Office of Public Sector Information
SCHEDULE continued
Subject to the provisions of this Order, where the Council are by this Order authorised to purchase land compulsorily then at any time after notice to treat has been served, they may, after giving to the owner and occupier of the land not less than 3 months' notice in writing, enter on and take possession of the land or such part thereof as is specified in the notice without previous consent or compliance with the provisions of sections 83 to 88 of the [1845 c. 19.] Lands Clauses Consolidation (Scotland) Act 1845, but subject to payment of the like compensation for the land of which possession is taken and interest on the compensation awarded as would have been payable if those provisions had been complied with.
In determining a question with respect to compensation claimed in consequence of the compulsory purchase of land or of rights or servitudes in or over land under this Order, the tribunal shall not take into account—
(a) any interest in land; or
(b) any enhancement of the value of any interest in land, by reason of any building erected, works executed or improvement or alteration made (whether on the land purchased or on any other land with which the claimant is, or was at the time of the erection, executing or making of the building, works, improvement or alteration, directly or indirectly concerned);
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works, or the making of the improvement or alteration, as the case may be, was not reasonably necessary.
(1) Where an interest in land is subject to a standard security—
(a) any compensation which is payable under this Order in respect of the depreciation in value of that interest shall be calculated as if the interest were not subject to the standard security;
(b) a claim for the payment of any such compensation may be made by the heritable creditor under a standard security granted before the happening of the event giving rise to the compensation, but without prejudice to the making of a claim by any other person; and
(c) any such compensation payable in respect of the interest in land subject to the standard security shall be paid to the heritable creditor or where there is more than one heritable creditor, to the first ranking heritable creditor, and shall in either case be treated by the heritable creditor as if it were received as proceeds of sale and applied in the order of priority specified in section 27 of the [1970 c. 35.] Conveyancing and Feudal Reform (Scotland) Act 1970.
(2) In this section“standard security” includes a bond and disposition in security and any other real right in the nature of a security.
In determining the amount of compensation or purchase money payable to any person in respect of his interest in land acquired under this Order in a case where—
(a) he has an interest in any other land contiguous with or adjacent to the land so acquired; and
(b) the value of his interest in any such contiguous or adjacent land is enhanced by reason of the works authorised by this Order or any of them;
the amount of the enhancement in value shall be set off against the compensation or purchase money.
Subject to the provisions of this Order, and in connection with the powers granted to them thereby, the Council may enter into agreements with any owners of property or other persons interested in lands, houses or property with respect to the purchase by the Council of any such lands, houses or property or any rights or servitudes in, over or affecting the same for such consideration, being a sum of money in gross or a grant of land or partly money and partly land, as may be agreed upon between the Council and such owners or other persons.
The Council may enter into agreements with the owners of, or other persons interested in, any land which may be acquired under the provisions of this Order, or which may be in the neighbourhood of any of the works, with respect to the reinstatement of such owners or other persons and with respect to the exchange of lands for that purpose and the Council may pay or receive money for equality of exchange.
(1) The powers of the Council under section 5 (Power to take lands) of this Order for the compulsory purchase of lands for the purposes of this Order shall cease on 31st December 2002.
(2) The powers of the Council for the compulsory acquisition of such lands and servitudes shall, for the purposes of this section, be deemed to have been exercised if before 31st December 2002 notice to treat has been served in respect of those lands and servitudes.
(1) In addition to the lands which the Council are authorised to acquire by section 5 (Power to take lands) of this Order the Council may acquire, by agreement, any lands required for the following purposes:—
(a) providing for the relocation of population or industry from any lands within the limits of deviation;
(b) providing recreational land or allotments in substitution for any lands within the limits of deviation;
(c) forming junctions between the works or any part thereof and a road or other way; and
(d) executing, improving or maintaining the works.
(2) The Council may be authorised by the Secretary of State to purchase compulsorily any lands for the purposes mentioned in subsection (1) of this section and the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to any such compulsory purchase as if this section had been contained in a public general Act in force immediately before the commencement of that Act.
(3) The Council may use any lands acquired by them in pursuance of the provisions of subsection (1) or (2) of this section, or any other land vested in them, for such purposes and for the purposes of section 25 (Subsidiary works) of this Order.
(1) Notwithstanding anything to the contrary contained in the [1845 c. 19.] Lands Clauses Consolidation (Scotland) Act 1845, the Council may retain, hold and use for such time as they think fit or may from time to time sell, feu, lease, excamb or otherwise dispose of any lands vested in or belonging to them for the purpose of the works or that may be acquired under the provisions of this Order and that on such terms, conditions, reservations and restrictions as regards its use (not inconsistent with any condition, restriction or obligation binding on the Council and their successors in title) as to the Council may seem fit.
(2) The proceeds of the sale of any lands by the Council shall be applied only to purposes to which capital is properly applicable including the redemption of debt.
(1) If the deposited plans, or the deposited book of reference, are inaccurate in their description of any land, or in their statement or description of the ownership or occupation of any land, the Council, after giving not less than 10 days' notice to the owner, lessee or occupier of the land in question, may apply to the sheriff for the correction thereof.
(2) If on any such application it appears to the sheriff that the misstatement or wrong description arose from mistake he shall certify the fact accordingly and shall in his certificate state in what respect any matter is misstated or wrongly described.
(3) The certificate shall be deposited in the office of the Clerk of the Parliaments and a copy thereof in the Private Bill Office, House of Commons, and with the sheriff clerk and with the council solicitor and thereupon the deposited plans and the deposited book of reference shall be deemed to be corrected according to the certificate and it shall be lawful for the Council to take the land or, as the case may be, a right over the land and execute the works in accordance with the certificate.
(4) A person with whom a copy of a certificate is deposited under this section shall keep it with the other documents to which it relates.
Subject to the provisions of this Order, the Council may construct in the lines and situations and within the limits of deviation shown on the deposited plans and according to the levels shown on the deposited sections—
(a) the works specified in Part I of Schedule 3 to this Order together with all necessary and proper appliances, works and conveniences incidental or subsidiary thereto; and
(b) the further works specified in Part II of Schedule 3 to this Order together with all necessary and proper appliances, works and conveniences incidental or subsidiary thereto.
(1) Subject to the provisions of this Order, the Council may, within the limits of deviation shown on the deposited plans, construct whether temporarily or permanently, all such subsidiary or incidental works and conveniences as may be necessary or expedient for the purposes of, or in connection with, the construction, maintenance and use of the works, including but without prejudice to the foregoing—
(a) stations, platforms and stopping places, and accesses to them;
(b) works for the alteration or demolition of any building;
(c) works to alter the position of any street furniture or apparatus, including mains, sewers, drains and cables;
(d) works to alter the course of, or otherwise interfere with non-navigable rivers, streams or watercourses;
(e) works for the prevention of flooding;
(f) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works;
(g) works for the benefit or protection of premises affected by the authorised works;
(h) works for the alteration or maintenance of any bridge over a guided busway (other than a bridge forming part of the operational land of Railtrack);
(i) apparatus in a guided busway, any road or other way; and
(j) works for the provision and alteration of parking facilities and buildings in connection with such facilities.
(2) In the exercise of the powers conferred by this section the Council shall—
(a) cause as little detriment and inconvenience to any person as circumstances allow; and
(b) make compensation to the owners and occupiers of any lands injuriously affected.
(3) Such compensation, in case of difference, shall be determined in accordance with the provisions of the Land Compensation Act.
In the construction and maintenance of the works, the Council may deviate laterally from the lines or situations of the works shown on the deposited plans to any extent not exceeding the limits of deviation shown upon those plans and may deviate vertically from the levels shown on the deposited sections to any extent upwards not exceeding 6 metres between point Z1 and point Z2, shown on the section for Work No. 4, and between point Z3 and point Z4 shown on the section for Work No. 2, and 3 metres elsewhere and to such extent downwards as may be found necessary or convenient and may alter the radius of any curve shown or described on the deposited plans and increase or diminish any inclination or gradient shown thereon.
(1) Subject to the provisions of this Order, the Council may stop up the whole or such part or parts as they think fit of so much of the roads and other ways described in Schedule 4 to this Order shown on the deposited plans as intended to be stopped up, and thereupon all rights of way over the said roads and other ways or parts thereof shall be extinguished and the site and soil thereof shall vest in the Council who may appropriate and use the same.
(2) Any person who suffers loss by—
(a) the appropriation of any site of which he is the owner; or
(b) the extinguishment of any private right;
under this section shall be entitled to be paid by the Council compensation to be determined in case of dispute under and in accordance with the Land Compensation Act.
(3) The Council may reserve a means of passage along any road or other way stopped up by them pursuant to the powers conferred on them by this section for persons on horseback or leading a horse, pedestrians or pedal cyclists.
(1) Subject to the provisions of this Order, the Council may, for the purposes and during the execution of the works and in maintaining the same, temporarily from time to time break up or cross over or under, alter, divert or stop up, remove or otherwise interfere with, any road, way, lane, footway, footpath, cycle track, bridleway, railway, passage, bridge, sewer, drain, watercourse, water main and pipe and electric or telecommunication apparatus in any of the lands shown on the deposited plans and specified in the deposited book of reference with which they may from time to time find it expedient for any of those purposes so to interfere and, where appropriate may for a reasonable time divert the traffic therefrom.
(2) Without prejudice to the generality of subsection (1) above, the Council may exercise the powers of this section in relation to the roads and other ways specified in columns (1) and (2) of Schedule 5 to this Order to the extent specified by reference to the letters and numbers shown on the deposited plans, in column (3) of that Schedule.
(3) The Council shall provide, when possible and where reasonably practicable, a proper temporary substitute before interrupting the pedestrian or vehicular traffic on any such road, way, lane, footway, footpath, cycle track, bridleway, railway, passage or bridge or the flow of sewage, water, electricity or telecommunication in any such sewer, drain, watercourse, main, pipe or apparatus.
(4) The Council shall make compensation to all persons injuriously affected by the exercise of such powers.
(5) Such compensation, in case of difference, shall be determined in accordance with the provisions of the Land Compensation Act.
Before the Council exercise the powers conferred on them by this section they shall give not less than 21 days' prior written notice to the following persons of their intention so to do:—
(i) the operator of any public service vehicles or railway services whose service will be interrupted by the exercise of such power;
(ii) the joint police board for the area of Lothian and Borders; and
(iii) where the exercise by the Council of the powers of this section will affect any road, the traffic authority for that road.
(b) In this subsection the term“public service vehicle” shall have the meaning assigned to it in section 1 of the [1981 c. 14.] Public Passenger Vehicles Act 1981.
(1) For the purpose of draining or carrying away surface water from the works or otherwise, the Council may, within the limits of deviation shown on the deposited plans lay down any drains, sewers, conduits or pipes and other works and maintain, alter or remove any such works and make any convenient connections with any available river, stream or watercourse, or with any sewer or drain.
(2) The Council shall not—
(a) discharge any surface water into any sewer or drain of the sewerage authority except with the consent of the sewerage authority, whose consent shall not be unreasonably withheld, and subject to such terms and conditions as the sewerage authority may reasonably impose; or
(b) make any opening into any sewer or drain of the sewerage authority except in accordance with plans approved by the sewerage authority, but approval of those plans by the sewerage authority shall not be unreasonably withheld.
(3) Before commencing any work pursuant to a consent granted or approval given by the sewerage authority under subsection (2) (a) or (b) above the Council shall give notice to the sewerage authority so as to enable them to supervise the execution of the work, and shall offer them reasonable facilities for doing so.
(4) Section 30F of the [1974 c. 40.] Control of Pollution Act 1974 shall apply to, or to the consequences of, a discharge under the powers of this section into any controlled waters or inland waters within the meaning assigned to those expressions by section 30A(1) of that Act as if this section were not a provision of a local Act or a statutory order for the purposes of section 30I(1)(f) of that Act.
(5) Unless otherwise agreed by the parties any difference arising between the Council and the sewerage authority under this section (other than a difference as to its meaning or construction) shall be determined by arbitration.
(6) In this section“sewerage authority” means the East of Scotland Water Authority.
(1) All materials removed by the Council under the powers conferred on them by this Order and all materials (other than any apparatus belonging to a statutory undertaker or any telecommunication apparatus belonging to or used by the operator of a telecommunications code system) removed by the Council from any road or other way or other place or otherwise obtained by them in the construction and maintenance of the works shall vest in the Council.
(2) The Council may use all or any of the said materials for the purposes of the construction or maintenance of the works, or they may sell or otherwise dispose of the said materials as they think fit.
(3) In this section the expression“statutory undertaker” has the meaning given to it in the Act of 1997.
If the works are not completed by 31st December 2007, the powers by this Order granted for executing the works or otherwise in relation thereto shall cease except as to so much thereof as is then completed.
The Council may make provision for guided vehicles to take priority over other means of transport at any junction of a guided busway or a way dedicated for use by a guided vehicle and a road or other way.
(1) The Council may fell or lop any tree or shrub in or near any guided busway authorised by this Order or cut back its roots, if they reasonably believe it to be necessary to do so to prevent the tree or shrub from obstructing or interfering with the construction or operation of the guided busway or any apparatus in connection with it, or from constituting a danger to passengers or other persons using the guided busway.
(2) In exercising the powers of this section the Council shall do no unnecessary damage to any tree or shrub and shall pay compensation to any person who may sustain loss or damage by reason of the exercise of those powers.
(3) Every case of compensation under subsection (2) above shall be determined in accordance with the Land Compensation Act.
Subject to the provisions of this Order any enactment relating to the construction, operation or use of the railways of Railtrack authorised to be realigned or otherwise affected by this Order shall continue to have effect in relation to those railways as so realigned or affected.
(1) This section applies to the areas bounded by a broken line on the plan deposited with this Order, entitled “Edinburgh Park and Hermiston Gait”.
(2) The Council may install such apparatus in, lay out such markings on, and carry out such operations in respect of, any road, footpath or other way (whether existing or still to be formed) within Edinburgh Park and Hermiston Gait as may be necessary or expedient for the provision of guided vehicle services in or through Edinburgh Park or Hermiston Gait, including, without prejudice to the generality of the foregoing, the installation of traffic signals, traffic and other signs, passenger information indicators, lighting, ticketing facilities and bus shelters.
(3) Guided vehicles used in the provision of guided vehicle services may pass and repass over, and stop on, roads and other ways within Edinburgh Park and Hermiston Gait.
For the protection of the several undertakers referred to in this section the following provisions shall unless otherwise agreed in writing between the Council and the undertakers concerned apply and have effect:—
(1) In this section—
(a) apparatus means—
(i) in relation to electricity undertakers, electric lines or electrical plant (as defined in the [1989 c. 29.] Electricity Act 1989) belonging to or maintained by such undertakers; and
(ii) in relation to gas or water and sewerage undertakers, any mains, pipes or other apparatus belonging to such undertakers;
and includes any building or works constructed for the lodging therein of apparatus;
“in” in a context relating to apparatus includes under, over, across, along or upon;
“plans” means plans, sections, elevations, working drawings and specifications;
“position” includes depth;
“specified work” means such part of any of the works authorised by this Order as in its execution and maintenance will or may interfere with or affect the support of any apparatus; and
“the undertakers” means any person authorised to carry on, in any area within which the Council are by this Order authorised to purchase land or execute works, an undertaking for the supply of gas or for the supply of water and for the provision of sewerage or for the generation, transmission or supply of electricity; and, in relation to any apparatus, means the undertakers to whom it belongs or by whom it is maintained;
(b) references to the acts or defaults of the Council include the acts or defaults of their workmen or servants or of their contractors or agents or the workmen or servants of such contractors or agents:
(2) Nothing in this section shall apply to any works in a road or other way:
(3) Notwithstanding anything in this Order or shown on the deposited plans the Council shall not acquire otherwise than by agreement any apparatus or land belonging to the undertakers:
(4) At least 28 days before commencing the execution of any specified work the Council shall give the undertakers notice thereof in writing accompanied by plans of such specified work showing the manner in which and the materials with which the same is to be executed and also showing the means to be employed by the Council not only for protecting the apparatus during the execution of such specified work and for securing the continuous supply or provision of electricity, gas or water and sewerage but also for making good any damage to or interference with the apparatus resulting from the execution of such specified work and if it should appear to the undertakers that such specified work will interfere with, damage or endanger their apparatus or materially impede the supply or provision of electricity, gas or water and sewerage the undertakers may within 21 days of the receipt of such notice require the Council to alter the position of the apparatus or to support the same or to substitute such other apparatus as may be required by the undertakers in such manner as may be agreed or determined by arbitration in accordance with the provisions of this section:
Provided that if the undertakers do not requisition the Council as aforesaid the Council may proceed with the execution of such specified work in accordance with the notice given by them and the accompanying plans:
(5) Where a requisition has been given by the undertakers under the last foregoing paragraph the protective works agreed upon or determined as aforesaid shall be executed by and at the expense of the Council but to the satisfaction of and under the superintendence of the undertakers (if after notice given to them by the Council of the time and place of such execution they choose to be represented thereat) and the whole reasonable expenses incurred by the undertakers by or through such superintendence shall be paid by the Council:
Provided that the undertakers may intimate by notice in writing to the Council within 14 days after the receipt by the undertakers of notice of the intended commencement of the specified work their intention themselves to do and execute such protective works and the Council shall on the completion thereof pay to the undertakers the whole reasonable expenses incurred by them in the execution of such protective works as may be agreed on or determined as aforesaid:
(6) If the position of any of the apparatus is altered by the Council or the undertakers or if other apparatus is substituted therefor as provided for in paragraphs (4) and (5) of this section the undertakers may within 21 days of the receipt by them of the notice referred to in paragraph (4) of this section require the Council to or may within the said period notify the Council of their intention themselves to substitute and may substitute apparatus of a greater size than the apparatus so altered or removed and in that event the undertakers shall pay to the Council or shall themselves bear the additional cost attributable to the substitution of such larger apparatus, save to the extent that such additional cost is due to using apparatus of the nearest currently available type, capacity or dimensions:
(7) The Council shall indemnify the undertakers against all claims, demands, costs, damages and expenses made or taken against or recovered from or incurred by the undertakers by reason or in consequence of any damage done by the Council to any apparatus or of any interruption in the supply or provision by the undertakers of electricity, gas or water and sewerage which may be in any way occasioned either by reason of the execution by the Council of the works or by the acts or defaults (in or in connection with such execution) of the Council:
(8) The Council shall not be liable to the undertakers under the provisions of paragraph (7) above where or to the extent that the damage or interruption is the result of any act or omission authorised in writing by the undertakers which has not been done or omitted to be done negligently:
(9) Notwithstanding the temporary stopping up of any road or other way under the powers of this Order the undertakers may exercise the same rights of access as they now enjoy to any apparatus:
Provided that in exercising the said rights of access the undertakers shall not interrupt the execution, maintenance or use of any works of the Council authorised by this or any other order and the undertakers shall compensate the Council for any damage to such works occasioned by the exercise of the said rights:
(10) In relation to any apparatus which in the opinion of the chief engineer of an undertaker might be affected by any of the works authorised by this Order, the undertakers shall, if so requested by the Council, furnish to the Council—
(a) such plans of the apparatus as the undertakers possess or are able without unreasonable expense to obtain; and
(b) such information about the apparatus as the undertakers can reasonably be expected to supply:
(11) Unless otherwise agreed by the parties any difference arising between the Council and the undertakers under this section (other than a difference as to its meaning or construction) shall be determined by arbitration.
For the protection of Railtrack the following provisions shall unless otherwise agreed in writing between the Council and Railtrack apply and have effect:—
(1) In this section—
“construction” includes execution, placing and alteration and“construct” and“constructed” have corresponding meanings;
“the engineer” means an engineer to be appointed by Railtrack;
“plans” includes sections, drawings, soil and other reports, calculations, details of method of construction, specifications, staging proposals and programmes;
“relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred or suffered by a train operator as a consequence of any restriction of use of Railtrack’s railway network (including any station operated in connection with that network) as a result of the specified works or the failure thereof (other than a failure of Work No. 7A, if and to the extent that that Work has become the responsibility of Railtrack) or of any such failure, act or omission as is mentioned in paragraph (21) below;
“restriction of use” means the taking of any possession of any part of Railtrack’s network, the imposition of any temporary speed restriction, any alteration to the passenger rail timetable which would not otherwise be necessary, any limitation of the exercise of any right in respect of that network already enjoyed by a train operator and any other matter which diminishes the value, utility or benefit to a train operator of any permission which it may have to use Railtrack’s railway network;
“the specified works” means so much of the works as may be situated upon, across, under or over or may in any way affect railway property and includes the construction, maintenance and renewal of such works; and
“train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 of the [1993 c. 43.] Railways Act 1993; and references to the failure of Work No. 7A if and to the extent that that Work has become the responsibility of Railtrack do not include a failure of that Work which is caused in whole or substantially in part by any action, neglect or default of the Council in constructing that Work:
(2) The Council shall not under the powers of this Order acquire compulsorily any railway property but they may in accordance with the provisions of section 7 (Power to acquire servitudes compulsorily in certain cases) of this Order and, subject to paragraph (3) below, acquire such servitudes or rights over or in any railway property delineated on the deposited plans as they may reasonably require for the purposes of the specified works:
(3) The Council shall, before exercising any right of entry in or over railway property under the powers of this Order, supply to Railtrack a proper and sufficient description of the servitudes or other rights proposed to be purchased or exercised in or over that property including all material terms and conditions for that purchase or exercise (other than in respect of compensation which in case of dispute as to the amount thereof shall be referred to the tribunal) and the Council shall not enter the property until the servitudes or other rights have been approved in writing by Railtrack or settled by arbitration:
Provided that approval of the servitudes or other rights proposed to be purchased or exercised shall not be unreasonably withheld, and that if, within 56 days after such description of the servitudes or other rights proposed to be purchased or exercised has been supplied to Railtrack, they shall not have notified their disapproval of the servitudes or other rights and the grounds of their disapproval, they shall be deemed to have approved the purchase or exercise of the servitudes or other rights as proposed:
(4) The Council shall by means of a fence or barrier fence off railway property immediately adjoining the specified works to the reasonable satisfaction of the engineer where so required by him:
Except with the consent of Railtrack—
(i) the Council shall not in the exercise of the powers of this Order interrupt pedestrian or vehicular access to any operational station owned or operated by Railtrack or any other railway property without the provision of a proper temporary substitute access to the reasonable satisfaction of Railtrack; and
(ii) the provisions of section 11 (Extinguishment of private rights of way over lands acquired) of this Order shall not apply to any right of access of Railtrack to any railway property:
(b) The consent of Railtrack under this paragraph shall not be unreasonably withheld, but may be given subject to reasonable conditions:
(6) The Council shall before commencing the specified works furnish to Railtrack proper and sufficient plans thereof for the reasonable approval of the engineer and shall not commence the specified works until plans thereof have been approved in writing by the engineer or, in the event of dispute, settled by an arbiter:
Provided that if within 56 days after such plans have been furnished to Railtrack the engineer has not intimated in writing his disapproval thereof and the grounds of his disapproval, he shall be deemed to have approved the same:
(7) If, following consideration by the engineer or Railtrack of any plans or descriptions required by this Order to be submitted to either of them by the Council, the engineer or Railtrack refuse consent to or require modification of those plans or descriptions, the Council shall, following consultations with the engineer or Railtrack as appropriate, resubmit those plans or descriptions for the approval of Railtrack pursuant to the relevant paragraph of this section:
Provided that if those plans or descriptions are resubmitted as aforesaid, the engineer or Railtrack shall be required to respond within 35 days, failing which the engineer or Railtrack shall be deemed to have approved those resubmitted plans or descriptions:
(8) If within 56 days after such plans have been furnished to Railtrack, Railtrack give notice in writing to the Council that Railtrack desire themselves to construct any part of the specified works which in the reasonable opinion of the engineer will or may affect the stability of railway property, or the safe operation of traffic on the railways of Railtrack, then if the Council desire such part of the specified works to be constructed Railtrack shall construct the same with all reasonable despatch on behalf of and to the reasonable satisfaction of the Council in accordance with the plans approved or deemed to be approved or settled as aforesaid:
Provided that in the event of Railtrack not constructing or completing such part of the specified works with reasonable despatch, to the reasonable satisfaction of the Council, the Council may, after giving 28 days' notice in writing to the engineer, themselves construct or complete such part of the specified works:
(9) Upon signifying his approval or disapproval of the said 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 specified works to ensure the safety or stability of railway property or the continuation of the safe and efficient operation of the railways of Railtrack or the services of operators using the same and such protective works as may be reasonably necessary for those purposes shall be constructed by Railtrack or by the Council if Railtrack so desire, with all reasonable despatch and the Council shall not commence the construction of the specified works until the engineer shall have notified the Council that the protective works have been completed to his reasonable satisfaction:
Provided that in the event of Railtrack not constructing or completing such protective works with reasonable despatch, the Council may, after giving 28 days' notice in writing to the engineer, themselves construct or complete such works and on the completion thereof may commence the construction of the specified works:
(10) The Council shall give to the engineer 28 days' notice in writing of their intention to commence the construction of any of the specified works and except in emergency (when they shall give such notice as may be reasonably practicable) also of their intention to carry out any works for the repair or maintenance of the specified works:
(11) The specified works shall, when commenced, be carried out with all reasonable despatch in accordance with the plans approved or deemed to have been approved or settled as aforesaid and under the supervision (if given) and to the reasonable satisfaction of the engineer and in such manner as to cause as little damage to railway property as may be and so far as is reasonably practicable so as not to interfere with or obstruct the free, uninterrupted and safe use of the railway or the traffic thereon and the use by passengers of railway property and if any damage to railway property or any such interference or obstruction shall be caused or take place the Council shall (except where any such damage, interference or obstruction is caused or takes place during or in consequence of the construction of any part of the specified works by Railtrack in pursuance of paragraph (8) of this section and is attributable to the negligence of Railtrack) notwithstanding any such approval as aforesaid make good such damage and shall on demand pay to Railtrack all expenses to which they may be put and compensation for any loss which they may sustain by reason of any such damage, interference or obstruction:
City of Edinburgh (Guided Busways) Order Confirmation Act 1998