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[19th January 1973]4P ART I [{3}, with the approval of the Department of the
Civil Service,] services of staff) of one party to the arrangement or
agreement available to the other; B but nothing in the arrangement or
agreement shall diminish in any respect any responsibility of any party for
any act or thing done by it or on its behalf. B>(3) A scheme under paragraph
(1) shall specify C >>( a ) the extent of the works to be carried out; and C
>>( b ) the manner in which, and the persons by whom and in what proportion,
the cost of carrying out the scheme and of maintaining or operating anything
constructed thereunder are to be borne. B >(4) For the purposes of carrying
into effect in Northern Ireland any scheme under paragraph (1), the Ministry
or any agent authorised by it to act on its behalf may carry out any such
works as are referred to in Article 21(3)( a ) to ( d ), and the Ministry may,
without prejudice to any other provision of this Article, exercise any power
exercisable by it under any other provision of this Order. B>(5) Nothing in
this Article or in any scheme, arrangement or agreement made thereunder shall
C >>( a ) prejudice the application of any provision of this Order in relation
to any watercourse, or part of a watercourse, which is in Northern Ireland; or
C >>( b ) prevent the Ministry from preparing and carrying into effect any
drainage scheme under this Order, or exercising any other function under this
Order, in relation to so much of any watercourse as is in Northern Ireland; B
and so much of any scheme under this Article as relates to a part of any
watercourse in Northern Ireland may be treated as a separate scheme for the
purposes of any provision of this Order, and Article 42(1) shall apply to any
expenses incurred by the Ministry in respect thereof. N Noxious weeds ]
regulated by the Ministry under the provisions of this Order.
(2) Where any damage mentioned in paragraph (1) has been caused by the
negligent construction or repair of any embankment, dam or sluice so
mentioned, any person who suffers loss from that damage may obtain reasonable
compensation therefor from the Ministry, and, in assessing compensation under
this paragraph, regard shall be had to any remedial works which the Ministry
may have carried out, or agreed to carry out, in order to make good the
damage.
© 1973 Crown Copyright
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