Heat Networks (Scotland) Act 2021
2021 asp 9 · Enacted 30 March 2021 · Extends to Scotland
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
- Part 1: Heat networks licences
- Introductory Not yet in force
- 1Meaning of “heat network” Not yet in force
- 2Requirement for heat networks licence Not yet in force
- 3Exemptions from requirement for heat networks licence Not yet in force
- 4Meaning of “licensing authority” Not yet in force
- Heat networks licence applications Not yet in force
- 5Heat networks licence applications Not yet in force
- Conditions of heat networks licence Not yet in force
- 6Heat networks licence standard conditions Not yet in force
- 7Heat networks licence standard conditions: supplementary Not yet in force
- 8Heat networks licence special conditions Not yet in force
- Duration of heat networks licence Not yet in force
- 9Period of effect of heat networks licence Not yet in force
- Modification of heat networks licence Not yet in force
- 10Modification of heat networks licence Not yet in force
- Revocation of heat networks licence
- 11Revocation of heat networks licence Not yet in force
- 12Appeals against revocation of heat networks licence
- Enforcement
- 12AEnforcement provisions under Part 8 of the Energy Act 2023 applied
- Miscellaneous
- 13Form and manner etc. of applications under Part 1 Not yet in force
- 14Regulations about determining applications under Part 1 Not yet in force
- 15Guidance for licensing authority Not yet in force
- 16Register of heat networks licences Not yet in force
- 16AMonitoring and review
- 16BCollecting information
- 16CRecords
- 17Interpretation of Part 1 Not yet in force
- Part 2: Heat network consent
- Introductory
- 18Requirement for heat network consent Not yet in force
- 19Exemptions from requirement for heat network consent
- 20Designation of local authority as consent authority for the area of the local authority Not yet in force
- 21Meaning of “appropriate consent authority” Not yet in force
- Heat network consent applications Not yet in force
- 22Heat network consent applications Not yet in force
- 23Determining heat network consent applications Not yet in force
- Heat network consent conditions or limitations Not yet in force
- 24Heat network consent conditions or limitations Not yet in force
- Transfer, modification and revocation of heat network consent
- 25Transfer of heat network consent Not yet in force
- 26Modification of heat network consent Not yet in force
- 27Revocation of heat network consent
- 28Appeals against notice of revocation given by local authority Not yet in force
- Applications to local authorities: Ministerial powers of call-in, direction and appeal Not yet in force
- 29Call-in of heat network consent applications etc. by the Scottish Ministers Not yet in force
- 30Directions as to method of dealing with heat network consent applications etc. by local authorities Not yet in force
- 31Appeals regarding applications for heat network consent etc. to local authorities Not yet in force
- Compensation
- 32Compensation on modification or revocation of heat network consent
- Miscellaneous
- 33Form and manner etc. of applications under Part 2 Not yet in force
- 34Effective community engagement: guidance
- 35Regulations about decisions under Part 2
- 36Applications and decisions under Part 2 where there is more than one appropriate consent authority Not yet in force
- Enforcement of requirement for heat network consent
- 37Meaning of “enforcement authority”
- 38Power to require information about activities on land Not yet in force
- 39Enforcement notice Not yet in force
- 40Withdrawal or variation of enforcement notice Not yet in force
- 41Appeals against enforcement notice
- 42Offence of failing to comply with enforcement notice Not yet in force
- 43Execution and cost of works required by enforcement notice Not yet in force
- Heat network consent and planning permission Not yet in force
- 44Deemed planning permission on Scottish Ministers granting or modifying heat network consent Not yet in force
- 45Combining applications to local authorities for heat network consent and planning permission Not yet in force
- Part 3: Heat network zones
- Designation of heat network zone
- 46Power to designate heat network zone
- 47Duty on local authority to review heat network zoning in area
- 48Designation of heat network zone by local authority
- 49Designation of heat network zone by Scottish Ministers
- Variation of heat network zone
- 50Variation of heat network zone by local authority
- 51Variation of heat network zone by Scottish Ministers
- Local authorities acting jointly
- 52Two or more local authorities acting jointly in relation to heat network zone
- Ministerial direction and guidance
- 53Ministerial power of direction to designate or vary heat network zone
- 54Guidance
- Part 4: Heat network zone permits Not yet in force
- 55Meaning of “permit authority” Not yet in force
- 56Requirement for heat network zone permit Not yet in force
- 57Applications for heat network zone permit Not yet in force
- 58Heat network zone permit: duration Not yet in force
- 59Heat network zone permit: revocation Not yet in force
- 60Appeals against revocation of heat network zone permit Not yet in force
- 61Compensation on revocation of heat network zone permit Not yet in force
- 62Enforcement of requirement for heat network zone permit Not yet in force
- Part 5: Building assessment reports
- 63Building assessment reports
- 64Exemptions from duty to prepare building assessment reports
- 65Notification of building assessment reports
- 66Guidance about building assessment reports
- 67Interpretation of Part 5
- Part 6: Powers of licence holders Not yet in force
- Compulsory acquisition of land Not yet in force
- 68Compulsory acquisition of land by licence holder Not yet in force
- Wayleave rights Not yet in force
- 69Network wayleave right Not yet in force
- 70Acquisition of necessary wayleave Not yet in force
- 71Assignation of network wayleave rights Not yet in force
- 72Variation of network wayleave right Not yet in force
- 73Compensation on variation of a network wayleave right Not yet in force
- 74Discharge of network wayleave right Not yet in force
- 75Registration of network wayleave rights Not yet in force
- 76Requirement to remove apparatus when notified Not yet in force
- 77Compensation in connection with network wayleave rights Not yet in force
- Other powers over land Not yet in force
- 78Power to carry out survey Not yet in force
- 79Power to enter land to replace or repair apparatus Not yet in force
- 80Restrictions on powers of licence holders Not yet in force
- 81Compensation for damage or disturbance Not yet in force
- Road works Not yet in force
- 82Power to carry out road works Not yet in force
- Interpretation Not yet in force
- 83Interpretation of Part 6 Not yet in force
- Part 7: Key heat network assets
- 84Identifying key heat network assets
- 85Preparing schedule of key heat network assets
- 86Notifying Scottish Ministers of changes in key network assets Not yet in force
- 87Modifying schedule of key heat network assets
- 88Preparation and maintenance of schedule of key network assets: further provision
- 89Transfer schemes
- 90Compensation in connection with transfer schemes
- 91Interpretation of Part 7 Not yet in force
- Part 8: Heat networks targets and delivery plans
- 92Heat network supply targets
- 93Heat networks delivery plan
- Part 9: Miscellaneous and general
- Fees Not yet in force
- 94Fees for applications etc. Not yet in force
- Local authority costs Not yet in force
- 95Strategy: local authority costs Not yet in force
- General
- 96Individual culpability where organisation commits offence Not yet in force
- 97Crown application: general
- 98Crown application: powers of entry
- 99Regulations
- 100Ancillary provision
- 101General interpretation
- 102Commencement
- 103Short title