On Thu, 31 Dec 2009, Richard J. wrote:
Tom Anderson wrote on 31 December 2009 15:09:26 ...
On Wed, 30 Dec 2009, wrote:
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
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?
I haven't found the whole Act (it doesn't seem to be online
atwww.statutelaw.gov.uk), but there's a direct quotation from the
relevant section 57, as amended by later legislation,
athttp://www.planning-inspectorate.gov.uk/pins/row_order_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The 1949 Act is no longer in force (which is why no U.K. current statute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)
Are you sure? It's not in the Statute Law Database, certainly, and that
does claim to have everything that was in force in 1991 or after.
However! There are certainly mentions of it post 1991 which imply that it
*was *still in force - the SI that prompted by previous post, and also a
proposed amendment in 1994 [1]. In the debate on that amendment, the MP for
Thurrock said:
I could find only one copy of the primary statute -- the British
Transport Commission Act 1949 -- in the Palace of Westminster and that
took some discovery late at night on Thursday, before the Bill was
published.
So perhaps this is an act which is in force, but of which all the copies
have gone missing, and hence it's not in the database.
TSO are offering a printed copy for ?6. ISBN 9780105201557
They say it's printed on demand. If you ask for a copy, they'll print
one within 1 to 3 days, which I guess means they have an electronic
copy.
I wouldn't absolutely rule out the possibility that they send someone up
to the Commons archives to photocopy it! But yes, you're almost certain
right. I wonder how it slipped through the SLD's net, if indeed it has?
tom
--
There are many ways of going crazy, but the most valuable of them is
this one which makes a genius out of an ordinary man. -- Claudio Grondi