Part 4

Marine licensing

Special provision for certain cases

Electronic communications apparatus
36
1
The Scottish Ministers must not issue a licence to carry out any activity which amounts to or involves the exercise of a right conferred by Part 9 of Schedule 3A to the Communications Act 2003 (the electronic communications code) (works in connection with electronic communications apparatus) 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 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, for any loss or damage sustained by those persons in consequence of the activity being carried out.
Pt. 4 modified (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 8, 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, Sch.
S. 36 in force at 6.4.2011 by S.S.I. 2011/58, art. 3(a)
Words in s. 36(1) substituted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 56; S.I. 2017/1286, reg. 2(d)