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

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

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.

Made under: Heat Networks (Scotland) Act 2021 (Section 102)

PDFs: Printed copy https://openlegislation.uk/heat-networks-scotland-act-2021-commencement-no-1-regulations-2022/pdf/ssi_20220376_en.pdf; Policy Note https://openlegislation.uk/heat-networks-scotland-act-2021-commencement-no-1-regulations-2022/pdf/ssipn_20220376_en.pdf

## Introductory text

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 2021.

## 1 Citation, 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.

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

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Source: https://www.legislation.gov.uk/ssi/2022/376 (the official version)
Page: https://openlegislation.uk/heat-networks-scotland-act-2021-commencement-no-1-regulations-2022
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.