Overview
Part 7 – Key heat network assets
Section 84: Identifying key heat network assets
209.Section 84 applies to a heat network consent application or a heat network consent modification application relating to the construction and operation of a heat network, or the operation of a heat network.
210.Subsection (2) provides that the application must include required information about the key assets of the heat network and required information about each person with an interest in the key assets. Determination of whether information is “required” is made in accordance with section 33(1).
211.Subsection (4) defines “key asset” for the purposes of Part 7 of the Act, being any property that forms part of the heat network and is necessary to the operation of the heat network. It is for the Scottish Ministers to determine any question as to whether property forming part of a heat network is necessary to the operation of the heat network (subsection (6)).
212.The types of property that could constitute a key asset are land, buildings, apparatus and such other type of property as may be specified by the Scottish Ministers by regulations (subsection (5)).
Section 85: Preparing schedule of key heat network assets
213.Following receipt of a heat network consent application, the Scottish Ministers must prepare a schedule of key assets (subsection (1)).
214.Where property relating to a heat network appears to the Scottish Ministers to be a key asset and the Scottish Ministers propose to include the details of the property in the schedule of key assets, before doing so they must give notice of the proposal to each person with an interest in the property and to such other persons that they consider appropriate (subsections (2) and (3)).
215.The notice must give reasons why the property appears to the Scottish Ministers to be a key asset, explain the consequences of the property becoming a listed asset and specify the period being not less than 28 days from the date on which the notice was given, within which the person may make representations to the Scottish Ministers (subsection (4)).
216.If the Scottish Ministers include details of a key asset in the schedule they must give notice of that fact to every person with an interest in a key asset (subsection (5)). When giving notice under subsection (3) or (5) the Scottish Ministers must do so in such form and manner as they may specify in regulations (subsection (6)).
Section 86: Notifying Scottish Ministers of changes in key network assets
217.Subsection (1) provides that the operator of a heat network must notify the Scottish Ministers if property that is not a listed asset becomes a key asset and if property that is a listed asset ceases to be a key asset. Notice must include such information as the Scottish Ministers determine and such determination must be published (subsections (2) and (3)).
Section 87: Modifying schedule of key heat network assets
218.If the Scottish Ministers consider that a listed asset ceases to be a key asset they must remove the details of the listed asset from the schedule of key assets. If the Scottish Ministers consider that the property that is not a listed asset has become a key asset, they must include details of the property in the schedule of key assets (subsections (1) and (2)).
219.Before including details of property in the schedule of heat network assets, the Scottish Ministers must give notice of the proposal to each person with an interest in the property and such other persons as the Scottish Ministers consider appropriate (subsection (3)). The notice must give reasons why the property appears to the Scottish Ministers to be a key asset, explain the consequences of the property becoming a listed asset and specify the period being not less than 28 days from the date on which the notice was given, within which the person may make representations to the Scottish Ministers (subsection (4)). Subsection (5) requires that where the Scottish Ministers include details of a key asset in the schedule of key network assets, they must give notice to each person with an interest in the key asset.
220.When giving notice under subsections (3) or (5) the Scottish Ministers must do so in such form and manner as they may specify in regulations (subsection (6)).
221.For the purposes of modifying the schedule of key heat network assets it does not matter whether the Scottish Ministers form the view that a modification is needed following receipt of a heat network consent modification application, following notification by an operator of a heat network or on their own initiative (subsection (7)).
Section 88: Preparation and maintenance of schedule of key network assets: further provision
222.Section 88 enables the Scottish Ministers by regulations to make further provision about the procedure to be followed in connection with the preparation and maintenance of the schedules of key network assets.
Section 89: Transfer schemes
223.Subsection (1) provides that where the former operator ceases (or is to cease) operating a heat network, the Scottish Ministers may make a transfer scheme. “Transfer scheme” is defined in subsection (2) as a transfer of the former operator’s rights relating to the use of the listed assets of the heat network, or conferral of other rights relating to the use of listed assets, to one or more relevant persons. A transfer scheme may make incidental, supplementary, consequential or transitional provision in connection with the transfer or conferral of rights by the transfer scheme as the Scottish Ministers consider appropriate (subsection (3)).
224.By regulations, the Scottish Ministers may make further provision for, or in connection with, a transfer scheme (subsection (4)). Subsection (5) sets out what the regulations under subsection (4) may make provision for including the rights that may be transferred or conferred by the transfer scheme, the procedure applying in connection with the making of a transfer scheme and the effect of transfers or conferrals of rights.
225.Subsections (6) and (7) provides definitions of “relevant person” and “transferee” for this section.
Section 90: Compensation in connection with transfer schemes
226.The Scottish Ministers may by regulations make provision about the payment of compensation in connection with a transfer scheme under section 89(1). Subsection (2) sets out what the regulations under subsection (1) may make provision about.
Section 91: Interpretation of Part 7
227.Section 91 provides various definitions for the terms used in Part 7 of the Act.
