Heat Networks (Scotland) Act 2021

Heat network consent applications

22 Heat network consent applications

(1) A person may apply to the appropriate consent authority for a heat network consent.

(2) An application under subsection (1) is referred to in this Act as a “heat network consent application”.

(3) A person may make a heat network consent application in relation to—

(a) the construction of a heat network,

(b) the operation of a heat network, or

(c) both.

23 Determining heat network consent applications

(1) The appropriate consent authority may—

(a) agree to a heat network consent application and grant a heat network consent, or

(b) refuse the application.

(2) Subsection (3) applies to a heat network consent application relating to—

(a) the construction and operation of a heat network, or

(b) the operation of a heat network.

(3) Before agreeing to the application and granting a heat network consent for a heat network, the appropriate consent authority must be satisfied that each person to whom the consent is to be granted has (or will have) a right to use each listed asset of the heat network for the purpose of operating the heat network.

(4) Where the appropriate consent authority proposes to refuse a heat network consent application, it must give the applicant notice—

(a) stating that it proposes to refuse the application,

(b) stating the reasons why it proposes to refuse the application, and

(c) specifying the date by which the applicant may make representations about the proposed refusal to the appropriate consent authority.

(5) In subsection (3), “listed asset”, in relation to a heat network, has the meaning given in section 91.