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

The reporter's recommendation and Scottish Ministers' decision

75. Following his consideration of a necessary wayleave application under the hearing, inquiry, written submission process or consideration of the application without further procedure, the Reporter will submit a written report to the Scottish Ministers with conclusions and recommendations as to whether or not the necessary wayleave applied for should be granted. The Scottish Ministers, or an official at the ECU acting under delegated authority in certain circumstances, will then consider the report and associated documentation before reaching a decision on the necessary wayleave application. Ministers do not have to agree with the Reporter's recommendation.

76. The Ministers may either grant a necessary wayleave on such terms and conditions as they think fit, or may refuse to grant a necessary wayleave.

77. The decision will be in the form of a letter, accompanied by a copy of the Reporter's report and, if a necessary wayleave is being granted, the wayleave document itself. The decision letter will be issued to the licence holder applicant, landowner and occupiers.

78. If an application for the grant of a necessary wayleave to retain an existing electric line which was lodged within three months of the date of the notice to remove is refused by the Scottish Ministers, then the licence holder has one month from the date of the refusal to remove the electric line, or such longer period as the Scottish Ministers may specify.