Explanatory Notes

Reservoirs (Scotland) Act 2011

2011 asp 9

12 April 2011

The Act – Section by Section

Part 1 – Reservoirs

Chapter 9 – Civil Enforcement, Emergency Powers and Further Offences
Section 95 – Compensation

131.This section sets out scenarios where SEPA must pay compensation to landowners where SEPA has exercised the right to enter land under section 91and damages subsequently occur. Subsection (1) describes the scenarios which would render SEPA liable to pay compensation. Subsection (2) details who is entitled to compensation from SEPA in such circumstances. Subsection (3) determines that the Lands Tribunal for Scotland is responsible for ordering compensation. Subsection (4) sets out how such expenditure is to be treated from the SEPA point of view.