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The Heat Networks (Scotland) Act 2021 (Commencement) (No. 1) Regulations 2022

S.S.I. 2022/376 · Made 14 December 2022

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Heat Networks

Made 14th December 2022

Laid before the Scottish Parliament 16th December 2022

Coming into force 16th January 2023

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 102(2) and (3) of the Heat Networks (Scotland) Act 2021f1.

Annotations to the whole text

Footnotes

f1

2021 asp 9.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Appointed day
  3. Signature
  4. Schedule PROVISIONS OF THE ACT COMING INTO FORCE ON 16 JANUARY 2023
  5. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Heat Networks (Scotland) Act 2021 (Commencement) (No. 1) Regulations 2022 and come into force on 16 January 2023.

(2)

In these Regulations “the Act” means the Heat Networks (Scotland) Act 2021.

2Appointed day

(1)

Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the schedule (the subject matter of which is described in column 2 of that table) is 16 January 2023.

(2)

Where a purpose is specified in column 3 of that table in relation to any provision specified in column 1, that provision comes into force on 16 January 2023 only for that purpose.

Signature

PATRICK HARVIE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

14th December 2022

PROVISIONS OF THE ACT COMING INTO FORCE ON 16 JANUARY 2023

Column 1

Provisions of the Act

Column 2

Subject Matter

Column 3

Purpose

section 19Exemptions from requirement for heat network consent
section 27Revocation of heat network consentFor the purpose of making regulations under sections 27(1) and (7)
section 32Compensation on modification or revocation of heat network consent
section 34Effective community engagement: guidanceFor the purposes of issuing guidance under section 34(1)
section 35Regulations about decisions under Part 2
section 37Meaning of “enforcement authority”For the purpose of making regulations under section 37(b)
section 41Appeals against enforcement notice
section 47Duty on local authority to review heat network zoning in areaFor the purpose of making regulations under section 47(7)
section 48Designation of heat network zone by local authorityFor the purpose of making regulations under sections 48(1)(g), (2) and (4)(c)
section 50Variation of heat network zone by local authorityFor the purpose of making regulations under sections 50(3) and (5)(c)
section 54GuidanceFor the purpose of issuing guidance under section 54(1)
section 63Building assessment reportsFor the purpose of making regulations under section 63(3) and (4)(a)(ii)
section 64Exemptions from duty to prepare building assessment reports
section 66Guidance about building assessment reportsFor the purpose of issuing guidance under section 66(1)
section 67Interpretation of Part 5For the purpose of making regulations under section 67
section 84Identifying key heat network assetsFor the purpose of making regulations under section 84(5)(d)
section 85Preparing schedule of key heat network assetsFor the purpose of making regulations under section 85(6)
section 87Modifying schedule of key heat network assetsFor the purpose of making regulations under section 87(6)
section 88Preparation and maintenance of schedule of key network assets: further provision
section 89Transfer schemesFor the purpose of making regulations under section 89(4)
section 90Compensation in connection with transfer schemes

Explanatory note

(This note is not part of the Regulations)

These Regulations bring sections 19, 32, 35, 41, 64, 88 and 90 of the Heat Networks (Scotland) Act 2021 (“the Act”) into force on 16 January 2023. Sections 27, 37, 47, 48, 50, 63, 67, 84, 85, 87 and 89 of the Act are commenced for the limited purpose of enabling regulations to be made. Section 34, 54 and 66 are commenced for the limited purpose of enabling guidance to be issued and published.

The Bill for the Act received Royal Assent on 30 March 2021. Sections 97 to 103 came into force on the following day.