Other powers over land
Section 78: Power to carry out survey
189.Subsection (1) provides that a licence holder may carry out a survey for the purpose of determining whether the land is suitable for a purpose connected with the construction or operation of a heat network.
190.Before carrying out a survey the licence holder, must give the occupier of the land at least 14 days’ notice (subsection (2)). A right to carry out a survey includes the right to search and bore the land in order to ascertain the nature of the subsoil and the presence of minerals or other matter (subsection (3)) provided the required notice is given.
191.Subsection (5) provides that a person carrying out a survey has a right of entry at all reasonable times and, at the request of the occupier or owner, must provide evidence of their authority to carry out the survey. The person must also ensure that as little disruption and damage is caused as possible and if damage is caused take reasonable steps to remedy the damage.
192.Subsection (6) makes it an offence to intentionally obstruct, without reasonable excuse, a person from exercising the power conferred under this section. A person who commits an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale (subsection (7)).
Section 79: Power to enter land to replace or repair apparatus
193.Subsection (1) provides that a licence holder may exercise a network land right for a purpose connected with the supply of thermal energy by means of a heat network by the licence holder. A “network land right” is defined in subsection (2) and includes the right to install and repair existing apparatus in land and carry out any works to the land that are necessary for or incidental to those works.
194.Subsection (3) provides that a network land right includes the power to fell, lop, or cut back the roots of any tree or shrub that is in close proximity to heat network apparatus that is being, or is to be installed in order to prevent the tree or shrub from obstructing or interfering with the installation, maintenance or operation of the apparatus or from constituting a danger to persons.
195.Subsection (4) sets out the requirements for notification of the intention to carry out a network land right, but does not apply in respect of emergency works (subsection (5)). Subsection (10) provides a definition of “emergency works” as works carried out by virtue of a network land right for the purposes of stopping anything already occurring, or preventing anything imminent from occurring that is likely to cause danger to persons or property and/or the interruption of supply provided by the licence holder, and includes any other works that are reasonable to carry out with those works. The requirements for notification of emergency works are provided for in subsection (6).
196.Subsection (7) provides that a person exercising a network land right has a right of entry to the land at all reasonable times and, at the request of the occupier or owner, must provide evidence of their authority to act. The person must also ensure that as little disruption and damage is caused as possible and if damage is caused take reasonable steps to remedy the damage.
197.Subsection (8) makes it an offence to intentionally obstruct, without reasonable excuse, a person from exercising the power conferred by subsection (1). A person who commits an offence under subsection (8) is liable on summary conviction to a fine not exceeding level 3 on the standard scale (subsection (9)).
Section 80: Restrictions on powers of licence holders
198.If the carrying out of a survey or the exercise of a network land right is likely to obstruct or interfere with a statutory undertaker’s undertaking, a licence holder may only exercise the powers conferred under this section with the consent of the statutory undertaker concerned, unless consent is unreasonably withheld. The Scottish Ministers will determine whether consent has been unreasonably withheld. Subsection (5) defines “statutory undertaker”.
Section 81: Compensation for damage or disturbance
199.Section 81 makes provisions in respect of compensation payable for damage or disturbance caused by a licence holder in the exercise of their power to enter on to land to carry out a survey or to replace or repair apparatus.
200.Subsection (2) provides that disputes about compensation are to be referred to and determined by the Lands Tribunal for Scotland. Subsection (3) sets out how sections of the Land Compensation (Scotland) Act 1963 apply.
201.The Scottish Ministers may make further provision about compensation by regulations (subsection (4)).
