (“Gweinidogion Cymru”) carries the same meaning as in the Government of Wales Act 2006(8);

“vessel” (“llong”) includes—

“the works” (“y gweithiau”) means the works that were vested in the former Commissioners under the 1958 Order.

Incorporation of Clauses Acts

3.—(1) The enactments referred to in paragraph (2) are, so far as applicable and not inconsistent with this Order, incorporated with this Order.

(2) The enactments are—

(a)sections 60, 62 to 65, and 75 to 83 of the Commissioners Clauses Act 1847(9); and

(b)sections 2, 3, 4, 23, 27, 29, 31 to 46, 52, 53, 55 to 59, 61 to 66, 69 to 71, 73 to 78 and 83 of the 1847 Act.

(3) The enactments referred to in paragraph (2)(b) have effect as follows—

(a)“the harbour, dock or pier” means the harbour;

(b)“the special Act” means this Order;

(c)“the Promoters of the undertaking” and “the undertakers” mean the Commissioners;

(d)the maximum penalty for any summary offence under any of those sections is level 4 on the standard scale;

(e)“vessel” has the meaning given by article 2;

(f)in section 23, the words “provided that no such lease be granted for a longer term than three years” are omitted; and

(g)nothing in section 53 requires the harbour master to serve on the master of a vessel notice in writing of a direction but such directions may be given orally, or in any other reasonable manner.