Heat Networks (Scotland) Act 2021

77 Compensation in connection with network wayleave rights

(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.