Dartford-Thurrock Crossing Act 1988

46 Interpretation. E+W

(1) In this Act, except where the context otherwise requires—

• “the 1980 Act” and “the 1984 Act” shall be construed in accordance with section 4(5);

• “the approach roads” has the meaning given by section 4(3);

• “breakdown”, in relation to a vehicle, includes mechanical defect, lack of fuel, oil or water for the vehicle, and any other circumstances in which a person in charge of the vehicle could not immediately, safely and without damage to the vehicle or its accessories, drive it under its own power;

• “the bridge” shall be construed in accordance with section 1(2);

• “bridleway” has the same meaning as in the 1980 Act;

• “building” includes any structure or erection and any part of a building as so defined;

• “the Councils” has the meaning given by section 6(5)(b);

• “the crossing” has the meaning given by section 11(9);

• “the crossing operator” has the meaning given by section 12(4);

• “cycle track” has the same meaning as in the 1980 Act;

• “deposited plans” and “deposited sections” mean respectively the plans and sections deposited in April 1987 in connection with the Dartford-Thurrock Crossing Bill in the Office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons;

• “enactment” includes an enactment contained in any Act passed on or after the date on which this Act is passed and any subordinate legislation within the meaning of the M1 Interpretation Act 1978;

• “exercise” includes performance and related expressions shall be construed accordingly;

• “footpath” has the same meaning as in the 1980 Act;

• “functions” includes powers, duties and obligations;

• “land” includes buildings, land covered with water, and any estate, interest, easement, servitude or right in or over land;

• “limits of deviation” means the limits of deviation shown in the deposited plans and “limits of land to be acquired” means the limits of land to be acquired so shown;

• “maintenance” includes repair and “maintain” shall be construed accordingly;

• “modifications” includes additions, omissions and alterations and “modify” shall be construed accordingly;

• “owner” has the same meaning as in section 7(1) of the M2 Acquisition of Land Act 1981;

• “pedal cycle” means a pedal cycle which is either—

(a) not propelled by mechanical power; or

(b) an electrically assisted pedal cycle of a class prescribed by regulations made by the Secretary of State for the purposes of section 193 of the M3 Road Traffic Act 1972 and section 140 of the M4 Road Traffic Regulation Act 1984;

• “place at which tolls are payable” means any place at which, in accordance with arrangements made by the crossing operator, tolls (other than tolls previously compounded for) are for the time being payable;

• “Port Authority” means the Port of London Authority;

• “prescribed” means prescribed by regulations;

• “property” includes property, rights and powers of every description;

• “regulations” means regulations made by the Secretary of State;

• “river” means the river Thames including its bed, banks and foreshore;

• “the scheduled works” shall be construed in accordance with section 1(1);

• “toll” has the meaning given by section 11(2);

• “traffic” includes pedestrians and animals;

• “traffic officer” means a person appointed, or treated as if appointed, to act as such under section 28;

• “the transfer date” shall be construed in accordance with section 4(2);

• “trunk road” has the same meaning as in the 1980 Act; and

• “the tunnel approaches”, “the tunnel crossing”, “the tunnel highway” and “the tunnels” have the meanings given by section 4(3).

(2) In this Act—

(a) references to the functions of the Councils in relation to the tunnel crossing or the tunnel approaches shall be construed in accordance with section 6(5)(a);

(b) references to the toll period shall be construed in accordance with section 11(10); and

(c) references, in relation to the person appointed under section 11 of this Act to levy tolls, to relevant functions shall be construed in accordance with sections 15(10) and 16(4).

(3) In this Act—

(a) any reference to a road designated by a letter and number is a reference to the road so designated by the Department of Transport at the date of the passing of this Act;

(b) references to specified distances shall be construed as if the words “or thereabouts” were inserted after each such distance, distances between points on a road being measured along the centre line of the road; and

(c) any reference to a work identified by a number shall be read as a reference to the scheduled work of that number.

Subordinate Legislation Made

P1 S. 46: power previously exercised by S.I. 1989/2372 and 1990/1598

P2 S. 46(1): s. 25(1)(with ss. 25(2), 26(1)(3)(d), 44(3) and 46(1)) power exercised by S.I.1991/1805

Marginal Citations

M1 1978 c. 30.

M2 1981 c. 67.

M3 1972 c. 20.

M4 1984 c. 27.