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Wayleave rights 5 58 Network wayleave right (1) In this Part, a “network wayleave right” is a right for a licence holder— (a) to install and keep installed heat network apparatus on, under or over any land, and (b) to enter upon the land to install, inspect, maintain, adjust, alter, repair, replace, 10 upgrade, operate or remove the heat network apparatus, for a purpose connected with the supply of thermal energy, by means of a heat network, by the licence holder. (2) A network wayleave right in respect of land may be conferred on a licence holder— (a) by agreement between the licence holder and the owner of the land (in this Part, a 15 “wayleave agreement”), or (b) by a necessary wayleave. (3) In this Part— “heat network apparatus” means equipment or structure designed or adapted for use in connection with a heat network, 20 “necessary wayleave” means a necessary wayleave granted by the Scottish Ministers under section 59(1). 59 Acquisition of necessary wayleave (1) The Scottish Ministers may, on an application by a licence holder, grant a necessary wayleave to a licence holder conferring a network wayleave right on the licence holder 25 in respect of land if they consider that it is necessary or expedient for the licence holder to exercise the right for a purpose connected with the supply of thermal energy, by means of a heat network, by the licence holder. (2) A necessary wayleave— (a) has effect for the period specified in the necessary wayleave, 30 (b) is subject to such terms and conditions as the Scottish Ministers consider appropriate. (3) A licence holder may apply to the Scottish Ministers for a necessary wayleave in respect of land under this section only if— (a) the licence holder has given notice to the owner of the land setting out the licence 35 holder’s request to enter into a wayleave agreement, and (b) one of the conditions mentioned in subsection (4) applies. (4) The conditions are that the owner of the land— (a) has given the licence holder notice in writing that the owner will not enter into a wayleave agreement, Heat Networks (Scotland) Bill 27 Part 6—Powers of licence holders (b) has agreed to enter into a wayleave agreement but (either or both)— (i) subject to terms and conditions to which the licence holder objects, (ii) a person with an interest in the land (other than the owner) will not enter into, or consent to, the wayleave agreement, or 5 (c) has not agreed to enter into a wayleave agreement before the end of the period of 28 days beginning with the date on which the licence holder gave the notice under subsection (3)(a). (5) The notice must— (a) state the reasons why the wayleave agreement is proposed, and 10 (b) specify the period (which is to be not less than 28 days from the date on which the notice is given) within which the owner of the land must agree to enter into a wayleave agreement. (6) Before granting a necessary wayleave in respect of land, the Scottish Ministers must give the following persons the opportunity to make representations— 15 (a) the owner of the land, and (b) where sub-paragraph (ii) of subsection (4)(b) applies, the person referred to in that sub-paragraph. (7) Subsection (1) does not apply in relation to land held or used by or on behalf of a Minister of the Crown or a department of the Government of the United Kingdom. 20 60 Persons bound by network wayleave rights (1) Where a network wayleave right in respect of land is conferred on a licence holder by a necessary wayleave, the network wayleave right binds any person who is at any time— (a) the owner of the land, (b) an occupier of the land. 25 (2) Where a network wayleave right in respect of land is conferred on a licence holder by a wayleave agreement, the network wayleave right binds any person who is at any time— (a) the owner of the land, (b) where one of the conditions mentioned in subsection (3) applies, an occupier of the land. 30 (3) The conditions are that— (a) the occupier is— (i) a party to the wayleave agreement, or (ii) agrees to be bound by it, or (b) the occupier acquired the right to occupy the land after the wayleave agreement 35 was entered into from— (i) an owner of the land, or (ii) another person who was bound (directly or indirectly) by the network wayleave right. 28 Heat Networks (Scotland) Bill Part 6—Powers of licence holders 61 Assignation of network wayleave rights (1) A network wayleave right may be assigned by a licence holder to another licence holder. (2) But a network wayleave right in respect of land that is conferred by a necessary wayleave may be assigned to another licence holder only with the consent of the 5 Scottish Ministers. (3) A wayleave agreement is void to the extent that— (a) it prevents or limits the assignation of the network wayleave right to another licence holder, (b) it makes the assignation of the network wayleave right to another licence holder 10 subject to a condition (including a condition requiring the payment of money). 62 Requirement to remove apparatus when notified (1) Where subsection (2) applies, the owner of land in respect of which a network wayleave right is conferred on a licence holder may give written notice to the licence holder requiring the licence holder to remove any heat network apparatus from the land. 15 (2) This subsection applies if a network wayleave right— (a) expires at the end of a period as specified in the wayleave agreement or (as the case may be) the necessary wayleave, (b) is terminated by the owner of the land in accordance with a term contained in the wayleave agreement or (as the case may be) the necessary wayleave, or 20 (c) relates to heat network apparatus that ceases to be used for the purposes of a heat network. (3) In a case where subsection (2)(a) applies, a notice under subsection (1) may be given at any time after the expiry of the network wayleave right. (4) In a case where subsection (2)(b) applies, a notice under subsection (1) may be given at 25 any time after the network wayleave right is terminated. (5) In a case where subsection (2)(c) applies, a notice under subsection (1) may be given at any time after the heat network apparatus to which the network wayleave right relates ceases to be used for the purposes of a heat network. (6) The licence holder must comply with the notice given under subsection (1) by no later 30 than the end of the period of 3 months beginning with the day on which the notice is given unless subsection (7) applies. n...
Questions and Answers
Date answered:
10 March 2010
S3W-32037
To ask the Scottish Executive what proportion of receptions to prison involves ex-service personnel.
Official Report
Meeting date:
10 November 2020
Meeting of the Parliament (Hybrid) 10 November 2020
Sadly, the coronavirus pandemic made it impossible to carry out some of the commemorative events, such as the planned VIP reception for second world war veterans on VE day, followed by a parade and a concert for the public, in the manner that we had intended, due to the risk of public gatherings spreading the virus and endangering lives.
Official Report
Meeting date:
9 June 2020
Meeting of the Parliament (Hybrid) 09 June 2020
We will try to reschedule the question if possible, but it is quite clear that the reception is getting worse rather than better.
Official Report
Meeting date:
21 May 2019
Meeting of the Parliament 21 May 2019
I thank him, too, for last week’s highly successful reception in Parliament. I was delighted that Stromness museum was in attendance and that its stand was extremely busy through the evening, as were all the others.
Official Report
Meeting date:
30 April 2019
Meeting of the Parliament 30 April 2019
A few weeks ago, Alasdair Allan, Liam McArthur and I hosted a reception on the islands. That evening, we had Chris Stout, Andrew Gifford and Ross Cooper playing for the assembled company.
Official Report
Meeting date:
27 November 2018
Meeting of the Parliament 27 November 2018
I look forward to meeting some of those exceptional young people next week at the everyday heroes parliamentary reception. Our focus on education extends to our universities and colleges, and I take this moment to mention Emily Drouet.
Official Report
Meeting date:
23 October 2018
Meeting of the Parliament 23 October 2018
We are very grateful to the Edinburgh International Film Festival, which hosted the launch of our report at the Traverse theatre in June, where it received an extremely positive reception from the industry professionals who packed the theatre.
Official Report
Meeting date:
2 October 2018
Meeting of the Parliament 02 October 2018
When they reach the castle, there will be a reception to welcome them and others who have helped in organising the event, which the Cabinet Secretary for Justice will attend.
Official Report
Meeting date:
6 June 2018
Meeting of the Parliament 06 June 2018
The minister might be aware that Richard Holloway spoke at a reception that I hosted recently here at Holyrood to mark the 10th anniversary of Sistema Scotland’s big noise orchestras.
