Author Topic: The RANT thread (often contains fruity language)  (Read 1711056 times)

Regulator

  • That's Councillor Regulator to you...
Re: The RANT thread (often contains fruity language)
« Reply #22075 on: February 13, 2020, 03:06:55 pm »
In my waters where two acts appear to contradict one another, the newer one wins (or at the very least the definition within the act applies to that act over and above any previous definition). Luckily the wildlife and countryside act 1981 section 66 clarifies things. I don't recall cycling on any bridleways during the intervening months of ambiguity so will sleep easily again.

That's not how legislation works...

Also s.66 of the Wildlife & Countryside Act 1981 makes clear that the provisions of s.30(1) of the Countryside Act 1968 are not relevant for the purposes of that Part of the 1981 Act:

"The provisions of section 30(1) of the 1968 Act (riding of pedal cycles on bridleways) shall not affect the definition of bridleway in subsection (1) and any rights exercisable by virtue of those provisions shall be disregarded for the purposes of this Part."
Quote from: clarion
I completely agree with Reg.

Green Party Councillor

Re: The RANT thread (often contains fruity language)
« Reply #22076 on: February 13, 2020, 03:38:23 pm »
So if there are two pieces of legislation that appear contradict one another, if it is not the most recent that takes precedence, how is it decided ? I thought it was called implied repeal or something similar. Maybe you could explain it in simply to someone less expert than yourself.

Regulator

  • That's Councillor Regulator to you...
Re: The RANT thread (often contains fruity language)
« Reply #22077 on: February 13, 2020, 04:52:36 pm »
So if there are two pieces of legislation that appear contradict one another, if it is not the most recent that takes precedence, how is it decided ? I thought it was called implied repeal or something similar. Maybe you could explain it in simply to someone less expert than yourself.

If there are two legislation that appear to contradict each other (which isn't actually the case here, as the 1980 definition is limited in scope to that Act and the 1981 definition specifically excludes the 1968 provision) then it would be for a court to decide - Parliament makes the laws and judges interpret them. 

There is a doctrine of implied repeal but it doesn't apply to all legislation.  It is also tempered by the presumptions that the court will take into account in interpreting legislation:

- A presumption against retrospective effect of legislation
- A presumption against alteration of the law
- A presumption against the Crown being bound

Certain basic approaches to interpretation then apply:

- the Literal: words must be interpreted according to their literal, ordinary and natural meaning;
- where there's ambiguity, the Purposive:  words are interpreted not only in their ordinary sense but also with reference to their context and purpose;
- the Mischief Rule (see Heydon's Case)

There are various permutations and combinations and subsets of these approaches as well.
Quote from: clarion
I completely agree with Reg.

Green Party Councillor

Re: The RANT thread (often contains fruity language)
« Reply #22078 on: February 13, 2020, 07:39:09 pm »
In my waters where two acts appear to contradict one another, the newer one wins (or at the very least the definition within the act applies to that act over and above any previous definition). Luckily the wildlife and countryside act 1981 section 66 clarifies things. I don't recall cycling on any bridleways during the intervening months of ambiguity so will sleep easily again.

That's not how legislation works...

Also s.66 of the Wildlife & Countryside Act 1981 makes clear that the provisions of s.30(1) of the Countryside Act 1968 are not relevant for the purposes of that Part of the 1981 Act:

"The provisions of section 30(1) of the 1968 Act (riding of pedal cycles on bridleways) shall not affect the definition of bridleway in subsection (1) and any rights exercisable by virtue of those provisions shall be disregarded for the purposes of this Part."
Thanks I had misunderstood. Rather than saying it was not relevant, I thought it was saying something along the lines of  “a bridleway is a right of way for walking, riding a horse as long as there are no other rights (if you disregard the rights for cyclists given in 1968)”


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Re: The RANT thread (often contains fruity language)
« Reply #22079 on: February 13, 2020, 09:33:44 pm »
The hilarious thing with this particular "footway closed" sign was that it was because their was a hole in the pavement about a yard from a set of steps from a front door that run right across the pavement to the kerb meaning you have to divert into the road anyway. The village is hilly with a drop of up to  four feet between the road and and front doors. Sometimes the path rises to the doors and sometimes their are steps, presumably built before there was actually a defined pavement. The house in question with the steps was built in about 1700.
I think you'll find it's a bit more complicated than that.

Re: The RANT thread (often contains fruity language)
« Reply #22080 on: February 14, 2020, 06:29:41 am »
Fucking hell! I come here for some quality ranting and colourful bastard language, not polite, informed, discussion!
Get ranting or piss off!

(This post to be taken with pinches of salt)
L'enfer, c'est les autos.

Re: The RANT thread (often contains fruity language)
« Reply #22081 on: February 14, 2020, 07:59:07 am »
^ ^ POTD ^ ^
Rust never sleeps

Cudzoziemiec

  • Waking up now, put the kettle on!
Re: The RANT thread (often contains fruity language)
« Reply #22082 on: February 14, 2020, 08:06:29 am »
For fuck's sake! I've got enough on my plate without strangers on the internet complaining about irrelevant shit! If you don't like it, you can just get back in your electron. Now. Wifi must have fried your branez. If you can't put up with me complaining about this, which I have every right to do, then you'll just have to bloody well lump it, because... Hang on, what was I complaining about?
I do not ride a great big Mercian, gangster tanwalls, fixed cog in the back.

Cudzoziemiec

  • Waking up now, put the kettle on!
Re: The RANT thread (often contains fruity language)
« Reply #22083 on: February 14, 2020, 08:26:27 am »
Now this is a real rant (that didn't exist at previous post). A fucking stupid pop up box has just appeared on my browser telling me I can "take a snapshot, draw a circle or oval and watch it change into a heart." Valentine's special, obvs. FFS just no! No no NO NO NO
NO
I do not ride a great big Mercian, gangster tanwalls, fixed cog in the back.

Re: The RANT thread (often contains fruity language)
« Reply #22084 on: February 14, 2020, 08:55:28 am »
Was it suggesting this about a yacf post?

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Cudzoziemiec

  • Waking up now, put the kettle on!
Re: The RANT thread (often contains fruity language)
« Reply #22085 on: February 14, 2020, 04:12:04 pm »
That would actually have made sense! In as far as it ever could. But it was just a pop up window-let, illustrated with a circle turning into a heart drawn around a box of (heart shaped) cookies.
I do not ride a great big Mercian, gangster tanwalls, fixed cog in the back.

Giraffe

  • I brake for Giraffes
Re: The RANT thread (often contains fruity language)
« Reply #22086 on: February 14, 2020, 05:04:02 pm »
It might be that cyclists have a right to use a bridleway but do not have priority - the two are often confused/interchanged.
AIUI people have a right to use the highway, unless specifically prohibited (is a m'way actually a highway in that case?) and motorists have permission to use it.
2x4: thick plank; 4x4: 2 of 'em.

Re: The RANT thread (often contains fruity language)
« Reply #22087 on: February 14, 2020, 05:20:07 pm »
L'enfer, c'est les autos.

Re: The RANT thread (often contains fruity language)
« Reply #22088 on: February 15, 2020, 05:38:04 pm »
Dear rain: please stop. Seriously. My bedroom is now uninhabitable thanks to the vast amount of water that's been pouring in through an ever-expanding leak. I have run out of buckets and towels and patience. >:(

Kim

  • Timelord
Re: The RANT thread (often contains fruity language)
« Reply #22089 on: February 15, 2020, 05:45:45 pm »
Ohnoes!

I hope this isn't going to turn into one of those protracted roofing sagas....
Careful, Kim. Your sarcasm's showing...

Mrs Pingu

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Re: The RANT thread (often contains fruity language)
« Reply #22090 on: February 15, 2020, 06:40:12 pm »
+1
Do not clench. It only makes it worse.

Re: The RANT thread (often contains fruity language)
« Reply #22091 on: February 15, 2020, 07:01:45 pm »
Oh shit, that's not good. I don't know where you are but the forecast I'm looking at says there will be quite a lot of rain overnight  :(
Quote from: tiermat
that's not science, it's semantics.

Basil

  • Um....err......oh bugger!
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Re: The RANT thread (often contains fruity language)
« Reply #22092 on: February 15, 2020, 08:09:22 pm »
Uh oh.
IMG_20200215_190909 by Basil W, on Flickr
Quote from: Kim
And remember that friends who organise things on Facebook aren't proper friends anyway.

Re: The RANT thread (often contains fruity language)
« Reply #22093 on: February 15, 2020, 09:02:20 pm »
At last, the rain has stopped for now.

Still, the bedroom's in a state, the spare room's also not an option (I've been building bookshelves in there) so tonight we shall be camping on an airbed in the living room!

Re: The RANT thread (often contains fruity language)
« Reply #22094 on: February 15, 2020, 09:47:14 pm »
At last, the rain has stopped for now.

Still, the bedroom's in a state, the spare room's also not an option (I've been building bookshelves in there) so tonight we shall be camping on an airbed in the living room!

...and now the bedroom's in even more of a state, because part of the ceiling has fallen in. :facepalm:

Kim

  • Timelord
Re: The RANT thread (often contains fruity language)
« Reply #22095 on: February 15, 2020, 09:50:14 pm »
...at least airbeds float?   :(
Careful, Kim. Your sarcasm's showing...

Basil

  • Um....err......oh bugger!
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Re: The RANT thread (often contains fruity language)
« Reply #22096 on: February 15, 2020, 09:56:34 pm »
At last, the rain has stopped for now.

Still, the bedroom's in a state, the spare room's also not an option (I've been building bookshelves in there) so tonight we shall be camping on an airbed in the living room!

...and now the bedroom's in even more of a state, because part of the ceiling has fallen in. :facepalm:

Bloody hell mate.  Sympathies.
Not much help, I know, but we're thinking of you.
Quote from: Kim
And remember that friends who organise things on Facebook aren't proper friends anyway.

hellymedic

  • Just do it!

Jaded

  • The Codfather
  • Formerly known as Jaded
Re: The RANT thread (often contains fruity language)
« Reply #22098 on: February 16, 2020, 12:43:53 am »
Crikey!

Roofs leaking has passed us now, after significant work four years ago.

But towels, buckets, drips and stains still wage war in my dreams...

Hopefully you’ll be like that soon
If you don't like your democracy, vote against it.

ElyDave

  • Royal and Ancient Polar Bear Society member 263583
Re: The RANT thread (often contains fruity language)
« Reply #22099 on: February 16, 2020, 07:46:44 am »
At last, the rain has stopped for now.

Still, the bedroom's in a state, the spare room's also not an option (I've been building bookshelves in there) so tonight we shall be camping on an airbed in the living room!

...and now the bedroom's in even more of a state, because part of the ceiling has fallen in. :facepalm:

Bloody hell mate.  Sympathies.
Not much help, I know, but we're thinking of you.

+1, hope its reasonably easily resolved
“Procrastination is the thief of time, collar him.” –Charles Dickens