Electricity - necessary wayleaves: guidance for applicants, landowners and occupiers – 2022 update

Appendix 4 - Glossary Of Terms

Compulsory wayleave

Another name for a necessary wayleave.

DPEA

The Planning and Environment Appeals Division, the Scottish Government department responsible for the conduct of a range of planning and environmental appeals, including the appointment of independent Reporters to consider applications for necessary wayleaves and to compile a report, with recommendations, for the Scottish Ministers.

ECU

The Energy Consents Unit, a branch of the Scottish Government Directorate for Energy and Climate Change, responsible for processing applications for necessary wayleaves.

Hearing

A formal oral process where evidence is heard on matters relevant to determination of the necessary wayleave application. A hearing takes the form of a structured discussion led by the Reporter. The procedures in relation to hearings differ from those which apply to inquiries.

Inquiry

A formal oral process where evidence is heard on matters relevant to determination of the necessary wayleave application. A public inquiry is normally more formal than a hearing. Witnesses give their evidence in front of the Reporter and can be cross-examined by other parties (normally by their legal representatives), similar to what you might see in the law courts. The procedures in relation to inquiries differ from those which apply to hearings.

Necessary wayleave

A statutory right in favour of an electricity licence holder to install and keep installed an electric line on, under or over any land and to have access to the land for the purpose of inspecting, maintaining, adjusting, repairing, altering, preplacing or removing the electric line. Necessary wayleaves are not registered against the title of the land to which they relate, but are automatically binding on successive landowners and occupiers.

Reporter

An independent person appointed by the DPEA on behalf of the Scottish Ministers to consider necessary wayleave applications and to make recommendations to the Ministers on how each application should be determined.

Section 37 Consent

Consent granted by the Scottish Ministers under section 37 of the Electricity Act 1989, authorising the installation and keeping of an above ground electric line. This is usually required for overhead lines with a nominal voltage in excess of 20 kilovolts and which do not serve a single consumer.

Servitude

A private contractual arrangement which is binding on successive landowners, entered into on a voluntary basis between landowner and electricity company. A servitude differs from a wayleave because it is registered in the Land Register for Scotland as a burden on the title to the property to which it relates. The Scottish Government has no involvement in the process of creating servitudes for electric lines.

Sist

A temporary suspension of the process of determination of the necessary wayleave application, granted at the discretion of the ECU or the DPEA only in exceptional circumstances.

Voluntary wayleave

A private contractual agreement which is not binding on successive landowners, entered into on a voluntary basis between a landowner and electricity company. The Scottish Government has no involvement in the process of creating voluntary wayleaves for electric lines.

Written submissions

A formal written process where evidence is provided on matters relevant to determination of the necessary wayleave application. Written submissions can be a quicker and cheaper means for parties to make submissions on the proposed necessary wayleave. This process can be used as an alternative to the inquiry or hearing process where parties agree.