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?

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 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...3800_7_41m.pdf
(see para. 8)

--
Richard J.
(to email me, swap 'uk' and 'yon' in address)

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)

--
Richard J.
(to email me, swap 'uk' and 'yon' in address)- Hide quoted text -

- Show quoted text -

The 1949 Act is no longer in force (which is why no U.K. current
statute database contains any of its terms), but from Butterworths
online service, the following preamble is still listed:-


"British Transport Commission Act 1949
1949 CHAPTER xxix
An Act to empower the British Transport Commission to construct works
and to acquire land to empower the Mersey Docks and Harbour Board to
dispose of certain lands to the Commission to make provision as to the
rates dues and charges leviable by the Commission at certain of their
docks to authorise the closing for navigation of portions of certain
inland waterways to amend in certain respects the River Lee Water Act
1855 as amended by subsequent enactments to extend the time for the
compulsory purchase of certain lands the completion of certain works
and the exercise of certain powers to confer further powers on the
Commission and for other purposes.

[30 July 1949]

And whereas it is the duty of the Commission (inter alia) so to
exercise their powers under the Act of 1947 as to provide or secure or
promote the provision of an efficient adequate economical and properly
integrated system of public inland transport and port facilities
within Great Britain for passengers and goods and for that purpose to
take such steps as they consider necessary for extending and improving
the transport and port facilities within Great Britain in such manner
as to provide most efficiently and conveniently for the needs of the
public agriculture commerce and industry:
And whereas it is expedient that the Commission should be empowered to
construct the works authorised by this Act and to acquire the lands
referred to in this Act:
And whereas it is expedient to authorise the Mersey Docks and Harbour
Board to dispose of certain lands in the county borough of Birkenhead
to the Commission:
And whereas it is expedient that the Commission should be authorised
to levy at their Holyhead Harbour and Hull Docks rates dues and
charges in accordance with the provisions of this Act:
And whereas the Commission are the owners of the Swansea Canal
authorised by the Act 34 Geo 3 c 109 and the Monmouthshire Canal
authorised by the Act 32 Geo 3 c 102 and are the navigation authority
in respect of the Aire and Calder Navigation of which the portion of
the river Aire in this Act mentioned forms part:
And whereas the portions of the said respective canals and of the
river Aire in this Act mentioned have not for sometime past been used
for purposes of navigation and it is expedient that the Commission
should be relieved of their obligations to maintain the said portions
of canals and river for navigation:
And whereas it is expedient to make provision as in this Act contained
with respect to the payments to be made by the Metropolitan Water
Board to the Commission under the River Lee Water Act 1855 as amended
by subsequent enactments:
And whereas as it is expedient that the periods now limited for the
compulsory purchase of certain lands the completion of certain works
and the exercise of certain powers by the Commission should be
extended as provided by this Act:
And whereas it is expedient that the other powers in this Act
contained should be conferred upon the Commission and that the other
provisions in this Act contained should be enacted:
And whereas plans and sections showing the lines or situations and
levels of the works to be constructed under the powers of this Act and
plans of the lands authorised to be acquired by this Act and a book of
reference to such plans containing the names of the owners and lessees
or reputed owners and lessees and of the occupiers of the said lands
were duly deposited with the clerks of the county councils of the
several counties and the town clerks of the county boroughs within
which the said works will be constructed or the said lands are
situated which plans sections and book of reference are respectively
referred to in this Act as the deposited plans the deposited sections
and the deposited book of reference:
And whereas the purposes of this Act cannot be effected without the
authority of Parliament:
May it therefore please Your Majesty that it may be enacted and be it
enacted by the King's most Excellent Majesty by and with the advice
and consent of the Lords Spiritual and Temporal and Commons in this
present Parliament assembled and by the authority of the same as
follows:—"

Hope this helps!

M.M.

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)

--
Richard J.
(to email me, swap 'uk' and 'yon' in address)

On Dec 30, 1:12�pm, "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)

--
Richard J.
(to email me, swap 'uk' and 'yon' in address)- Hide quoted text -

- Show quoted text -

Unfortunately, Richard, because of the hotch-potch way legislation
operated in this Country, there is no one piece of legislation simply
repealing the Act as a whole. It will, over the past 50 years, have
been chipped away piece by piece by amending and/or repealing
legislation. There is only one cross-reference on the current listing
of the Act, which relates to the repeal of Section 53 (all other
Sections presumably having been repealed many years ago) and that is

"Repealed by the Railways and Transport Safety Act 2003, ss 73(1),
118, Sch 5, para 1, Sch 8."

Then, when looking at Schedule 8, all it states is:-

"Short title and chapter Extent of repeal
British Transport Commission Act 1949
(c xxix) Section 53 "

I don't have time to do it now, but the only probable way of finding
out what has happened to the old Section 57 of the 1949 Act is to
check through the more recent railway legislation, which might
somewhere in a Schedule contain a repeal, or replacement, or even a
Section itself stating something like "All previous references to
British Transport Commission" shall now be as if to "Secretary of
State for Transport", but this is unlikely as that would have left
Section 57 unaltered save for the replaced words.

Sorry I can't be more helpful at the moment!

M.M.

wrote on 30 December 2009 15:16:29 ...
On Dec 30, 1:12?pm, "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)

Unfortunately, Richard, because of the hotch-potch way legislation
operated in this Country, there is no one piece of legislation simply
repealing the Act as a whole. It will, over the past 50 years, have
been chipped away piece by piece by amending and/or repealing
legislation. There is only one cross-reference on the current listing
of the Act, which relates to the repeal of Section 53

Yes, that concerned the transport police.

I don't have time to do it now, but the only probable way of finding
out what has happened to the old Section 57 of the 1949 Act is to
check through the more recent railway legislation, which might
somewhere in a Schedule contain a repeal, or replacement, or even a
Section itself stating something like "All previous references to
British Transport Commission" shall now be as if to "Secretary of
State for Transport", but this is unlikely as that would have left
Section 57 unaltered save for the replaced words.

I'm not convinced that the 1949 Act has been completely repealed,
piecemeal or otherwise. The Crown Prosecution Service website contains
this:
"Railway Offences: Such offences will involve using a variety of
statutory offences dating back to the 1840s. ... References in Sections
54-57 of the British Transport Commission Act 1949 shall include
references to any successor of the British Railways Board."
It then goes on to describe offences such as trespass (section 55) and
damaging trains (section 56), indicating that the 1949 Act is still in
force. The page was last updated in December 2007.
http://www.cps.gov.uk/legal/p_to_r/r...ilway_Offences
(from the CPS home page via Legal Resources, Legal Guidance, then look
in the A-Z list for Road Traffic Offences (sic), and under that
'Transport Offences', 'Railway Offences'.)
--
Richard J.
(to email me, swap 'uk' and 'yon' in address)

Richard J. wrote

I'm not convinced that the 1949 Act has been completely repealed,
piecemeal or otherwise. The Crown Prosecution Service website
contains
this:
"Railway Offences: Such offences will involve using a variety of
statutory offences dating back to the 1840s. ... References in
Sections
54-57 of the British Transport Commission Act 1949 shall include
references to any successor of the British Railways Board."
It then goes on to describe offences such as trespass (section 55)
and
damaging trains (section 56), indicating that the 1949 Act is still
in
force. The page was last updated in December 2007.

http://www.cps.gov.uk/legal/p_to_r/r...ransport_offen
ces/#Railway_Offences
(from the CPS home page via Legal Resources, Legal Guidance, then
look
in the A-Z list for Road Traffic Offences (sic), and under that
'Transport Offences', 'Railway Offences'.)

But to prosecute those offenses all that is required is to prove the
Act was passed and amended.

It would be up to the defending side to find the repeal if it exists.

In many cases a more general offense like Criminal Damage would cover
the ground.

--
Mike D

On 30 Dec, 23:27, "Michael R N Dolbear" wrote:
Richard J. wrote

I'm not convinced that the 1949 Act has been completely repealed,
piecemeal or otherwise. *The Crown Prosecution Service website
contains
this:
"Railway Offences: *Such offences will involve using a variety of
statutory offences dating back to the 1840s. *... References in
Sections
54-57 of the British Transport Commission Act 1949 shall include
references to any successor of the British Railways Board."
It then goes on to describe offences such as trespass (section 55)
and
damaging trains (section 56), indicating that the 1949 Act is still
in
force. *The page was last updated in December 2007.

http://www.cps.gov.uk/legal/p_to_r/r...ransport_offen
ces/#Railway_Offences

(from the CPS home page via Legal Resources, Legal Guidance, then
look
in the A-Z list for Road Traffic Offences (sic), and under that
'Transport Offences', 'Railway Offences'.)

But to prosecute those offenses all that is required is to prove the
Act was passed and amended.

It would be up to the defending side to find the repeal if it exists.

In many cases a more general offense like Criminal Damage would cover
the ground.

--
Mike D

Thank you all for the input and for the detailed extract. Much
appreciated and adds to my limited knowledge.

On 30 Dec, 12:08, " 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)

--
Richard J.
(to email me, swap 'uk' and 'yon' in address)- Hide quoted text -

- Show quoted text -

The 1949 Act is no longer in force (which is why no U.K. current
statute database contains any of its terms), but from Butterworths
online service, the following preamble is still listed:-

"British Transport Commission Act 1949
1949 CHAPTER xxix
An Act to empower the British Transport Commission to construct works
and to acquire land to empower the Mersey Docks and Harbour Board to
dispose of certain lands to the Commission to make provision as to the
rates dues and charges leviable by the Commission at certain of their
docks to authorise the closing for navigation of portions of certain
inland waterways to amend in certain respects the River Lee Water Act
1855 as amended by subsequent enactments to extend the time for the
compulsory purchase of certain lands the completion of certain works
and the exercise of certain powers to confer further powers on the
Commission and for other purposes.

[30 July 1949]

And whereas it is the duty of the Commission (inter alia) so to
exercise their powers under the Act of 1947 as to provide or secure or
promote the provision of an efficient adequate economical and properly
integrated system of public inland transport and port facilities
within Great Britain for passengers and goods and for that purpose to
take such steps as they consider necessary for extending and improving
the transport and port facilities within Great Britain in such manner
as to provide most efficiently and conveniently for the needs of the
public agriculture commerce and industry:
And whereas it is expedient that the Commission should be empowered to
construct the works authorised by this Act and to acquire the lands
referred to in this Act:
And whereas it is expedient to authorise the Mersey Docks and Harbour
Board to dispose of certain lands in the county borough of Birkenhead
to the Commission:
And whereas it is expedient that the Commission should be authorised
to levy at their Holyhead Harbour and Hull Docks rates dues and
charges in accordance with the provisions of this Act:
And whereas the Commission are the owners of the Swansea Canal
authorised by the Act 34 Geo 3 c 109 and the Monmouthshire Canal
authorised by the Act 32 Geo 3 c 102 and are the navigation authority
in respect of the Aire and Calder Navigation of which the portion of
the river Aire in this Act mentioned forms part:
And whereas the portions of the said respective canals and of the
river Aire in this Act mentioned have not for sometime past been used
for purposes of navigation and it is expedient that the Commission
should be relieved of their obligations to maintain the said portions
of canals and river for navigation:
And whereas it is expedient to make provision as in this Act contained
with respect to the payments to be made by the Metropolitan Water
Board to the Commission under the River Lee Water Act 1855 as amended
by subsequent enactments:
And whereas as it is expedient that the periods now limited for the
compulsory purchase of certain lands the completion of certain works
and the exercise of certain powers by the Commission should be
extended as provided by this Act:
And whereas it is expedient that the other powers in this Act
contained should be conferred upon the Commission and that the other
provisions in this Act contained should be enacted:
And whereas plans and sections showing the lines or situations and
levels of the works to be constructed under the powers of this Act and
plans of the lands authorised to be acquired by this Act and a book of
reference to such plans containing the names of the owners and lessees
or reputed owners and lessees and of the occupiers of the said lands
were duly deposited with the clerks of the county councils of the
several counties and the town clerks of the county boroughs within
which the said works will be constructed or the said lands are
situated which plans sections and book of reference are respectively
referred to in this Act as the deposited plans the deposited sections
and the deposited book of reference:
And whereas the purposes of this Act cannot be effected without the
authority of Parliament:
May it therefore please Your Majesty that it may be enacted and be it
enacted by the King's most Excellent Majesty by and with the advice
and consent of the Lords Spiritual and Temporal and Commons in this
present Parliament assembled and by the authority of the same as
follows:—"

Hope this helps!

M.M.

Can a legal easement be obtained over land owned by a railway
company? Or rather could it be obtained say in 1955 whether latterly
repealed or not? It seems railway land was curiously protected?

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