F1 SCHEDULES

C1SCHEDULE 4 Other Powers etc. of Licence Holders

Annotations:
Modifications etc. (not altering text)
C1

Sch. 4 applied (with modifications) (1.9.2004) by Energy Act 2004 (c. 20), ss. 143(2), 198(2); S.I. 2004/2184, art. 2(2), Sch. 2

Provisions supplementary to paragraph 6

7

1

Where a wayleave is granted to a licence holder under paragraph 6 above—

a

the occupier of the land; and

b

where the occupier is not also the owner of the land, the owner,

may recover from the licence holder compensation in respect of the grant.

2

Where in the exercise of any right conferred by such a wayleave any damage is caused to land or to moveables, any person interested in the land or moveables may recover from the licence holder compensation in respect of that damage; and where in consequence of the exercise of such a right a person is disturbed in his enjoyment of any land or moveables he may recover from the licence holder compensation in respect of that disturbance.

3

Compensation under this paragraph may be recovered as a lump sum or by periodical payments or partly in one way and partly in the other.

4

Any question of disputed compensation under this paragraph shall be determined by the Tribunal; and F2section 4 of the M1Land Compensation Act 1961 or sections 9 and 11 of the M2Land Compensation (Scotland) Act 1963 shall apply to any such determination.