Question reference: S6W-22006
- Asked by: Alexander Stewart, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
- Date lodged: 16 October 2023
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Current status: Answered by Gillian Martin on 24 October 2023
Question
To ask the Scottish Government what issues are considered relevant when considering a claim for compensation from a landowner for the granting of a necessary wayleave, and whether such relevant issues should be detailed by the Reporter in their report to the Scottish Ministers.
Answer
Questions of compensation in respect of a necessary wayleave will not be addressed by the Reporter when making a recommendation on whether a necessary wayleave should be granted. Although, issues which relate to the impact on the use or enjoyment of the land which may subsequently be the subject of a claim for compensation may be considered by the Reporter.
The Scottish Ministers have no power under Schedule 4 to the 1989 Electricity Act to prescribe financial conditions in any necessary wayleave case or to resolve disputes on the level of compensation. Compensation will fall to be settled by agreement between the parties or, failing agreement, by the Lands Tribunal for Scotland at the request of either party.