Heat Networks (Scotland) Act 2021

80 Restrictions on powers of licence holders

(1) This section applies where—

(a) land is occupied by a statutory undertaker and the carrying out of a survey of the land under section 78(1) is likely to obstruct or interfere with the statutory undertaker’s undertaking, or

(b) land is occupied by a statutory undertaker and the exercise of a network land right in relation to the land under section 79(1) is likely to obstruct or interfere with the statutory undertaker’s undertaking.

(2) Where this section applies, a licence holder may exercise the power mentioned in section 78(1) or 79(1) only with the consent of the statutory undertaker concerned.

(3) But consent is not required under subsection (2) if it is withheld unreasonably by the statutory undertaker.

(4) It is for the Scottish Ministers to determine any question which arises as to whether consent has been withheld unreasonably for the purposes of subsection (3), and their decision is final.

(5) In this section—

• “statutory undertaker” means—

  (a)

  the holder of a licence under section 6(1) of the Electricity Act 1989,

  (b)

  a gas transporter within the meaning of Part 1 of the Gas Act 1986,

  (c)

  the Civil Aviation Authority,

  (d)

  a holder of a licence under Chapter 1 of the Transport Act 2000,

  (e)

  the operator of an electronic communications code network within the meaning of paragraph 1(1) of schedule 17 of the Communications Act 2003,

  (f)

  any other person who is a statutory undertaker within the meaning of section 214(1) of the Town and Country Planning (Scotland) Act 1997,

• “undertaking”—

  (a)

  means, in relation to a person mentioned in paragraphs (a) to (e) in the definition of “statutory undertaker”, the person’s undertaking,

  (b)

  means, in relation to Scottish Water, its core functions within the meaning of section 70(2) of the Water Industry (Scotland) Act 2002,

  (c)

  otherwise has the meaning given in the Town and Country Planning (Scotland) Act 1997.