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Heat Networks (Scotland) Act 2021

2021 asp 9 · Enacted 30 March 2021 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 27 January 2026.

An Act of the Scottish Parliament to make provision for regulating the supply of thermal energy by a heat network, and for regulating the construction and operation of a heat network; to make provision about the powers of persons holding a heat networks licence; to make provision about conferring rights in heat network assets where a person ceases operating a heat network; to set targets relating to the supply of thermal energy by heat networks; to make provision about plans relating to increased use of heat networks; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 23rd February 2021 and received Royal Assent on 30th March 2021C1C2

Annotations to the whole text

Modifications

C1

Act: power to amend conferred (26.10.2023) by Energy Act 2023 (c. 52), ss. 219, 334(2)(l)

C2

Act: power to amend conferred (26.10.2023) by Energy Act 2023 (c. 52), ss. 224, 334(2)(l)

Contents

  1. Part 1: Heat networks licences
  2. Introductory Not yet in force
  3. 1Meaning of “heat network” Not yet in force
  4. 2Requirement for heat networks licence Not yet in force
  5. 3Exemptions from requirement for heat networks licence Not yet in force
  6. 4Meaning of “licensing authority” Not yet in force
  7. Heat networks licence applications Not yet in force
  8. 5Heat networks licence applications Not yet in force
  9. Conditions of heat networks licence Not yet in force
  10. 6Heat networks licence standard conditions Not yet in force
  11. 7Heat networks licence standard conditions: supplementary Not yet in force
  12. 8Heat networks licence special conditions Not yet in force
  13. Duration of heat networks licence Not yet in force
  14. 9Period of effect of heat networks licence Not yet in force
  15. Modification of heat networks licence Not yet in force
  16. 10Modification of heat networks licence Not yet in force
  17. Revocation of heat networks licence
  18. 11Revocation of heat networks licence Not yet in force
  19. 12Appeals against revocation of heat networks licence
  20. Enforcement
  21. 12AEnforcement provisions under Part 8 of the Energy Act 2023 applied
  22. Miscellaneous
  23. 13Form and manner etc. of applications under Part 1 Not yet in force
  24. 14Regulations about determining applications under Part 1 Not yet in force
  25. 15Guidance for licensing authority Not yet in force
  26. 16Register of heat networks licences Not yet in force
  27. 16AMonitoring and review
  28. 16BCollecting information
  29. 16CRecords
  30. 17Interpretation of Part 1 Not yet in force
  31. Part 2: Heat network consent
  32. Introductory
  33. 18Requirement for heat network consent Not yet in force
  34. 19Exemptions from requirement for heat network consent
  35. 20Designation of local authority as consent authority for the area of the local authority Not yet in force
  36. 21Meaning of “appropriate consent authority” Not yet in force
  37. Heat network consent applications Not yet in force
  38. 22Heat network consent applications Not yet in force
  39. 23Determining heat network consent applications Not yet in force
  40. Heat network consent conditions or limitations Not yet in force
  41. 24Heat network consent conditions or limitations Not yet in force
  42. Transfer, modification and revocation of heat network consent
  43. 25Transfer of heat network consent Not yet in force
  44. 26Modification of heat network consent Not yet in force
  45. 27Revocation of heat network consent
  46. 28Appeals against notice of revocation given by local authority Not yet in force
  47. Applications to local authorities: Ministerial powers of call-in, direction and appeal Not yet in force
  48. 29Call-in of heat network consent applications etc. by the Scottish Ministers Not yet in force
  49. 30Directions as to method of dealing with heat network consent applications etc. by local authorities Not yet in force
  50. 31Appeals regarding applications for heat network consent etc. to local authorities Not yet in force
  51. Compensation
  52. 32Compensation on modification or revocation of heat network consent
  53. Miscellaneous
  54. 33Form and manner etc. of applications under Part 2 Not yet in force
  55. 34Effective community engagement: guidance
  56. 35Regulations about decisions under Part 2
  57. 36Applications and decisions under Part 2 where there is more than one appropriate consent authority Not yet in force
  58. Enforcement of requirement for heat network consent
  59. 37Meaning of “enforcement authority”
  60. 38Power to require information about activities on land Not yet in force
  61. 39Enforcement notice Not yet in force
  62. 40Withdrawal or variation of enforcement notice Not yet in force
  63. 41Appeals against enforcement notice
  64. 42Offence of failing to comply with enforcement notice Not yet in force
  65. 43Execution and cost of works required by enforcement notice Not yet in force
  66. Heat network consent and planning permission Not yet in force
  67. 44Deemed planning permission on Scottish Ministers granting or modifying heat network consent Not yet in force
  68. 45Combining applications to local authorities for heat network consent and planning permission Not yet in force
  69. Part 3: Heat network zones
  70. Designation of heat network zone
  71. 46Power to designate heat network zone
  72. 47Duty on local authority to review heat network zoning in area
  73. 48Designation of heat network zone by local authority
  74. 49Designation of heat network zone by Scottish Ministers
  75. Variation of heat network zone
  76. 50Variation of heat network zone by local authority
  77. 51Variation of heat network zone by Scottish Ministers
  78. Local authorities acting jointly
  79. 52Two or more local authorities acting jointly in relation to heat network zone
  80. Ministerial direction and guidance
  81. 53Ministerial power of direction to designate or vary heat network zone
  82. 54Guidance
  83. Part 4: Heat network zone permits Not yet in force
  84. 55Meaning of “permit authority” Not yet in force
  85. 56Requirement for heat network zone permit Not yet in force
  86. 57Applications for heat network zone permit Not yet in force
  87. 58Heat network zone permit: duration Not yet in force
  88. 59Heat network zone permit: revocation Not yet in force
  89. 60Appeals against revocation of heat network zone permit Not yet in force
  90. 61Compensation on revocation of heat network zone permit Not yet in force
  91. 62Enforcement of requirement for heat network zone permit Not yet in force
  92. Part 5: Building assessment reports
  93. 63Building assessment reports
  94. 64Exemptions from duty to prepare building assessment reports
  95. 65Notification of building assessment reports
  96. 66Guidance about building assessment reports
  97. 67Interpretation of Part 5
  98. Part 6: Powers of licence holders Not yet in force
  99. Compulsory acquisition of land Not yet in force
  100. 68Compulsory acquisition of land by licence holder Not yet in force
  101. Wayleave rights Not yet in force
  102. 69Network wayleave right Not yet in force
  103. 70Acquisition of necessary wayleave Not yet in force
  104. 71Assignation of network wayleave rights Not yet in force
  105. 72Variation of network wayleave right Not yet in force
  106. 73Compensation on variation of a network wayleave right Not yet in force
  107. 74Discharge of network wayleave right Not yet in force
  108. 75Registration of network wayleave rights Not yet in force
  109. 76Requirement to remove apparatus when notified Not yet in force
  110. 77Compensation in connection with network wayleave rights Not yet in force
  111. Other powers over land Not yet in force
  112. 78Power to carry out survey Not yet in force
  113. 79Power to enter land to replace or repair apparatus Not yet in force
  114. 80Restrictions on powers of licence holders Not yet in force
  115. 81Compensation for damage or disturbance Not yet in force
  116. Road works Not yet in force
  117. 82Power to carry out road works Not yet in force
  118. Interpretation Not yet in force
  119. 83Interpretation of Part 6 Not yet in force
  120. Part 7: Key heat network assets
  121. 84Identifying key heat network assets
  122. 85Preparing schedule of key heat network assets
  123. 86Notifying Scottish Ministers of changes in key network assets Not yet in force
  124. 87Modifying schedule of key heat network assets
  125. 88Preparation and maintenance of schedule of key network assets: further provision
  126. 89Transfer schemes
  127. 90Compensation in connection with transfer schemes
  128. 91Interpretation of Part 7 Not yet in force
  129. Part 8: Heat networks targets and delivery plans
  130. 92Heat network supply targets
  131. 93Heat networks delivery plan
  132. Part 9: Miscellaneous and general
  133. Fees Not yet in force
  134. 94Fees for applications etc. Not yet in force
  135. Local authority costs Not yet in force
  136. 95Strategy: local authority costs Not yet in force
  137. General
  138. 96Individual culpability where organisation commits offence Not yet in force
  139. 97Crown application: general
  140. 98Crown application: powers of entry
  141. 99Regulations
  142. 100Ancillary provision
  143. 101General interpretation
  144. 102Commencement
  145. 103Short title