Flood Risk Management (Scotland) Act 2009 (asp 6)

Part 4 S Flood risk management: local authority functions

General power S

58 Limits of general power: statutory undertakings S

(1) A local authority may not exercise the power under section 56 in a way which—

(a) damages any works or property belonging to a statutory undertaker, or

(b) interferes with the carrying on of its statutory undertaking,

unless the undertaker consents.

(2) But consent is not required if it is withheld unreasonably.

(3) It is for the Scottish Ministers to determine any question which arises as to whether consent has been withheld unreasonably, and their decision is final.

Commencement Information

I1 S. 58 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(a)