8AElectronic communications apparatus: operations in tidal waters etc

1

The Scottish Ministers must not issue a licence to carry out any operation which amounts to, or involves the exercise of, a right conferred by paragraph 11 of the electronic communications code set out in Schedule 2 to the Telecommunications Act 1984 unless they are satisfied that adequate compensation arrangements have been made.

2

For the purposes of subsection (1) “adequate compensation arrangements” are adequate arrangements for compensating any persons—

a

who appear to the Scottish Ministers to be owners of interests in the tidal water or lands on, under or over which the right is to be exercised,

b

for any loss or damage sustained by those persons in consequence of the operation being carried out.