Part 4Flood risk management: local authority functions

General power

I158Limits of general power: statutory undertakings

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.