- Latest available (Revised)
- Point in Time (01/04/2008)
- Original (As enacted)
Point in time view as at 01/04/2008.
There are currently no known outstanding effects for the Dartford-Thurrock Crossing Act 1988, SCHEDULE 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Section 2.
Borough of Thurrock | 12 | Working site and access to it |
Borough of Thurrock | 21 | Working site and area of operations for bridge construction |
Borough of Thurrock | 23 and 24 | Diversion of electricity cables |
Borough of DartfordParish of Stone | 1 and 2 | Working site and area of operations for bridge construction |
Borough of Dartford Town of Dartford | 3 to 7 | Working site |
Borough of Dartford Town of Dartford | 8 to 14 | Working site |
Borough of Dartford Town of Dartford | 33u, 34u and 35u | Provision of ground anchors for retaining wall |
Borough of Dartford Town of Dartford | 47u to 60u | Provision of ground anchors for retaining wall |
Borough of Dartford Town of Dartford | 61u, 62u and 63u | Provision of ground anchors for retaining wall |
Borough of Dartford Town of Dartford | 71, 73, 75, 79 and 81 to 89 | Working site |
Borough of Dartford Town of Dartford | 71u, 72u, 74u, 76u, 77u, 78u, and 80u to 89u | Provision of ground anchors for retaining wall |
Borough of Dartford Town of Dartford | 91u | Provision of ground anchors for retaining wall |
1E+WSection 11(1) of the M1Compulsory Purchase Act 1965 (power to enter on and take possession of land the subject of a notice to treat after giving not less than fourteen days’ notice) shall have effect in its application by virtue of section 2 of this Act as if for the words “fourteen days” there were substituted the words “one month”.
Marginal Citations
2(1)The Secretary of State may under section 2 of this Act acquire easements or other rights in or over land by creating them as well as acquiring easements or other rights already in existence.E+W
(2)In relation to the compulsory acquisition of a right by virtue of sub-paragraph (1) above the provisions of the 1980 Act specified in sub-paragraph (3) below shall apply—
(a)as if references to such a compulsory acquisition were included in references to the compulsory acquisition of a right by virtue of section 250 of that Act; and
(b)as if any such acquisition were made by a compulsory purchase order made in the exercise of highway land acquisition powers.
(3)The provisions are—
(a)section 250(4) and (5) and Part II of Schedule 19 (adaptations of M2Compulsory Purchase Act 1965 and the enactments relating to compensation for compulsory purchase);
(b)section 251 (rights acquired to be binding on successive owners of the land); and
(c)sections 252 and 261(2) (power of land owners affected by rights acquisition to compel acquisition of whole interest).
Marginal Citations
3(1)The Secretary of State may under section 2 of this Act acquire so much of the subsoil and under-surface of land as is required as mentioned in that section without being required to acquire any interest in any other part of it.E+W
(2)In the case of any land identified on the deposited plans by a number followed by the suffix “u”, the Secretary of State shall not acquire compulsorily under section 2 of this Act any interest except the subsoil or under-surface or any easement or right in that subsoil or under-surface.
(3)For the purposes of sub-paragraph (2) above the subsoil and under-surface of any land shall not include any subsoil or under-surface which is 2 metres or less—
(a)where there is a building on the land, below the level of the surface of the ground adjoining the building;
(b)where there is a watercourse or other area of water, below the level of the surface of the adjoining ground which is at all times above water level; or
(c)in any other case, below the level of the surface of the ground.
4(1)Subject to sub-paragraph (2) below, Parts II and III of Schedule 2 to the M3Acquisition of Land Act 1981 (exception of minerals from compulsory purchase and regulation of the working of mines and minerals underlying an authorised undertaking) shall have effect in relation to lands within the limits of land to be acquired as if those lands were comprised in a compulsory purchase order providing for the incorporation with that order of those Parts of that Schedule.E+W
(2)In the application of that Schedule to lands which the Secretary of State is authorised to acquire under section 2 of this Act, paragraph 1(3) (meaning of underlying) shall have effect as if the prescribed distance in relation to any seam of minerals lying under land adjoining any of the works authorised by this Act were such a lateral distance from those works on every side as is equal at every point along those works to one-half of the depth of the seam below the natural surface of the ground at that point or 40 metres, whichever is the greater.
Marginal Citations
5(1)All private rights of way over any land which may be acquired compulsorily under section 2 of this Act shall be extinguished on the acquisition of the land, whether compulsorily or by agreement, or on the entry on the land in pursuance of section 11(1) of the M4Compulsory Purchase Act 1965, as applied by section 2 of this Act, whichever is the sooner.E+W
(2)Any person who suffers loss by the extinguishment of any 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 M5Land Compensation Act 1961.
6E+WSection 4 of the M6Acquisition of Land Act 1981 (assessment of compensation where unnecessary work undertaken to obtain compensation) shall have effect in relation to a compulsory acquisition under section 2 of this Act as if it were a compulsory purchase to which that Act applies.
Marginal Citations
7E+WWhere land is or rights in or over land are compulsorily acquired under section 2 of this Act, section 261 of the 1980 Act (benefit to be taken into account in assessing compensation) shall have effect as if the acquisition were one in relation to which that section has effect.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.