Contents
Part 1 · Heat networks licences
Enforcement
12AEnforcement provisions under Part 8 of the Energy Act 2023 applied#
(1)The conditions of a heat networks licence may be enforced as if—
(a)they were conditions of a heat network authorisation, as defined in paragraph 13 of Schedule 18 to the Energy Act 2023, conferred on the person holding the heat networks licence; and
(b)the licensing authority were the Regulator as defined in section 217 of that Act.
(2)However, any offences created under Part 8 of the Energy Act 2023 have effect for the purpose of subsection (1) as if they were each triable only summarily and punishable on conviction with imprisonment for a period not exceeding 3 months or a fine not exceeding level 1 on the standard scale (or both).
Miscellaneous
16AMonitoring and review#
(1)The licensing authority must keep under review the supply of thermal energy by means of heat networks in Scotland.
(2)The licensing authority must, so far as it appears to it to be practicable from time to time to do so, monitor the carrying on of the activity mentioned in subsection (1), and the persons by whom it is carried on, with a view to facilitating the exercise of its function of enforcing the conditions of heat network licences.
16BCollecting information#
(1)To enable the licensing authority to comply with the duty in section 16A(2), the licensing authority may, by notice given to a person supplying thermal energy by means of a heat network, require that person to provide in the form and manner specified in the notice—
(a)documents specified or described in the notice that are in that person’s custody or under that person’s control; and
(b)information specified or described in the notice that relates to matters the licensing authority is under a duty to monitor.
(2)The notice must specify the time and place at which the person must give the documents or information to the licensing authority.
(3)The requirements of this section may be enforced as if—
(a)they were relevant requirements as defined in paragraph 37(6) of Schedule 18 to the Energy Act 2023;
(b)the person to whom the notice under subsection (1) is given were a person holding a heat network authorisation within paragraph 13 of Schedule 18 to that Act;
(c)the licensing authority were the Regulator as defined in section 217 of that Act; and
(d)the modifications in relation to offences in section 12A(2) of this Act also applied for the purpose of this subsection.
16CRecords#
(1)The licensing authority must maintain records of information obtained under or by virtue of this Act relating to—
(a)persons whose application for a heat networks licence has been refused;
(b)persons whose heat networks licence has been revoked.
(2)The licensing authority is not required to maintain any records referred to in subsection (1) for longer than it considers appropriate having regard to the nature of the records and the purposes for which they may lawfully be used or disclosed by the licensing authority.
(3)This section does not affect the operation of the Public Records Act 1958 or the data protection legislation (within the meaning of the Data Protection Act 2018).
Revocation of heat networks licence
12Appeals against revocation of heat networks licence#
(1)The Scottish Ministers may by regulations make provision for or about appeals against revocation of heat networks licences.
(2)Regulations under subsection (1) may in particular make provision about—
(a)who may appeal,
(b)grounds of appeal,
(c)the way in which appeals are to be made,
(d)the information to be provided when making appeals,
(e)the procedure for determining appeals,
(f)who may determine appeals,
(g)the manner in which appeals are to be conducted,
(h)decisions that may be taken on appeal,
(i)how the determination of appeals is to be notified.
(3)Regulations under subsection (1) may modify any enactment (including this Act).
Part 2 · Heat network consent
Compensation
32Compensation on modification or revocation of heat network consent#
(1)The Scottish Ministers may by regulations make provision for or about the payment of compensation to the person holding a heat network consent in consequence of—
(a)the modification of a heat network consent as mentioned in section 26(2)(b),
(b)the revocation of a heat network consent in accordance with regulations under section 27.
(2)Regulations under subsection (1) may in particular make provision about—
(a)the circumstances in which compensation is payable,
(b)the calculation of compensation,
(c)the procedure to be followed in connection with claiming compensation,
(d)the review of decisions made under the regulations,
(e)appeals against decisions made under the regulations.
(3)Before making regulations under subsection (1), the Scottish Ministers must consult local authorities and such other persons as they consider appropriate.
Introductory
19Exemptions from requirement for heat network consent#
(1)The Scottish Ministers may by regulations provide that the requirement imposed by section 18(1) does not apply—
(a)in circumstances specified in the regulations,
(b)in relation to heat networks of a description specified in the regulations.
(2)Regulations under subsection (1) may grant an exemption—
(3)Regulations under subsection (1) may make different provision for different areas.
Miscellaneous
34Effective community engagement: guidance#
(1)The Scottish Ministers may issue guidance about undertaking effective community engagement in relation to a relevant application for the purpose of preparing a community engagement report.
(2)Guidance under subsection (1) may in particular include guidance on—
(a)persons, or persons of a particular description, to be considered as forming part of a community for the purpose of undertaking effective community engagement in relation to a relevant application,
(b)how applicants are to undertake effective community engagement before making a relevant application including ways in which applicants should—
(i)consult communities, and
(ii)encourage participation by communities in the consultation.
(3)Before issuing guidance under subsection (1), the Scottish Ministers must consult such persons as they consider appropriate.
(4)The Scottish Ministers must publish guidance issued under subsection (1) in such manner as they consider appropriate.
(5)A person whose relevant application must include a community engagement report in accordance with a determination under section 33(1)(b) must have regard to any guidance issued under subsection (1) in connection with the application.
(6)In this section, “community engagement report” has the meaning given in section 33(3).
35Regulations about decisions under Part 2#
(1)The Scottish Ministers may by regulations make provision about—
(a)the procedure to be followed in—
(i)determining a relevant application, or
(ii)deciding whether to modify a heat network consent as mentioned in section 26(2)(b),
(b)publication and notification of—
(i)a relevant application,
(ii)determinations made in relation to it,
(c)publication and notification of a decision to modify a heat network consent as mentioned in section 26(2)(b).
(2)Regulations under subsection (1) may in particular make provision in connection with the consideration to be given, before determining a relevant application or deciding whether to modify a heat network consent as mentioned in section 26(2)(b), to the likely effect of the construction or operation (as the case may be) of the heat network concerned—
(a)on the environment generally and, in particular, in contributing to the reduction of greenhouse gas emissions (within the meaning of the Climate Change (Scotland) Act 2009), and
(b)in contributing to meeting the fuel poverty targets.
(3)Before making regulations under subsection (1), the Scottish Ministers must consult—
(a)local authorities,
(b)the Scottish Fuel Poverty Advisory Panel, and
(c)such other persons as they consider appropriate.
Enforcement of requirement for heat network consent
37Meaning of “enforcement authority”#
In this Part, the “enforcement authority” means—
(a)the Scottish Ministers, or
(b)such other person as the Scottish Ministers by regulations designate as the enforcement authority for the purposes of this Part.
41Appeals against enforcement notice#
(1)The Scottish Ministers may by regulations make provision for or about appeals against enforcement notices.
(2)Regulations under subsection (1) may in particular include provision about—
(a)who may appeal,
(b)grounds of appeal,
(c)the way in which appeals are to be made,
(d)the information to be provided when making appeals,
(e)the procedure for determining appeals,
(f)who may determine appeals,
(g)the manner in which appeals are to be conducted,
(h)decisions that may be taken on appeal,
(i)how the determination of appeals is to be notified.
(3)Regulations under subsection (1) may modify any enactment (including this Act).
Transfer, modification and revocation of heat network consent
27Revocation of heat network consent#
(1)The appropriate consent authority may revoke a heat network consent in such circumstances as may be specified by the Scottish Ministers by regulations.
(2)Before revoking a heat network consent under subsection (1), the appropriate consent authority must give notice of the proposed revocation to the person holding the consent.
(3)The notice must—
(a)state the reasons why the revocation is proposed, and
(b)specify the period (which is to be not less than 28 days from the date on which the notice is given) within which the person holding the consent may make representations about the proposed revocation to the appropriate consent authority.
(4)The appropriate consent authority may revoke a heat network consent under subsection (1) by giving notice of revocation to the person holding the consent.
(5)A notice of revocation must specify—
(a)the reasons for the revocation, and
(b)the date from which the revocation is to have effect (subject to section 28(2)).
(7)The Scottish Ministers may by regulations make further provision about the procedure to be followed in connection with the revocation of a heat network consent under subsection (1).
Part 3 · Heat network zones
Designation of heat network zone
46Power to designate heat network zone#
(1)A local authority may at any time designate an area in its area that is particularly suitable for the construction and operation of a heat network in accordance with section 48.
(2)The Scottish Ministers may designate an area in the area of a local authority that is particularly suitable for the construction and operation of a heat network in accordance with section 49.
(3)In this Part, “heat network zone” means an area designated by—
(a)a local authority—
(i)under subsection (1), or
(ii)pursuant to a direction under section 53(1)(a) or (2), or
(b)the Scottish Ministers under subsection (2).
47Duty on local authority to review heat network zoning in area#
(1)Each local authority must carry out a review to consider whether one or more areas in its area is likely to be particularly suitable for the construction and operation of a heat network.
(2)A local authority must carry out—
(a)its first review under subsection (1) as soon as practicable after the day on which this section comes into force,
(b)each subsequent review under that subsection by no later than 5 years after the day on which the local authority last published a statement under subsection (6).
(3)In carrying out a review under subsection (1), a local authority must have regard to the matters mentioned in section 48(1).
(4)If, following a review under subsection (1), the local authority considers that one or more areas considered as part of the review is likely to be particularly suitable for the construction and operation of a heat network, the local authority must, in relation to each area—
(a)proceed to consider whether to designate the area as a heat network zone in accordance with section 48, or
(b)request that the Scottish Ministers consider whether to designate the area as a heat network zone in accordance with section 49.
(5)But a local authority may not make a request under subsection (4)(b) if the area is the subject of a direction under section 53.
(6)After each review, the local authority must publish a statement in relation to each area considered as part of the review—
(a)explaining whether the local authority considers that the area is likely to be particularly suitable for the construction and operation of a heat network,
(b)explaining the reasons for that view, and
(c)if the local authority considers that the area is likely to be particularly suitable for the construction and operation of a heat network—
(i)identifying the area by reference to a map, and
(ii)giving reasons for its decision under subsection (4)(a) or (b).
(7)The Scottish Ministers may specify by regulations, in relation to a statement published under subsection (6)—
(a)any further information that must be included in a statement,
(b)how it is to be published,
(c)the persons to whom copies of it are to be sent, and
(d)such other requirements relating to the statement as they consider appropriate.
48Designation of heat network zone by local authority#
(1)A local authority must, in considering whether to designate an area in its area as a heat network zone, have regard to the following matters—
(a)the potential for use by a heat network of—
(i)thermal energy generated from renewable sources,
(ii)waste heat or cold,
(b)buildings in the area that require considerable and consistent use of thermal energy,
(c)the nature and extent of existing infrastructure in the area that could assist in the development of a heat network in the area,
(d)the potential for a heat network in the area to contribute to meeting the fuel poverty targets,
(e)the potential for a heat network in the area to contribute to meeting the targets specified in section 92(1),
(f)any building assessment report received under section 65, and
(g)such other matter as the Scottish Ministers may specify by regulations.
(2)Before deciding whether to designate an area as a heat network zone, a local authority must consult such persons, and in such manner, as the Scottish Ministers may specify by regulations.
(3)Having had regard to the matters mentioned in subsection (1) and complied with the requirements under subsection (2), the local authority may—
(a)designate the area as a heat network zone, or
(b)decide not to designate the area as a heat network zone.
(4)If a local authority designates an area as a heat network zone it must—
(a)identify the area in a document by reference to a map,
(b)specify in the document the day on which the designation takes effect, and
(c)publish the document in such manner as the Scottish Ministers may specify by regulations.
(5)In subsection (1)(a)(ii), “waste heat or cold” means heat or cold generated as a result of a use of (or process affecting) land, which would disperse unused if released into air or water.
49Designation of heat network zone by Scottish Ministers#
(1)This section applies where the Scottish Ministers are considering whether to designate an area in the area of a local authority as a heat network zone—
(a)pursuant to a request by the local authority under section 47(4)(b), or
(b)on the Scottish Ministers' own initiative.
(2)The Scottish Ministers must, in considering whether to designate the area as a heat network zone, have regard to the matters mentioned in section 48(1).
(3)Before deciding whether to designate the area as a heat network zone, the Scottish Ministers must consult—
(a)each local authority in whose area the proposed heat network zone would be situated,
(b)such other persons as they consider appropriate.
(4)Having had regard to the matters mentioned in section 48(1) and complied with the requirements under subsection (3), the Scottish Ministers may—
(a)designate the area as a heat network zone, or
(b)decide not to designate the area as a heat network zone.
(5)If the Scottish Ministers designate an area as a heat network zone, they must—
(a)identify the area in a document by reference to a map,
(b)specify in the document the day on which the designation takes effect, and
(c)publish the document in such manner as they consider appropriate.
Ministerial direction and guidance
53Ministerial power of direction to designate or vary heat network zone#
(1)The Scottish Ministers may direct a local authority to—
(a)designate such area in the area of the local authority as the Scottish Ministers consider appropriate as a heat network zone,
(b)vary a heat network zone situated in the area of the local authority in such manner as the Scottish Ministers consider appropriate.
(2)The Scottish Ministers may direct two or more local authorities to jointly designate such area falling within the areas of the local authorities as a heat network zone as the Scottish Ministers consider appropriate.
(3)Subsection (4) applies where—
(a)two or more local authorities have jointly designated an area as a heat network zone—
(i)under section 46(1), or
(ii)pursuant to a direction under subsection (2), or
(b)the Scottish Ministers have designated as a heat network zone under section 46(2) an area falling within the areas of two or more local authorities.
(4)The Scottish Ministers may direct the local authorities to jointly vary the heat network zone in such manner as the Scottish Ministers consider appropriate.
(5)Before issuing a direction under subsection (1), (2) or (4), the Scottish Ministers must—
(a)have regard to the matters mentioned in section 48(1), and
(b)consult—
(i)each local authority in whose area the heat network zone is, or would be, situated, and
(ii)such other persons as they consider appropriate.
(6)Section 48(4) applies to the designation of an area as a heat network zone pursuant to a direction under subsection (1) or (2) as it applies to the designation of a heat network zone under section 46(1).
(7)Section 50(5) applies to the variation of a heat network zone pursuant to a direction under subsection (1) as it applies to the variation of a heat network zone under subsection (1) of that section.
(8)Where two or more local authorities are acting jointly by virtue of subsection (2) or (4), section 48(4) or (as the case may be) section 50(5) applies jointly to the local authorities (but subject to the modification mentioned in subsection (9)).
(9)The modification is that references in those sections to a local authority are to be read as if they were references to the local authorities acting jointly.
(10)The Scottish Ministers may revise or revoke a direction under this section.
54Guidance#
(1)The Scottish Ministers may issue guidance about—
(a)reviews under section 47(1),
(b)the designation by local authorities of heat network zones,
(c)the variation by local authorities of heat network zones.
(2)Guidance under subsection (1) may be addressed to—
(a)a local authority, or more than one local authority, identified in the guidance, or
(b)all local authorities.
(3)Before issuing guidance under subsection (1), the Scottish Ministers must consult—
(a)the local authorities to whom the guidance is to be addressed,
(b)the Scottish Fuel Poverty Advisory Panel, and
(c)such other persons as they consider appropriate.
(4)Local authorities to whom guidance under subsection (1) is addressed must have regard to the guidance in exercising their functions under this Part.
(5)The Scottish Ministers must publish guidance issued under subsection (1) in such manner as they consider appropriate.
Variation of heat network zone
50Variation of heat network zone by local authority#
(1)A local authority may vary a heat network zone situated in its area if the heat network zone was designated by the local authority under section 46(1).
(2)In considering whether to vary a heat network zone under subsection (1), a local authority must have regard to the matters mentioned in section 48(1).
(3)Before deciding whether to vary a heat network zone under subsection (1), a local authority must consult such persons, and in such manner, as the Scottish Ministers may specify by regulations.
(4)Having had regard to the matters mentioned in section 48(1) and complied with the requirements under subsection (3), the local authority may—
(a)vary the heat network zone, or
(b)decide not to vary the heat network zone.
(5)If the local authority varies the heat network zone, it must—
(a)identify the area of the heat network zone as varied in a document by reference to a map,
(b)specify in the document the day on which the variation takes effect, and
(c)publish the document in such manner as the Scottish Ministers may specify by regulations.
51Variation of heat network zone by Scottish Ministers#
(1)The Scottish Ministers may vary a heat network zone—
(a)following a request by the local authority in whose area the heat network zone is situated, or
(b)on the Scottish Ministers' own initiative.
(2)It does not matter for the purposes of subsection (1) whether the heat network zone was designated by—
(a)a local authority, or
(b)the Scottish Ministers.
(3)In deciding whether to vary a heat network zone under subsection (1), the Scottish Ministers must have regard to the matters mentioned in section 48(1).
(4)Before deciding whether to vary a heat network zone, the Scottish Ministers must consult—
(a)each local authority in whose area the heat network zone is situated,
(b)such other persons as they consider appropriate.
(5)Having had regard to the matters mentioned in section 48(1) and complied with the requirements under subsection (4), the Scottish Ministers may—
(a)vary the heat network zone, or
(b)decide not to vary the heat network zone.
(6)If the Scottish Ministers vary the heat network zone under subsection (5)(a), they must—
(a)identify the area of the heat network zone as varied in a document by reference to a map,
(b)specify in the document the day on which the variation takes effect, and
(c)publish the document in such manner as they consider appropriate.
Part 5 · Building assessment reports
63Building assessment reports#
(1)A relevant person must prepare reports in relation to each non-domestic building in which the person has an interest.
(2)A report prepared under subsection (1) (a “building assessment report”) must set out, in relation to each non-domestic building covered by the report, an assessment of—
(a)the potential for the non-domestic building to be supplied with thermal energy by means of a heat network,
(b)the period for which any system providing thermal energy to the non-domestic building is expected to continue to operate effectively and efficiently.
(3)A building assessment report must—
(a)be prepared in the manner as may be specified, and
(b)at such intervals as may be specified.
(4)For the purposes of this section—
(a)a relevant person has an interest in a non-domestic building if—
(i)the relevant person has a right of ownership in the non-domestic building,
(ii)the relevant person has such other interest in the non-domestic building as may be specified,
(b)where more than one relevant person has a right of ownership, or other interest as may be specified by regulations under paragraph (a)(ii), in a non-domestic building, a building assessment report must be prepared by one of those persons.
64Exemptions from duty to prepare building assessment reports#
(1)The Scottish Ministers may by regulations provide that the requirement imposed by section 63(1) does not apply to—
(a)specified relevant persons,
(b)relevant persons of a specified description.
65Notification of building assessment reports#
As soon as reasonably practicable after preparing a building assessment report, a relevant person must—
(a)send the report to each local authority in whose area a non-domestic building to which the report relates is situated, and
(b)send a copy of the report to the Scottish Ministers.
66Guidance about building assessment reports#
(1)The Scottish Ministers may issue guidance about the preparation of building assessment reports.
(2)In preparing a building assessment report, a relevant person must have regard to any guidance issued under subsection (1).
(3)The Scottish Ministers must publish guidance issued under subsection (1) in such manner as they consider appropriate.
67Interpretation of Part 5#
In this Part—• “building assessment report” has the meaning given in section 63(2),• “non-domestic building” means a building other than a dwelling,• “relevant person” means—(a) a Scottish public authority within the meaning of section 3(1)(a) of the Freedom of Information (Scotland) Act 2002,(b) such other person, or person of such description, as the Scottish Ministers may specify by regulations.
Part 7 · Key heat network assets
84Identifying key heat network assets#
(1)This section applies to—
(a)a heat network consent application relating to—
(i)the construction and operation of a heat network, or
(ii)the operation of a heat network,
(b)a heat network consent modification application in respect of a heat network consent relating to—
(i)the construction and operation of a heat network, or
(ii)the operation of a heat network.
(2)The heat network consent application or (as the case may be) the heat network consent modification application must include—
(a)required information about each key asset of the heat network to which the application relates, and
(b)required information about each person with an interest in such an asset.
(4)In this Part, “key asset”, in relation to a heat network, means property of a type mentioned in subsection (5) which—
(a)forms part of the heat network, and
(b)is necessary to the operation of the heat network.
(5)The types of property are—
(a)land,
(b)buildings,
(c)apparatus,
(d)such other type of property as may be specified by the Scottish Ministers by regulations.
(6)For the purposes of subsection (4)(b), it is for the Scottish Ministers to determine any question which arises as to whether property forming part of a heat network is necessary to the operation of the heat network.
(7)Regulations under subsection (5)(d) may make different provision for different areas.
85Preparing schedule of key heat network assets#
(1)Following receipt of a heat network consent application of the type mentioned in section 84(1)(a) in relation to a heat network, the Scottish Ministers must prepare a schedule that includes details of each key asset of the heat network.
(2)Subsection (3) applies where—
(a)property relating to a heat network appears to the Scottish Ministers to be a key asset of the heat network, and
(b)the Scottish Ministers propose to include details of the property in the schedule of key network assets for the heat network.
(3)Before including details of the property in the schedule of key network assets, the Scottish Ministers must give notice of the proposal to—
(a)each person with an interest in the property, and
(b)such other persons as the Scottish Ministers consider appropriate.
(4)The notice must—
(a)give reasons why the property appears to the Scottish Ministers to be a key asset of the heat network,
(b)explain the consequence of the property becoming a listed asset, and
(c)specify the period (which is to be not less than 28 days from the date on which the notice is given) within which the recipient of the notice may make representations about the proposal.
(5)Where the Scottish Ministers include details of a key asset of a heat network in the schedule of key network assets for the heat network, the Scottish Ministers must give notice of that fact to each person with an interest in the key asset.
(6)The Scottish Ministers must give notice under subsection (3) or (5) in such form and manner as they may specify by regulations.
87Modifying schedule of key heat network assets#
(1)If the Scottish Ministers consider that property that is a listed asset of a heat network has ceased to be a key asset of the heat network, the Scottish Ministers must remove the details of the listed asset from the schedule of key heat network assets for the heat network.
(2)If the Scottish Ministers consider that property that is not a listed asset of a heat network has become a key asset of the heat network, the Scottish Ministers must include details of the property in the schedule of key heat network assets for the heat network.
(3)Before including details of property in the schedule of heat network assets pursuant to subsection (2), the Scottish Ministers must give notice of the proposal to—
(a)each person with an interest in the property, and
(b)such other persons as the Scottish Ministers consider appropriate.
(4)The notice must—
(a)give reasons why the property appears to the Scottish Ministers to be a key asset of the heat network,
(b)explain the consequence of the property becoming a listed asset, and
(c)specify the period (which is to be not less than 28 days from the date on which the notice is given) within which the recipient of the notice may make representations about the proposal.
(5)Where the Scottish Ministers include details of a key asset of a heat network in the schedule of key network assets for the heat network pursuant to subsection (2), the Scottish Ministers must give notice of that fact to each person with an interest in the key asset.
(6)The Scottish Ministers must give notice under subsection (3) or (5) in such form and manner as they may specify by regulations.
(7)It does not matter for the purposes of subsection (1) or (2) whether the Scottish Ministers form the view mentioned in either of those subsections—
(a)following receipt of a heat network consent modification application of the type mentioned in section 84(1)(b),
(b)following notification under section 86(1), or
(c)on their own initiative.
88Preparation and maintenance of schedule of key network assets: further provision#
The Scottish Ministers may by regulations make further provision about the procedure to be followed in connection with the preparation and maintenance of schedules of key heat network assets.
89Transfer schemes#
(1)Where an operator (the “former operator”) ceases (or is to cease) operating a heat network, the Scottish Ministers may make a transfer scheme.
(2)A “transfer scheme” is a scheme making provision for—
(a)the transfer to one or more relevant persons of the former operator's rights relating to the use of listed assets of the heat network,
(b)the conferral on one or more relevant persons of other rights relating to the use of listed assets of the heat network.
(3)A transfer scheme may make incidental, supplementary, consequential or transitional provision in connection with the transfer or conferral of rights by the transfer scheme as the Scottish Ministers consider appropriate.
(4)The Scottish Ministers may by regulations make further provision about transfer schemes.
(5)Regulations under subsection (4) may in particular make provision about—
(a)the rights that may be transferred or conferred by a transfer scheme,
(b)the procedure applying in connection with the making of a transfer scheme,
(c)the effect of transfers or conferrals of rights by a transfer scheme,
(d)requirements that may be imposed on the former operator or a transferee in connection with the transfer or conferral of rights by a transfer scheme, including obligations to enter into such agreements with another person, or to execute such documents in favour of another person, as may be specified or described in a transfer scheme,
(e)the circumstances in which a right transferred or conferred by a transfer scheme is or may be extinguished,
(f)the modification of a transfer scheme.
(6)In this section—• “relevant person” means—(a) the Scottish Ministers,(b) the appropriate local authority,(c) a person (other than the former operator) to whom a heat network consent relating to the operation of the heat network is granted,• “transferee” means a relevant person to whom rights are transferred, or on whom rights are conferred, by a transfer scheme.
(7)In subsection (6), in the definition of “relevant person”, the “appropriate local authority” means—
(a)the local authority for the area in which the listed assets are situated, or
(b)where the listed assets are situated in the area of more than one local authority—
(i)the authority in whose area the greater or greatest part of the listed assets is situated, or
(ii)if neither or none of those authorities falls within sub-paragraph (i), such of those authorities as is selected by the Scottish Ministers for the purposes of being a transferee.
90Compensation in connection with transfer schemes#
(1)The Scottish Ministers may by regulations make provision for or about the payment of compensation in connection with a transfer scheme under section 89(1).
(2)Regulations under subsection (1) may in particular make provision about—
(a)the circumstances in which compensation is payable,
(b)the persons to whom compensation is payable,
(c)the persons liable to pay compensation,
(d)what compensation is payable in respect of,
(e)how the amount of compensation is to be calculated,
(f)how a claim for compensation must be made in order to be valid (including the form and content of a claim, and the period within which it must be made),
(g)the resolution of disputes relating to compensation.
Part 8 · Heat networks targets and delivery plans
92Heat network supply targets#
(1)The Scottish Ministers must ensure that the combined supply of thermal energy by heat networks in Scotland reaches—
(a)2.6 terawatt hours of output by 2027,
(b)6 terawatt hours of output by 2030,
(c)7 terawatt hours of output by 2035.
(2)The Scottish Ministers may by regulations modify subsection (1) so as to—
(a)specify an additional target relating to the combined supply of thermal energy by heat networks in Scotland,
(b)modify any target for the time being specified there.
(3)The Scottish Ministers may by regulations make provision about targets specified or modified under subsection (2).
(4)Regulations under subsection (3) may in particular make provision about—
(a)the matters to be taken into account by the Scottish Ministers in specifying or modifying targets,
(b)the criteria to be applied in specifying or modifying targets,
(c)carrying out reviews of targets.
(5)The Scottish Ministers may by regulations modify subsection (1) so as to specify an additional target relating to the output from the combined supply of thermal energy by heat networks in Scotland to be reached by 2035.
(6)The Scottish Ministers must, by no later than 1 October 2023, lay a draft of a Scottish statutory instrument containing regulations under subsection (5) before the Scottish Parliament.
93Heat networks delivery plan#
(1)The Scottish Ministers must prepare a heat networks delivery plan, setting out how the provisions of this Act, and any other supporting policies, will contribute to increasing the use of heat networks in Scotland.
(2)A heat networks delivery plan must set out—
(a)the approach the Scottish Ministers intend to take to increase the use of heat networks in Scotland,
(b)how the Scottish Ministers propose to meet the targets specified in section 92(1),
(c)how the aggregate heat output of all heat networks in Scotland will be measured,
(d)how the deployment of heat networks in Scotland will contribute to meeting emissions reduction targets set in the Climate Change (Scotland) Act 2009.
(3)In preparing the heat networks delivery plan the Scottish Ministers must consult such persons as they consider appropriate.
(4)The Scottish Ministers must—
(a)publish the heat networks delivery plan, and
(b)lay a copy of it before the Scottish Parliament,
no later than 1 April 2022.
(5)The Scottish Ministers are to keep the heat networks delivery plan under review and may revise it at any time.
(6)At the end of each of the reporting periods the Scottish Ministers must—
(a)review the heat networks delivery plan,
(b)lay a report before the Scottish Parliament on that review.
(7)A report under subsection (6) must consider—
(a)how this Act and associated policies have contributed to an increase in the use of heat networks in Scotland in the reporting period,
(b)what progress has been made in the aggregate heat output of all heat networks in Scotland in the reporting period and, in particular, in meeting the targets specified in section 92(1),
(c)how the deployment of heat networks in Scotland has contributed to meeting emissions reduction targets set in the Climate Change (Scotland) Act 2009 during the reporting period.
(8)The reporting periods are—
(a)the period of 2 years beginning with the day on which the first heat networks delivery plan is published under subsection (4),
(b)each subsequent period of 2 years.
(9)The Scottish Ministers must have regard to the just transition principles (within the meaning of section 35C of the Climate Change (Scotland) Act 2009)—
(a)in preparing the heat networks delivery plan,
(b)in reviewing, and making any revision of, the plan under subsection (5),
(c)in reviewing the plan under subsection (6), and
(d)in preparing a report under subsection (6) on each such review.
Part 9 · Miscellaneous and general
General
97Crown application: general#
(1)Nothing in this Act makes the Crown criminally liable.
(2)But the Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable were it not for subsection (1).
(3)Subsection (1) does not affect the criminal liability of persons in the service of the Crown.
(4)Section 98 makes provision about access to Crown land.
98Crown application: powers of entry#
(2)In subsection (1)—
(a)the reference to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862,
(b)“Government department” means a department of the Government of the United Kingdom,
(c)“Scottish Crown Estate” means the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies.
(3)It is for the Scottish Ministers to determine any question that arises as to who in accordance with subsection (1) is the appropriate authority in relation to any land, and their decision is final.
99Regulations#
(1)Any power of the Scottish Ministers to make regulations under this Act includes power to make—
(a)incidental, supplementary, consequential, transitional, transitory or saving provision,
(b)different provision for different purposes.
(2)Regulations under any of the following sections are subject to the affirmative procedure: 1(7), 4(b), 32(1), 37(b), 55(b), 57(1), 61(1), 73(4), 77(5), 81(4), 89(4), 90(1) and 92(2) or (5).
(3)Regulations under the following sections which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure: 12(1), 20(1), 28(3), 29(6), 31(4), 36(1), 41(1), 60(1), 75(1) and 100(1).
(4)All other regulations under this Act are subject to the negative procedure.
(5)Subsection (1)(a) does not apply to regulations under section 100(1).
(6)This section does not apply to regulations under section 102(2).
100Ancillary provision#
(1)The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it.
(2)Regulations under subsection (1) may modify any enactment (including this Act).
(3)Regulations under subsection (1)—
(a)which add to, replace or omit the text of an Act are subject to the affirmative procedure,
(b)otherwise, are subject to the negative procedure.
101General interpretation#
(1)In this Act—• “appropriate consent authority” is to be construed in accordance with section 21,• “enforcement authority” has the meaning given in section 37,• “the fuel poverty targets” means the targets set out in sections 1 and 2 of the Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019,• “heat network” has the meaning given in section 1(1),• “heat network consent” has the meaning given in section 18(3),• “heat network consent application” has the meaning given in section 22(2),• “heat network consent modification application” has the meaning given in section 26(3),• “heat networks licence” has the meaning given in section 2(5),• “heat network zone” has the meaning given in section 46(3),• “licensing authority” has the meaning given in section 4,• “permit authority” has the meaning given in section 55,• “the Scottish Fuel Poverty Advisory Panel” means the panel established under section 14(1) of the Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019,• “thermal energy” has the meaning given in section 1(5).
(2)References in this Act to the construction of a heat network are to be construed in accordance with section 18(2).
(3)In this Act, references to a person holding a heat network consent are references to the person for the time being entitled to the benefit of the heat network consent whether as a result of—
(a)the grant of the consent to the person—
(i)under section 23(1)(a), or
(ii)pursuant to an appeal under section 31(2), or
(b)a transfer of the consent to the person under section 25(1).
102Commencement#
(1)This section and sections 97 to 101 and 103 come into force on the day after Royal Assent.
(2)The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.
(3)Regulations under subsection (2) may—
(a)include transitional, transitory or saving provision,
(b)make different provision for different purposes.
Contains public sector information licensed under the Open Government Licence v3.0.