Flood Risk Management (Scotland) Act 2009

82 Compensation

(1) SEPA must compensate any person who has sustained damage in consequence of—

(a) any exercise of the power in section 76(1)(c) or (d), or

(b) the exercise of a right of entry conferred by section 79(1) (including the ancillary rights mentioned in section 81(1) and (2)).

(2) A local authority must compensate any person who has sustained damage in consequence of—

(a) scheme operations carried out by or on behalf of the local authority,

(b) the subsequent maintenance of any such operations by or on behalf of the local authority,

(c) any other exercise of the power in section 56(1),

(d) the carrying out of works under section 59,

(e) the variation or revocation of an improvement order under section 61, or

(f) the exercise of a right of entry conferred by section 79(2) (including the ancillary rights mentioned in section 81(1) and (2)).