On Wed, 30 Dec 2009, 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The 1949 Act is no longer in force (which is why no U.K. current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Do you know which Act repealed it, and specifically section 57?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)

What the SI [1] says is (edited highlights):

2. -- (1) The Transport Act 1962 shall be amended as follows.
(2) The following provisions --
(b) the provisions of Schedule 2 specified in sub-paragraph (3)
shall have effect as if references to the Boards included references to
Transport for London or to any of its subsidiaries (within the meaning
of the Greater London Authority Act 1999).
(3) The provisions of Schedule 2 referred to in sub-paragraph (2)(b) are --
(b) in Part III, those relating to sections 54 (arrest), 55 (prevention
of trespass), 56 (throwing of stones etc.), 57 (rights of way) and 59
(lights of pre-emption) of the British Transport Commission Act 1949

So the mention of the 1949 act is in specifying a part of the 1962 act
"relating to" it - in schedule 2, part III. So, let's look at that act [2]:

Second Schedule - Transfer of Commission's Statutory Functions
Part III - Other Functions under Local Enactments
The British Transport Commission Act 1949
Section 57 (Rights of way over Commission's property). For references
to the Commission there shall be substituted references to any of the
Boards.

Basically, there's a table giving changes to make to the 1949 act. I think
it's section 32 of the act which puts this schedule into motion:

32. -- (1) The provisions of the Second Schedule to this Act shall as
from the vesting date have effect with respect to the distribution among
the Boards of the Commission's functions under the enactments there
mentioned.
(2) Subject to that Schedule, and to any other provision in this Act,
the functions of the Commission under any statutory provision, other
than the Transport Act 1947, the Transport Act 1953, and this Act, shall
be transferred to the Board or Boards specified in the following
provisions of this section.

There's nothing here about repealing the 1949 act, so i assume that in
1962, it was still in force.

tom

[1] http://www.statutelaw.gov.uk/documents/2003/1615/uksi
[2] http://www.statutelaw.gov.uk/documents/1962/46/ukpga

--
Few technologies will ever stand up to the will of adolescents trying
to do things they're told they're not allowed to do. -- Scott Berkun