Paragraph 31 Determination of market value

(1)

In making the determination under paragraph 29, the appropriate person must have regard to—

(a)

the amount of any payment required by the manager for the grant of equivalent rights in, under or over any part of the Scottish foreshore, Scottish coastal waters or the Scottish zone;

(b)

the amount of any payment required by the Commissioners for the grant of equivalent rights in, under or over any part of the foreshore, the territorial sea or the exclusive economic zone;

(c)

any representations made by the Gas and Electricity Markets Authority following consultation under paragraph 30; and

(d)

any duly-made representation provided to the appropriate person by any of the following—

(i)

the manager,

(ii)

the relevant person,

(iii)

the Treasury.

(2)

In this paragraph—

“duly-made representation” means a representation which complies with all relevant requirements notified in writing by the appropriate person to the maker of the representation; and
“relevant requirement” means a requirement as to—
1. (a)
  
  the content or length of a representation, or
2. (b)
  
  the date by which a representation must be submitted to the appropriate person,
provided that any requirement under paragraph (b) must not take effect any earlier than 28 days after the day on which the requirement is notified to the maker of the representation.