FOI reference: FOI/17/02007
Date received: 28 August 2017
Date responded: 31 August 2017
Information to ascertain what (and when) Scottish Ministers have had carried out by way of background authentication of the application and applicant in regard to the Lawhill Farm necessary wayleave application, and what Scottish Ministers routinely carry out whenever a necessary wayleave application is submitted to Scottish Ministers.
The answer to your question is: Scottish Ministers authenticate all necessary wayleave applications in the same manner. The published guidance indicates that such applications should be made on the Scottish Government's application form and should be accompanied by confirmation that the applicant is a licence holder with powers under Schedule 4 of the Electricity Act 1989 and that there is no restriction in the electricity licence which would restrict the use of necessary wayleave powers.
In the case of the application by SP Distribution PLC for a necessary wayleave to retain existing electricity lines on Lawhill Farm, the applicant has indicated in writing on the application form that they hold a distribution licence which contains no restrictions on powers under Schedule 4 to the Electricity Act 1989.
The Scottish Ministers carry out routine checks on the terms of an organisation's licence. Such terms and conditions are publicly available on the electronic public register on OFGEM's website: https://epr.ofgem.gov.uk/Document.
The actions routinely carried out by officials on receipt of such applications are explained more fully in the published guidance. The necessary wayleave guidance and application form can be found online at:
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House