Harbours Act, 1996
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Interpretation. |
2.—(1) In this Act, except where the context otherwise requires— | |
“the Act of 1946” means the Harbours Act, 1946 ; | ||
“company” means a company referred to in section 7 ; | ||
“company's harbour” shall be construed in accordance with section 7 (3); | ||
“the Companies Acts” means the Companies Act, 1963 , and every enactment which is to be construed with it as one Act; | ||
“contravene”, in relation to a provision, includes, where appropriate, fail or refuse to comply with the provision and cognate words shall be construed accordingly; | ||
“document” includes a disc, tape, sound track or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form; | ||
“functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties; | ||
“harbour” (other than in sections 86 to 89 ) means a harbour, functions in respect of which are conferred on a company by or under this Act; | ||
“harbour authority” means a harbour authority within the meaning of the Act of 1946; | ||
“harbour master” shall be construed in accordance with section 37 (1); | ||
“holding company” has the meaning assigned to it by section 155 of the Companies Act, 1963 ; | ||
“former harbour authority” means a harbour authority referred to in section 81 ; | ||
“land” includes land covered by water; | ||
“local authority” means a local authority for the purposes of the Local Government Act, 1941 ; | ||
“master”, in relation to a ship, means the person having command or charge of the ship, but does not include a pilot; | ||
“the Minister” means the Minister for the Marine; | ||
“pilot” means any person not belonging to a ship who has the conduct thereof; | ||
“pilotage authority” has the same meaning as it has in the Pilotage Act, 1913 ; | ||
“pilotage district” means a pilotage district referred to in Part IV ; | ||
“recognised trade union or staff association” means a trade union or staff association recognised by a company for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions, of employees; | ||
“relevant vesting day” shall be construed in accordance with subsection (3) (a); | ||
“ship” includes any description of vessel used in navigation and any boat (other than a boat propelled by oars); | ||
“State authority” means an authority being— | ||
(a) a Minister of the Government, or | ||
(b) the Commissioners of Public Works in Ireland; | ||
“subsidiary” means a subsidiary (within the meaning of section 155 of the Companies Act, 1963 ) of the particular company to which the provision or provisions of this Act containing that expression falls or fall to be applied (whether or not any such provision falls to be applied to any other company or companies); | ||
“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death. | ||
(2) A reference in this Act to the functions of the Minister in relation to Dún Laoghaire Harbour shall be construed as a reference to the functions of the Minister under the Dún Laoghaire Harbour Acts, 1990 and 1994. | ||
(3) (a) A reference in this Act to a relevant vesting day shall be construed as a reference to the day appointed under section 7 (2) in relation to the particular company to which the provision or provisions of this Act containing that reference falls or fall to be applied (whether or not any such provision falls to be applied to any other company or companies). | ||
(b) A reference in this Act to the commencement of section 56 or a provision thereof in relation to a company shall, where an order or orders under section 1 (2) fixes or fix different days for the commencement of that section or provision, as the case may be, for different purposes in relation to the company, be construed as references to the day on which, by virtue of the said order or orders, that section or provision, as the case may be, comes into operation in its entirety in relation to the company. | ||
(4) A reference in this Act to a Part, section or Schedule is a reference to a Part or section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended. | ||
(5) A reference in this Act to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended. | ||
(6) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment. | ||
(7) Where any function of a company is, under the memorandum of association of a subsidiary, a function of the subsidiary, every provision of, or of any instrument under, this Act or any other enactment relating to the company shall, in respect of that function, apply to the subsidiary as it applies to the company. |