The Act Overview Wayleave rights Section 70: Acquisition of necessary wayleave
163.On an application by a licence holder, the Scottish Ministers may grant a necessary wayleave conferring a network wayleave right on a licence holder if it is considered necessary or expedient for a purpose connected with the supply of thermal energy by means of a heat network by the licence holder (subsection (1)).
164.A necessary wayleave has effect for the period specified in the necessary wayleave and is subject to terms and conditions considered by the Scottish Ministers to be appropriate (subsection (2)).
165.A necessary wayleave may include a development condition (subsection 3) which is defined in subsection (4) by reference to the definition in section 69(5) to (7) with necessary modifications to terminology.
166.A licence holder may apply for a necessary wayleave in respect of land only if either the licence holder has given notice to the owner of the land setting out the licence holder’s request to acquire a network wayleave right (subsection (5)(a)(i)), or where the licence holder cannot ascertain the name or address of the owner of the land after reasonable enquiry, the licence holder has given notice in such form and manner as may be specified by the Scottish Ministers by regulations (subsection (5)(a)(ii)). One of the conditions set out in subsection (6) must apply. In terms of subsection (7) a notice referred in subsection (5)(a)(i) must state the reasons why the conferral of a network wayleave right is sought and 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 or grant a wayleave document.
167.The Scottish Ministers must allow representations to be made by the persons referred to in subsection (8) before granting a necessary wayleave.
168.The power conferred by subsection (1) does not apply in relation to land held (or used by, or on behalf of) a Minister of the Crown or department of the Government of the United Kingdom (subsection (9)).