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Rights of successors to British Transport Commission
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 (see para. 8) The 1949 Act is no longer in force (which is why no U.K. current statute database contains any of its terms), Do you know which Act repealed it, and specifically section 57?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 |
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