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

Guidance on the procedure adopted by the Scottish Ministers in receiving and determining applications by network operators under the Electricity Act 1989 for necessary wayleaves, to retain or place electric lines on land. The guidance was updated in March 2022.

Appendix 3 - Standard Necessary Wayleave Terms And Conditions

Electricity Act 1989

Grant Of Necessary Wayleave

1. The Scottish Ministers, in exercise of their powers conferred by paragraph 6(3) of Schedule 4 to the Electricity Act 1989 and all other powers enabling them to do so, grant a necessary wayleave subject to the undernoted conditions to [INSERT NAME OF APPLICANT], a company incorporated under the Companies Acts with Company Number [INSERT] and having its registered office at [INSERT ADDRESS] ("the Company");

a. to install and keep installed at [INSERT ADDRESS OF LAND AS DESCRIBED IN THE APPLICATION FORM] ("the Property") the following electric line: [DELETE AS APPROPRIATE*]

Underground electric lines along the route shown delineated in [red] on the Plan annexed and executed as relative hereto.

Overhead electric line along the route shown delineated in [blue] on the Plan annexed and executed as relative hereto.

"Electric Line" means any line which is used for carrying electricity for any purpose and includes; (i) any support for any such line, that is to say, any structure, pole or other thing in, on, by or from which any such line is or may be supported, carried or suspended; (ii) any apparatus connected to any such line for the purpose of carrying electricity; and (iii) any wire, cable, tube, pipe or other similar thing (including its casing or coating) which surrounds or supports, or is surrounded or supported by, or is installed in close proximity to, or is supported, carried or suspended in association with, any such line.

b. together with rights of access in favour of the Company and any employee, contractor or other party authorised by the Company at such times as the Company deems necessary over the area shown shaded in [green] on the Plan for the purpose of installing, inspecting, maintaining, adjusting, repairing, altering, replacing or removing any part of the electric line and for any incidental purpose, including the exercise of powers conferred under paragraph 4 of this necessary wayleave.

2. Notwithstanding the terms of paragraph 1 above, the Company may install and keep installed the electric line subject to such reasonable deviations, including but not limited to temporary deviations for the purpose of maintenance or replacement as the Company may determine necessary or desirable at its sole discretion, provided always that any such deviations are restricted to the areas shown [hatched in yellow] on the Plan and that the Company shall furnish the landowner and occupier with a plan showing the as built location of the electric line which differs from the location described at paragraph 1(a) within thirty (30) days of installation or deviation (as applicable).

3. Except with the written agreement of the Company, this necessary wayleave may not be terminated by the landowner or occupiers until the date falling [FORTY] years after the date of grant of this necessary wayleave.

4. The Company may, on giving not less than twenty one (21) days' notice to the landowner and occupier (or without notice in the case of emergency), fell or lop any tree or other vegetation or remove any other obstruction or structure which is or will be in such close proximity to the electric line to which this necessary wayleave relates as to obstruct or interfere with or give rise to safety concerns, or which is likely to obstruct or interfere with the electric line or to give rise to safety concerns.

5. The electric line described in paragraph 1 shall remain the property of the Company.

6. The landowner will advise the Company in writing of any change in ownership or occupation of the Property.

7. The installation of the electric line shall be executed by the Company in accordance with all statutory regulations applicable and for the time being in force.

8. The Company shall free and relieve the landowner and occupier of the Property and any other person deriving title thereto against all loss, injury and damage caused to the landowner or occupier or to their property by reason of or in consequence of the existence of the electric line on, under or over the Property; except in so far as any such loss, injury or damage may be due to or caused by the wrongful act, neglect or default of the landowner or occupier or any person for whom they are responsible in law.

9. Paragraph 7 of Schedule 4 to the Electricity Act 1989 confers rights to compensation in respect of a grant of wayleave, or in respect of any damage or disturbance caused by the exercise of any right conferred by a wayleave. Any question of disputed compensation is to be determined by the Lands Tribunal for Scotland, 126 George Street, Edinburgh, EH2 4HH.

Subscribed for an on behalf of the Scottish Ministers by:

Print name:
Cabinet Secretary for Net Zero, Energy and Transport
Being an officer and authorised signatory of the Scottish Ministers
At 5 Atlantic Quay, Glasgow G2 8LU


Email: econsents_admin@gov.scot

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