Ministerial direction and guidance
Section 53: Ministerial power of direction to designate or vary heat network zone
123.Subsection (1) allows the Scottish Ministers to direct a local authority to designate or vary a heat network zone in its area. The Scottish Ministers may direct two or more local authorities to jointly designate or vary a heat network zone (subsections (2) to (4)). Before issuing a direction, the Scottish Ministers must have regard to the matters referred to in section 48(1) and consult with each local authority in whose area the proposed zone would be situated and such other persons as they consider appropriate (subsection (5)).
124.Where two or more local authorities act jointly to designate or vary a heat network zone by a direction under this section the local authorities must identify the area as designated/varied in a document with reference to a map, specify in the document the day on which the designation/variation comes into effect and publish the document in a manner they consider appropriate (subsections (6) to (9)).
125.The Scottish Ministers may revise or revoke a direction under section 53.
Section 54: Guidance
126.Subsection (1) provides that the Scottish Ministers may issue guidance about reviews under section 47(1) and the designation and variation by local authorities of heat network zones. The guidance may be addressed to one or more local authorities or to all local authorities and must be published in a manner the Scottish Ministers consider appropriate (subsections (2) and (5)). Before issuing any guidance under subsection (1), the Scottish Ministers must first consult local authorities to whom the guidance is to be addressed, the Scottish Fuel Poverty Advisory Panel and any other persons they consider appropriate (subsection (3)).
127.Local authorities must have regard to such guidance when exercising their functions under Part 3 (subsection (4)).
