[F18AElectronic communications apparatus: operations in tidal waters etcU.K.
(1)The Scottish Ministers must not issue a licence to carry out any operation which amounts to, or involves the exercise of, a right conferred by [F2Part 9 of Schedule 3A of the Communications Act 2003 (the electronic communications code)] unless they are satisfied that adequate compensation arrangements have been made.
(2)For the purposes of subsection (1) “adequate compensation arrangements” are adequate arrangements for compensating any persons—
(a)who appear to the Scottish Ministers to be owners of interests in the tidal water or lands on, under or over which the right is to be exercised,
(b)for any loss or damage sustained by those persons in consequence of the operation being carried out.]
Textual Amendments
F1S. 8A inserted (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 5 (with ss. 111, 323(6)); S.I. 2011/556, art. 3(2)(a)
F2Words in s. 8A(1) substituted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 22; S.I. 2017/1286, reg. 2(d)