Desmo Paul wrote:
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 commissionmust
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?
Hmm, I found
Railway and Canal Commission (Abolition) Act 1949 (c.11)
At
http://www.statutelaw.gov.uk/
Which transferred functions from the aforementioned commission to the
courts.
Can't see a British Transport Commission Act though.
Could it be a case of the wrong title?
I can't find a s57 in that act though, only goes up to s8.
Have you tried the '47 Transport Act?
Following from Clive's post:
In the Crossrail Act 2008, I found reference to:
British Transport Commission Act 1949 (c. xxix)
1949 c. 29 is, according to statuelaw.gov.uk, "The Consular Conventions
Act 1949" ... maybe I don't understand the numbering, or I'm getting the
Roman numerals wrong, but I think xxix = x + x + (x - i) = 10 + 10 + (10
- 1) = 10 + 10 + 9 = 29?
I also found a reference to the BTC Act 1949 in:
The Railways Act 1993 (Consequential Modifications) (No. 2) Order 1999
(No. 1998)
In fact, when I do a full text search, I find 61 results that reference
the British Transport Commission Act 1949, the latest being "The
Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order
2009 (No. 83)" which specifies the amount of a fixed penalty for certain
offences defined in the 1949 act.
I've emailed the contact email address at statutelaw.gov.uk to ask why
the 1949 act isn't on the database.
Rgds
Denis McMahon