Commentary on Sections Part 7 – Statutory Undertakers Section 59 – Compensation for removal of water, gas, electricity or communications apparatus
201.Under section 134(3) of the Roads (Scotland) Act 1984 (c.54) where apparatus of a statutory undertaker is removed under section 224 of the Town and Country Planning (Scotland) Act 1997 any person who is an owner or occupier of premises to which a supply (e.g. gas, electricity etc.) was given from that apparatus is entitled to be compensated for having to connect the premises to other apparatus from which a supply is given. The purpose of section 59 is to ensure that the principle of compensating for a loss of supply applies under the Act.
202.Accordingly subsection (1) enables an owner or occupier to seek compensation from the Scottish Ministers for reconnection of a supply, provided that the supply was provided by apparatus of those described within subsection (2).