The Act Overview Wayleave rights Section 76: Requirement to remove apparatus when notified
184.Subsection (1) specifies the circumstances in which section 76 applies. It applies where a person (the “right holder”) has a right to remove (or require the removal of) any heat network apparatus installed in the land by a licence holder, and the right holder seeks the removal of all or part of the heat network apparatus.
185.In such a case, in order to have the apparatus removed the right holder has to give written notice to the licence holder requesting that the apparatus be removed (subsection (2)). In terms of subsection (3) and (4) the licence holder must comply with the notice given by no later than the period of 3 months beginning on the day notice is given, unless the licence holder applies for the grant of a necessary wayleave or submits a compulsory purchase order for confirmation. If the application for the grant of a necessary wayleave is refused, or the compulsory purchase order is not confirmed, the licence holder must comply with the notice given within 3 months of the Scottish Ministers’ decision (subsection 5).