"David Biddulph" groups [at] biddulph.org.uk wrote in message
...

Regulation of Railways Act 1889
http://www.statutelaw.gov.uk/content...oc Id=1061371
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That is the relevant act and as in another post the act requires an intent
to travel without a ticket.
Remember that in 1889 the railways were private companies and the government
would not have
passed laws that allowed a private company to raise their 'terms and
conditions' to the same level as
acts of parliament.

Obviously acts after post war nationalization and before privatization
would have treated BR as an arm of the government.

A difference might be:
I worked for a branch of the government at one time and the rules were
that I could be searched on leaving the site, I could be searched on leaving
the site.
I now work for a private company and the terms and conditions of my
employment say I can be searched on leaving the site. I can be sacked for
not allowing a search, they cannot force a search.