Section 3.
SCHEDULE 3E+W Supplementary Provisions as to Authorised Works
Temporary occupation of specified sitesE+W
1(1)Subject to the provisions of this paragraph the Secretary of State may, in connection with the construction of the scheduled works specified in column (1) of the following table, or any works in connection with those works, enter upon and take temporary possession of the lands in the areas specified in columns (2) and (3) of that table for such purposes as are specified in column (4) of that table and may, for any such purpose, remove any buildings on those lands and provide means of access to those lands.E+W
THE TABLE
| (1) | (2) | (3) | (4) |
|---|---|---|---|
| Works Nos. | Area | Number of land shown on deposited plans | Purpose for which temporary possession may be taken |
| 3 | Borough of Thurrock | 21 | Working site and area of operations for bridge construction |
| 3 | Borough of Dartford Parish of Stone | 1 and 2 | Working site and area of operations for bridge construction |
| 5 and 6C | Borough of Dartford Town of Dartford | 3 to 7 | Working site for construction of retaining wall |
| 5 and 6C | Borough of Dartford Town of Dartford | 8 to 14 | Working site for construction of retaining wall |
| 10 | Borough of Dartford Town of Dartford | 71, 73, 75, 79 and 81 to 89 | Working site for construction of retaining wall |
(2)Not less than 28 days before entering upon and taking temporary possession of any land under this paragraph the Secretary of State shall give notice to the owners and occupiers of the land.
(3)The Secretary of State shall not, without the agreement of the owners and occupiers of the land, remain in possession of any part of any land under this paragraph after a period of one year from the completion of the work, or (as the case may be) all the works, specified in relation to that land in column (1) of the table in sub-paragraph (1) above.
(4)All private rights of way over any land of which the Secretary of State takes temporary possession under this paragraph shall be suspended and unenforceable for so long as the Secretary of State remains in lawful possession of the land.
(5)Before giving up possession of any land of which temporary possession has been taken under this paragraph, the Secretary of State shall remove all temporary works and restore the land to the reasonable satisfaction of the owners and occupiers of the land.
(6)The Secretary of State shall not be empowered to purchase compulsorily, or be required to purchase, any part of any land of which temporary possession has been taken under this paragraph.
(7)The Secretary of State shall pay compensation to—
(a)the owners and occupiers of any land of which temporary possession is taken under this paragraph for any loss or damage resulting from the exercise of the powers of this paragraph in relation to that land; and
(b)any person who suffers loss or damage by reason of the suspension of any right under this paragraph.
(8)Nothing in this paragraph shall affect any liability to pay compensation under section 10(2) of the M1Compulsory Purchase Act 1965, as applied by section 2 of this Act, or under any other enactment, in respect of damage arising from the execution of any works, other than damage for which compensation is payable under sub-paragraph (7) above.
(9)Any dispute as to a person’s entitlement to compensation under sub-paragraph (7) above, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the M2Land Compensation Act 1961.
Stopping up of and interference with highwaysE+W
2(1)Subject to the provisions of this paragraph, the Secretary of State may, in connection with the construction of the scheduled works, stop up each of the highways or parts of highways specified, by reference to the letters and numbers shown on the deposited plans, in columns (1) and (2) of the following table and any other bridleways or footpaths within the limits of deviation for those works; and on his doing so all rights of way over or along the highway or part so stopped up shall be extinguished.E+W
(2)An existing highway or part of a highway specified in columns (1) and (2) of Part II of the following table shall not be stopped up under this paragraph until the Secretary of State is satisfied that the new highway to be substituted for it which is specified in relation to it, by reference to the letters shown on the deposited plans or by reference to scheduled works, in column (3) of that Part of the table has been completed and is open for public use.
THE TABLE
Part I Highways to be stopped up
| (1) | (2) |
|---|---|
| Area | Length of highway to be stopped up |
| Borough of Thurrock | Cycle track from A2 to A4 |
| Borough of Thurrock | Footpath from B1 to B2 |
| Borough of Thurrock | Footpath from B2 to B3 |
| Borough of Thurrock | Road from C1 to C2 |
| Borough of Thurrock | Road from U1 to U2 |
| Borough of DartfordTown of Dartford | Road from J1 to J2 |
| Borough of DartfordParish of Darenth | Road from R1 to R2 |
Part II Highways to be stopped up and new highways substituted for them
| (1) | (2) | (3) |
|---|---|---|
| Area | Highway or part to be stopped up | New highway to be substituted for it |
| Borough of Thurrock | Cycle track from A1 to A2 to A3 | Work No. 1A |
| Borough of DartfordParish of Stone | Road from E1 to E2 | Work No. 13 |
| Borough of DartfordTown of Dartford | Cycle track from F1 to F2 | Cycle track from F1 to F2 |
| Borough of DartfordTown of Dartford | Cycle track from G1 to G2 | Cycle track from G1 to G2 |
| Borough of DartfordTown of Dartford | Footpath from H1 to H2 | Footpath from H1 to H2 |
| Borough of DartfordTown of Dartford | Road from K1 to K2 | Work No. 7C |
| Borough of DartfordTown of Dartford | Road from L1 to L2 | Work No. 7D |
| Borough of DartfordTown of Dartford | Footpath from M1 to M2 | Footpath from M1 to M2 |
| Borough of DartfordTown of Dartford | Footpath from N1 to N2 | Footpath from N1 to N2 |
| Borough of DartfordTown of Dartford | Footpath from P1 to P2 | Footpath from P1 to P2 |
| Borough of DartfordTown of Dartford and Parish of Darenth | Road from Q1 to Q2 | Work No. 8 |
| Borough of DartfordTown of Dartford and Parish of Darenth | Footpath from S1 to S3, thence southward along the line of footpath DR36 to a point at which that footpath turns westward along the boundary between the lands numbered on the deposited plans 10 and 11 in the Parish of Darenth | Footpath from S1 to S2, thence southward on a straight line within the limit of deviation of Work No. 9C to the point at which that line crosses the line of footpath DR36 |
Note: In the foregoing table the references to the footpath DR36 are to the footpath so numbered on the list of footpaths maintained by the Kent County Council.
(3)No part of any highway shall be stopped up under this paragraph until the Secretary of State is in possession of all lands abutting on both sides of that part of the highway except so far as the owners and occupiers of those lands may otherwise agree.
(4)The two lengths of footpath shown in the deposited plans between the points marked V1 and V2 in the Borough of Thurrock and the points marked W1 and W2 in the Parish of Stone in the Borough of Dartford shall not be stopped up under this paragraph.
(5)Any person who suffers loss by the extinguishment of any private right under this paragraph shall be entitled to compensation to be determined, in case of dispute, under and in accordance with Part I of the M3Land Compensation Act 1961.
Marginal Citations
Temporary interference with highwaysE+W
3(1)The Secretary of State may, for the purpose of constructing the scheduled works, temporarily stop up, open, break up or interfere with, or alter or divert, the whole or any part of any highway within the limits of deviation for those works or the limits of land to be acquired, and may carry out and do all necessary works and things for, or in connection with, doing so.E+W
(2)The Secretary of State shall provide reasonable access for all persons, with or without vehicles, going to or returning from premises abutting on any highway affected by the exercise of the powers conferred by this paragraph.
Status of new highwaysE+W
4E+WOn the date on which this Act is passed the road to be carried by the bridge and the roads forming Works Nos. 10 and 11 shall become trunk roads as if they had become so by virtue of an order under section 10(2) of the 1980 Act specifying that date as the date on which they were to become trunk roads.
5(1)On the date certified by the Secretary of State as the date on which any highway constructed in pursuance of this Act, other than one to which paragraph 4 above applies, is open for public use, that highway shall be transferred to the Kent County Council.E+W
(2)The Secretary of State may classify any highway proposed to be constructed in pursuance of this Act, other than one to which paragraph 4 above applies, in any manner in which, and for any purposes for which, he could classify that highway under section 12(3) of the 1980 Act.
(3)On the date of its transfer under sub-paragraph (1) above any highway classified under sub-paragraph (2) above shall become a highway classified in the manner and for the purposes in question as if so classified under section 12(3) of the 1980 Act.
Application of highways legislationE+W
6E+WFor the purposes of any enactment relating to highways and, in particular, for the purposes of any enactment conferring powers or imposing duties on a highway authority for or in connection with the construction by that highway authority of a highway—
(a)the construction by the Secretary of State of each of the roads to which paragraph 4 above applies shall be treated as the construction of a highway in pursuance of section 24(1) of the 1980 Act; and
(b)the construction by him of any other roads in pursuance of this Act, other than any road forming Work No. 12, shall be treated as the construction of a highway in pursuance of an order under section 14 of that Act made in relation to the A282.
7(1)The carrying out of Works Nos. 1A, 2, 4, 5, 6A, 6B, 6C, 7E and 7F and the parts of Works Nos. 1, 9A and 9C which are improvements of the A282 shall be treated for the purposes of any enactment relating to highways as improvements of the A282 under Part V of the 1980 Act.E+W
(2)The carrying out of Work No. 5A, the rest of Work No. 1 and the parts of Works Nos. 9B and 9D which are improvements of the M25 shall be treated for those purposes as such improvements of the M25.
(3)The carrying out of Work No. 9E and the rest of Works Nos. 9A, 9B, 9C and 9D shall be treated for those purposes as such improvements of the A2.
8(1)The carrying out of any of the scheduled works which is neither treated by paragraph 6 above as the construction of a highway nor treated by paragraph 7 above as the improvement of a highway (other than Work No. 12) and the stopping up of any highway in pursuance of this Schedule shall be treated for the purposes of any enactment relating to highways as having been authorised by an order under section 14 of the 1980 Act made in relation to the A282.E+W
(2)Subject to sections 21 and 22 of the 1980 Act as they apply by virtue of sub-paragraph (1) above, the stopping up of any highway in pursuance of this Schedule shall not affect any rights—
(a)of statutory undertakers in respect of any apparatus of theirs which immediately before the date on which this Act is passed is under, in, on, over, along or across that highway; or
(b)of any sewerage authority in respect of any sewer or sewage disposal works of theirs which immediately before that date are under, in, on, over, along or across that highway.
9E+WAny provision of Schedule 1 to this Act or of this Schedule relating to any work or operation which by virtue of paragraph 6 or 8 above is to be treated as authorised by an order under section 14 of the 1980 Act shall be treated for the purposes of the 1980 Act as provisions of such an order.
Road traffic regulationE+W
10(1)Subject to sub-paragraph (2) below, any power under the M4Road Traffic Regulation Act 1984 to make an order or to give a direction with respect to any road shall be exercisable in relation to any road forming or forming part of any of the works authorised by this Act before that road is open for public use, in any case where it appears to the Secretary of State to be expedient that the order or direction should have effect immediately on the road’s becoming open for public use.E+W
(2)The procedure otherwise applicable under that Act in relation to the making of any such order or the giving of any such direction shall apply in any such case with such modifications as the Secretary of State may determine; and he shall publish notice of those modifications in such manner as appears to him to be appropriate for bringing them to the notice of persons likely to be affected by the provisions of any such order or by any such direction.
Marginal Citations
11(1)In order to facilitate the reconstruction of the bridges carrying the A226 (The Brent) and the B2200 (Watling Street) over the A282 (part of Work No. 5) the Road Traffic Regulation Act 1984 shall have effect in relation to so much of The Brent and Watling Street as lies between the junction of those two roads and the junction of each of them with Lingfield Avenue (including the junctions themselves) and Lingfield Avenue during the relevant period as if they were trunk roads.E+W
(2)The Secretary of State shall certify the date on which the reconstruction of those bridges has been completed to his satisfaction and the relevant period is the period beginning on the transfer date and ending on the date so certified.