PART 6

Powers of licence holders

Other powers over land

Compensation for damage or disturbance
81
1
Where the exercise of a power under section 78(1) or 79(1) 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 or over the land or the 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.
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 (2) 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.