PART 6

Powers of licence holders

Wayleave rights

Compensation on variation of a network wayleave right
73
1
Where a network wayleave right is varied under section 72(7)(a) so as to place or increase a burden on—
a
an occupier of the land, or
b
where the occupier is not also the owner of the land, the owner,
either or both of those persons may recover from the licence holder compensation in respect of the variation of the network wayleave right.
2
Any dispute about compensation under this section is to be referred to and determined by the Lands Tribunal for Scotland.
3
Sections 9 and 11 of the Land Compensation (Scotland) Act 1963 apply in relation to any determination under subsection (1) as if—
a
this section were referred to in section 9(1) of that Act, and
b
references in section 11 of that Act to the acquiring authority were references to the licence holder concerned.
4
The Scottish Ministers may by regulations make further provision about compensation payable under this section.