Paragraph 7

England, Wales and Scotland

(1)

Where a wayleave is granted to a licence holder under paragraph 6 above—

(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 in the exercise of any right conferred by such a wayleave any damage is caused to land or to moveables, any person interested in the land or moveables may recover from the licence holder compensation in respect of that damage; and where in consequence of the exercise of such a right a person is disturbed in his enjoyment of any land or moveables he may recover from the licence holder compensation in respect of that disturbance.

(3)

Compensation under this paragraph may be recovered as a lump sum or by periodical payments or partly in one way and partly in the other.

(4)

Any question of disputed compensation under this paragraph shall be determined by the Tribunal; and F1section 4 of the M1Land Compensation Act 1961 or sections 9 and 11 of the M2Land Compensation (Scotland) Act 1963 shall apply to any such determination.

Annotations

Textual amendments

F1: Words in Sch. 4 para. 7(4) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 192(a) (with Sch. 5)

Marginal citations

M1: 1961 c. 33.
M2: 1963 c. 51.

Notes on Schedule 4

Modifications

C1: Sch. 4 applied (with modifications) (1.9.2004) by Energy Act 2004 (c. 20), ss. 143(2), 198(2); S.I. 2004/2184, art. 2(2), Sch. 2