Schedules
Schedule 8Licensing: minor and consequential amendments
Part 2Other amendments
The Food and Environment Protection Act 1985Electronic communications apparatus: operations in tidal waters etc
I15
In the Food and Environment Protection Act 1985 after section 8 (licences) insert—
8AElectronic communications apparatus: operations in tidal waters etc
1
The Scottish Ministers must not issue a licence to carry out any operation which amounts to, or involves the exercise of, a right conferred by paragraph 11 of the electronic communications code set out in Schedule 2 to the Telecommunications Act 1984 unless they are satisfied that adequate compensation arrangements have been made.
2
For the purposes of subsection (1) “adequate compensation arrangements” are adequate arrangements for compensating any persons—
a
who appear to the Scottish Ministers to be owners of interests in the tidal water or lands on, under or over which the right is to be exercised,
b
for any loss or damage sustained by those persons in consequence of the operation being carried out.