On Dec 30, 1:12�pm, "Richard J." wrote:
wrote on 30 December 2009 12:08:27 ...





On Dec 30, 9:39 am, "Richard J." wrote:
Desmo Paul wrote on 30 December 2009 07:38:35 ...
Does anyone know about the British Transport Commission Act 1949? �I
am told that it prevents anyone obtaining an easement over land owned
by the BTC or their successors. �The Land Registry says "Since the
passing of the British Transport Commission Act 1949, it has not
been possible to acquire a right of way by prescription over land
owned by the commission and forming an access or approach to,
among other things, any station, depot, dock or harbour belonging
to the commission (s.57, British Transport Commission Act 1949).
The references to the commission must now be read to include successor
rail authorities and the BritishWaterways Board."
I cannot find any version of the act and am wondering if anyone has
the precise text?
I haven't found the whole Act (it doesn't seem to be online at
www.statutelaw.gov.uk), but there's a direct quotation from the
relevant section 57, as amended by later legislation, at

http://www.planning-inspectorate.gov...advertising/co...

(see para. 8)
The 1949 Act is no longer in force (which is why no U.K. current
statute database contains any of its terms),

Do you know which Act repealed it, and specifically section 57? �It was
still being referred to in Statutory Instruments as recently as 2003.
(e.g. in the Transport for London (Consequential Provisions) Order 2003,
SI No. 1615)

--
Richard J.
(to email me, swap 'uk' and 'yon' in address)- Hide quoted text -

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Unfortunately, Richard, because of the hotch-potch way legislation
operated in this Country, there is no one piece of legislation simply
repealing the Act as a whole. It will, over the past 50 years, have
been chipped away piece by piece by amending and/or repealing
legislation. There is only one cross-reference on the current listing
of the Act, which relates to the repeal of Section 53 (all other
Sections presumably having been repealed many years ago) and that is

"Repealed by the Railways and Transport Safety Act 2003, ss 73(1),
118, Sch 5, para 1, Sch 8."

Then, when looking at Schedule 8, all it states is:-

"Short title and chapter Extent of repeal
British Transport Commission Act 1949
(c xxix) Section 53 "

I don't have time to do it now, but the only probable way of finding
out what has happened to the old Section 57 of the 1949 Act is to
check through the more recent railway legislation, which might
somewhere in a Schedule contain a repeal, or replacement, or even a
Section itself stating something like "All previous references to
British Transport Commission" shall now be as if to "Secretary of
State for Transport", but this is unlikely as that would have left
Section 57 unaltered save for the replaced words.

Sorry I can't be more helpful at the moment!

M.M.