Heat Networks (Scotland) Act 2021

Miscellaneous

13 Form and manner etc. of applications under Part 1

(1) The Scottish Ministers may determine—

(a) the form and manner in which—

(i) a heat networks licence application is to be made,

(ii) a heat networks licence modification application is to be made,

(b) the information (including the information in the form of a document) that must be included in—

(i) a heat networks licence application,

(ii) a heat networks licence modification application.

(2) The Scottish Ministers must arrange for any determination under subsection (1) to be published in such manner as they consider appropriate.

(3) The licensing authority need not consider—

(a) a heat networks licence application, or

(b) a heat networks licence modification application,

that does not comply with a requirement determined under subsection (1).

14 Regulations about determining applications under Part 1

The Scottish Ministers may by regulations make provision about—

(a) the procedure to be followed by the licensing authority in determining—

(i) a heat networks licence application,

(ii) a heat networks licence modification application,

(b) the notification and publication of—

(i) such an application,

(ii) determinations made in relation to it.

15 Guidance for licensing authority

(1) The Scottish Ministers may issue guidance to the licensing authority about the exercise of its functions under this Part.

(2) Guidance under subsection (1) may in particular include guidance relating to—

(a) the matters mentioned in section 5(4) (either generally or in a particular case or category of case),

(b) the exercise of the licensing authority’s functions under this Part as they apply in relation to the supply of thermal energy by means of an existing heat network,

(c) decision-making protocols,

(d) methods of communication with persons applying for, and persons holding, a heat networks licence.

(3) The licensing authority must have regard to any guidance issued under subsection (1).

(4) The Scottish Ministers must publish guidance issued under subsection (1) in such manner as they consider appropriate.

16 Register of heat networks licences

(1) The licensing authority must prepare and maintain a register of heat networks licences.

(2) The register must contain the following information about each heat networks licence—

(a) the name and address of the person to whom the licence was issued,

(b) the terms of the licence,

(c) the date on which the licence took effect,

(d) if the licence is not continuing in effect, the date on which the licence ceased to have effect.

(3) The register must also contain such other information as the Scottish Ministers may by regulations specify.

(4) The licensing authority must make arrangements to enable members of the public to inspect the register free of charge.

17 Interpretation of Part 1

(1) In this Part—

• “heat networks licence application” has the meaning given in section 5(2),

• “heat networks licence modification application” has the meaning given in section 10(3),

• “standard conditions” has the meaning given in section 6(2).

(2) In this Part, references to the activities authorised (or to be, or would be, authorised) by a heat networks licence means the supply of thermal energy by means of a heat network by the person holding the licence.