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Dartford-Thurrock Crossing Act 1988


This is the original version (as it was originally enacted).

13Leases of crossing land, etc.: application of landlord and tenant law

(1)The Secretary of State shall have power to grant to the person appointed under section 11 of this Act a lease—

(a)of any land comprised in the crossing; and

(b)of any easement or right in or over land not so comprised, being an easement or right acquired by him under section 2 of this Act or transferred to him under section 6 of this Act;

if it appears to him to be expedient to do so for the purpose of or in connection with the exercise by that person of any of the functions mentioned in subsection (2) below.

(2)Those functions are—

(a)any functions of the person appointed under the contract under which he was appointed;

(b)any functions conferred or imposed by or under this Part of this Act on the crossing operator which are for the time being exercisable by the person appointed; and

(c)any functions of the Secretary of State delegated to him under section 12 of this Act.

(3)No enactment or rule of law regulating the rights and obligations of landlords and tenants shall prejudice the operation of any agreement between the Secretary of State and the person appointed so far as relates to the terms on which any land which is the subject of a lease granted in pursuance of this section is to be provided for that person’s use; and accordingly no such enactment or rule of law shall apply in relation to the rights and obligations of the parties to any lease so granted—

(a)so as to exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b)so as to confer or impose on either party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

(c)so as to restrict the enforcement (whether by action for damages or otherwise) by either party to the lease of any obligation of the other party under the lease.

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