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(4) The Board shall, before commencing the construction of the specified works, including temporary works, furnish to the waterways board proper and sufficient plans thereof for the reasonable approval of the engineer, and shall not commence the construction of the specified works until plans thereof have been approved in writing by the engineer or determined by arbitration:

Provided that, if within 56 days after such plans have been furnished to the waterways board the engineer shall not have notified his disapproval thereof and the grounds of his disapproval, he shall be deemed to have approved the plans as submitted:

(5) Upon signifying his approval or disapproval of the plans the engineer may specify any protective works, whether temporary or permanent, which in his opinion should be carried out before the commencement of the construction of the specified works to ensure the safety or stability of the canal and such protective works as may be reasonably necessary for those purposes shall be constructed by the Board with all reasonable dispatch:

(6) The Board shall pay to the waterways board a capitalised sum representing the increased or additional cost of maintaining and, when necessary, renewing any permanent protective works provided under paragraph (5) above, but, if the cost of maintaining, or of works of renewal on, the canal is reduced in consequence of any such protective works, a capitalised sum representing such saving shall be set off against any sum payable by the Board to the waterways board under this section:

(7) The Board shall give to the engineer not less than 28 days' notice of their intention to commence the construction of the specified works or any protective works, except in emergency (when they shall give such notice as may be reasonably practicable), of their intention to carry out any works for the repair or maintenance of the specified works in so far as such works of repair or maintenance affect or interfere with the canal so that, in particular, the waterways board may where appropriate arrange for the publication of notices bringing those works to the attention of users of their inland waterways:

(8) The Board shall provide and maintain at their expense such temporary lighting of the canal and signal lights in the vicinity of the specified works as the engineer may reasonably require during the construction or failure of the specified works:

(9) The construction of the specified works shall, when commenced, be carried out with all reasonable dispatch in accordance with the approved plans and under the supervision (if given), and to the reasonable satisfaction, of the engineer, and in such manner as to cause as little damage as may be to the canal and as little interference as may be with the passage of vessels using the canal and, if any damage to the canal or any stoppage thereof or any interference with the passage of vessels using the canal shall be caused by the construction of the specified works, or by the passage of vehicles, plant and machinery used in connection therewith, the Board shall, notwithstanding any such approval as aforesaid, make good such damage and on demand pay to the waterways board all reasonable expenses to which they may be put and compensation for any loss which they may sustain by reason of any such damage, stoppage or interference:

(10) Without prejudice to paragraph (9) above the Board, following the completion of the initial construction of the specified works, shall restore the canal to a condition no less satisfactory than its condition immediately prior to the commencement of those works:

(11) The Board shall at all times afford reasonable facilities to the engineer for access to the specified works during their construction and shall supply him with all such information as he may reasonably require with regard to the specified works or the method of construction thereof:

(12) The Board shall not in the course of constructing the specified works or otherwise in connection therewith pollute or deposit any materials in the canal or do or permit anything which may result in such pollution and shall take such steps as the engineer may reasonably require to avoid or make good any breach of their obligations under this paragraph:

(13) The Board shall repay to the waterways board all costs, charges and expenses reasonably incurred by the waterways board—

(a) in respect of the employment of any inspectors, watchmen and other persons whom it shall be reasonably necessary to appoint for inspecting, watching and lighting the canal and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of the specified works;

(b) in respect of the approval by the engineer of plans supplied by the Board under paragraph (4) above and the supervision by him of the construction of the specified works;

(c) in bringing the specified works to the notice of users of the canal:

(14) The Board shall be responsible for and make good to the waterways board all costs, charges, damages and expenses not otherwise provided for in this section which may be occasioned to, or reasonably incurred by, the waterways board—

(a) by reason of the construction of the specified works or the failure thereof; or

(b) by reason of any act or omission of the Board or of any persons in their employ, or of their contractors or others whilst engaged upon the construction of the specified works;

and the Board shall effectively indemnify and hold harmless the waterways board from and against all claims and demands arising out of, or in connection with, the construction of the specified works or any such failure, act or omission as aforesaid and the fact that any act or thing may have been done in accordance with plans approved by the engineer, or in accordance with any requirement of the engineer or under his supervision, shall not (if it was done without negligence on the part of the waterways board or of any person in their employ, or of their contractors or agents) excuse the Board from any liability under the provisions of this paragraph:

Provided that the waterways board shall give to the Board reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the Board:

(15) Nothing in this section shall extend to regulate—

(a) the alteration, maintenance and repair by the Board of the aqueduct; or

(b) the alteration, maintenance and repair by the Board of the specified works after completion of their initial construction in relation to the aqueduct;

and in these respects the rights and obligations as between the Board and the waterways board created by Schedule No. 1 to the Minute of Agreement between those Boards dated 10th April and 26th June and registered in the Books of the Lords of Council and Session for preservation on 9th July, all being months in the year 1964, shall be exercisable and observed between those Boards notwithstanding anything to the contrary in subclause (Two) (b) of clause X of that Agreement:

(16) Any difference arising between the Board and the waterways board under this section (other than a difference as to the meaning or construction of this section) shall be determined by arbitration.

Part V General

35 Saving for town and country planning

(1) The [1972 c. 52.] Town and Country Planning (Scotland) Act 1972, and any orders, regulations, rules, schemes and directions made or given thereunder and any restrictions or powers thereby imposed or conferred in relation to land shall apply and may be exercised in relation to any land notwithstanding that the development thereof is or may be authorised by this Order.

(2) Subject to subsection (3) below, in their application to development authorised by this Order, article 3 of, and Class 29 in Part 11 of Schedule 1 to, the [S.I. 1992/223 (S. 17).] Town and Country Planning (General Permitted Development) (Scotland)Order 1992 (which permit development authorised by any local or private Act or by any order approved by both Houses of Parliament, being an Act or order designating specifically both the nature of the development thereby authorised and the land on which it may be carried out) shall have effect as if the authority to develop given by this Order were limited to development begun within 10 years after the passing of the Act confirming this Order.

(3) Subsection (2) above shall not apply to the carrying out of any development consisting of the alteration, maintenance or repair of works or the substitution of new works therefor.

36 Arbitration

Where under any provision of this Order any difference (other than a difference to which the provisions of the Lands Clauses Acts apply) is to be determined by arbitration, then, unless otherwise provided, the difference shall be referred to, and settled by, a single arbiter to be agreed between the parties or, in default of agreement, to be appointed on the summary application of any party (after notice in writing to the other) by the sheriff.

37 Repeal and disapplication of enactments

(1) The enactments specified in columns (1) and (2) of Part I of Schedule 4 to this Order are hereby repealed to the extent specified in column (3) of that Part.

(2) The enactments specified in Part II of the said Schedule 4 shall cease to have effect in their application to Work No. 2.

SCHEDULES

Section 7.

SCHEDULE 1 Station works referred to in section 7 of this Order

Section 9.

SCHEDULE 2 Means of access referred to in section 9 of this Order

Section 16.

SCHEDULE 3

Part I Means of access referred to in section 16 of this Order

Part II Temporary working sites[Section 17.]

1 In this Part of this Schedule“the designated lands” means any of the lands shown on the deposited plans within a line marked “Limit of land to be used” and numbered on those plans 6, 8, 11, 19, 25a and 40 in the district of Cumnock and Doon Valley.

2 The Board, in connection with the construction of Work No. 1 and after giving to the owners and occupiers of the designated lands not less than 28 days' notice in writing of intended entry, may—

(a) enter upon and take possession temporarily of the designated lands;

(b) remove any structures and vegetation on the designated lands; and

(c) construct on the designated lands such temporary works or structures as may be required by them.

3 The Board shall not, by reason of the exercise of the powers of paragraph 2 above, be required to purchase any part of the designated lands.

4 On the exercise of the powers conferred by paragraph 2 above, the following provisions shall have effect:—

(1) The Board shall not, without the agreement of the owners and occupiers of the designated lands, remain in possession of any part thereof after a period of one year from the completion of the works for which such possession has been taken:

(2) Before giving up possession of the designated lands, the Board shall remove all temporary works or structures and restore the designated lands to the reasonable satisfaction of the owners and occupiers thereof:

(3) The Board shall compensate the owners and occupiers of the designated lands for any loss or damage which may result to them by reason of the exercise of the powers of this Part:

(4) Nothing in this Part shall relieve the Board from liability to compensate under section 6 or 43 of the Act of 1845 or under any other enactment, in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under sub-paragraph (3) above:

(5) Any dispute as to a person’s entitlement to compensation under sub-paragraph (3) above or as to the amount thereof shall be determined by the tribunal.

Section 37.

SCHEDULE 4

Part I Repeals

Part II Enactments disapplied in respect of Work No. 2