Regulation 68 Part 1 of the Heat Networks (Scotland) Act 2021 amended

The Heat Networks (Scotland) Act 2021 is amended as follows.

After section 12 insert—

“Enforcement

Enforcement provisions under Part 8 of the Energy Act 2023 applied

12A

(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).”.

After section 16 insert—

“Monitoring and review

16A

(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.

Collecting information

16B

(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.

Records

16C

(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^f1 or the data protection legislation (within the meaning of the Data Protection Act 2018^f2).”.