Heat Networks (Scotland) Act 2021

Revocation of heat networks licence

11 Revocation of heat networks licence

(1) The licensing authority may revoke a heat networks licence if it considers that the person holding the licence—

(a) no longer has the ability to perform the activities authorised by the licence, or

(b) has failed to comply with a condition of the licence.

(2) For the purposes of subsection (1)(a)—

(a) in deciding whether the person holding a heat networks licence no longer has the ability to perform the activities authorised by the licence, the licensing authority is to have regard to the matters mentioned in section 5(4), and

(b) it does not matter whether or not the person holding the heat networks licence has failed to comply with a term of the licence.

(3) The licensing authority may not revoke a heat networks licence under subsection (1) unless it is satisfied that revocation is reasonable having regard to—

(a) the terms of the licence,

(b) the responsibilities of the person holding the licence to the person’s customers, and

(c) any other matters the licensing authority considers to be relevant.

(4) Before revoking a heat networks licence under subsection (1), the licensing authority must give notice of the proposed revocation to the person holding the licence.

(5) The notice must—

(a) state the reasons why the revocation is proposed, and

(b) specify the period (which is to be not less than 28 days from the date on which the notice is given) within which the person holding the licence may make representations about the proposed revocation to the licensing authority.

(6) The licensing authority may revoke a heat networks licence under subsection (1) by giving notice of revocation to the person holding the licence.

(7) A notice of revocation must specify—

(a) the reasons for the revocation, and

(b) the date from which the revocation is to have effect.

(8) The Scottish Ministers may by regulations make further provision about the procedure to be followed in connection with the revocation of a heat networks licence under subsection (1).

12 Appeals against revocation of heat networks licence

(1) The Scottish Ministers may by regulations make provision for or about appeals against revocation of heat networks licences.

(2) Regulations under subsection (1) may in particular make provision about—

(a) who may appeal,

(b) grounds of appeal,

(c) the way in which appeals are to be made,

(d) the information to be provided when making appeals,

(e) the procedure for determining appeals,

(f) who may determine appeals,

(g) the manner in which appeals are to be conducted,

(h) decisions that may be taken on appeal,

(i) how the determination of appeals is to be notified.

(3) Regulations under subsection (1) may modify any enactment (including this Act).