45.—[F1(1) The provisions of the Drainage Order specified in Part I of Schedule 5 shall, with the modifications of those provisions specified in Part III of that Schedule, apply in relation to canal schemes in the same manner as those provisions apply in relation to drainage schemes under that Order and those provisions, as so modified, shall have effect as if they were provisions of this Part.
(1A) The provisions of the Drainage Order specified in Part II of Schedule 5 shall, with the modifications of those provisions specified in Part III of that Schedule, apply in relation to works under this Part (including works undertaken in pursuance of a canal scheme) in the same manner as those provisions apply in relation to drainage schemes under that Order and those provisions, as so modified, shall have effect as if they were provisions of this Part.]
(2) Article 25 of the Drainage Order (power of Department to carry out works on behalf of other persons) and Article 32 of, and Schedule 6 (except paragraph 2) to, that Order (protection of watercourses) shall apply in relation to waterways as those provisions apply to watercourses within the meaning of that Order.
(3) Article 26 of the Drainage Order (power of Department to contribute to cost of works) shall apply in relation to waterways as that Article applies to designated watercourses within the meaning of the Drainage Order.
F1Art. 45(1)(1A) substituted for art. 45(1) (1A) and (1A) (1.12.2019) by The Waterways (Environmental Impact Assessment) Regulations (Northern Ireland) 2019 (S.R. 2019/209), regs. 1(1), 18(2) (with reg. 3(2))
Modifications etc. (not altering text)
C1Arts. 41-56: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 3 Pt. 2 (with art. 9(2))