4.—(1) The following provisions of the Railway Clauses Consolidation (Scotland) Act 1845(1) so far as the same are applicable for the purposes and are not inconsistent with, or varied by, the provisions of this Order, are incorporated with and form part of this Order:—
Section 16 (Works to be executed);
Section 18 (Alteration of water and gas pipes, &c.);
Section 19 (Company not to disturb pipes until they have laid down others);
Section 20 (Pipes not to be laid contrary to Act of Parliament, and 18 inches surface road to be retained);
Section 21 (Company to make good all damage);
Section 23 (Penalty for obstructing supply of gas or water);
Section 60 (Maintenance of gates, bridges, fences, drains and watering places);
Section 68 (Penalty on persons omitting to fasten gates);
Section 79 (Company to employ locomotive power, carriages, &c.).
(2) Subject to the provisions of this Order such of the enactments set out in the Second Schedule to the principal Act as are still in force except section 22 (Communication between passengers and the company’s servants to be provided) of the Regulation of Railways Act 1868(2) and section 1 (Power to order certain provisions to be made for public safety) and section 5 (Penalty for avoiding payment of fare) of the Regulation of Railways Act 1889(3) shall cease to apply to the railways.
(3) In its application to the railways the said section 22 of the Regulation of Railways Act 1868 shall be read, construed and have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.