PART 6

Powers of licence holders

Wayleave rights

Compensation in connection with network wayleave rights
77
1
Where a necessary wayleave is granted to a licence holder under section 70(1)—
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 the exercise of a network wayleave right by or on behalf of a licence holder in relation to land—
a
causes damage to the land or a thing situated on the land, the licence holder is liable to pay compensation to a person with an interest in the land or thing,
b
disturbs a person’s enjoyment of the land or a thing situated on the land, the licence holder is liable to pay compensation to the person in respect of the disturbance.
3
Any dispute about compensation under this section is to be referred to and determined by the Lands Tribunal for Scotland.
4
Sections 9 and 11 of the Land Compensation (Scotland) Act 1963 apply in relation to any determination under subsection (3) 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.
5
The Scottish Ministers may by regulations make further provision about compensation payable under this section.