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Heat Networks (Scotland) Act 2021
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Variation of heat network zoneS
50Variation of heat network zone by local authorityS
(1)A local authority may vary a heat network zone situated in its area if the heat network zone was designated by the local authority under section 46(1).
(2)In considering whether to vary a heat network zone under subsection (1), a local authority must have regard to the matters mentioned in section 48(1).
(3)Before deciding whether to vary a heat network zone under subsection (1), a local authority must consult such persons, and in such manner, as the Scottish Ministers may specify by regulations.
(4)Having had regard to the matters mentioned in section 48(1) and complied with the requirements under subsection (3), the local authority may—
(a)vary the heat network zone, or
(b)decide not to vary the heat network zone.
(5)If the local authority varies the heat network zone, it must—
(a)identify the area of the heat network zone as varied in a document by reference to a map,
(b)specify in the document the day on which the variation takes effect, and
(c)publish the document in such manner as the Scottish Ministers may specify by regulations.
Commencement Information
I1S. 50 in force at 16.1.2023 for specified purposes by S.S.I. 2022/376, reg. 2, sch.
I2S. 50 in force at 30.5.2023 in so far as not already in force by S.S.I. 2023/148, reg. 2(1)(2)(e)
51Variation of heat network zone by Scottish MinistersS
(1)The Scottish Ministers may vary a heat network zone—
(a)following a request by the local authority in whose area the heat network zone is situated, or
(b)on the Scottish Ministers' own initiative.
(2)It does not matter for the purposes of subsection (1) whether the heat network zone was designated by—
(a)a local authority, or
(b)the Scottish Ministers.
(3)In deciding whether to vary a heat network zone under subsection (1), the Scottish Ministers must have regard to the matters mentioned in section 48(1).
(4)Before deciding whether to vary a heat network zone, the Scottish Ministers must consult—
(a)each local authority in whose area the heat network zone is situated,
(b)such other persons as they consider appropriate.
(5)Having had regard to the matters mentioned in section 48(1) and complied with the requirements under subsection (4), the Scottish Ministers may—
(a)vary the heat network zone, or
(b)decide not to vary the heat network zone.
(6)If the Scottish Ministers vary the heat network zone under subsection (5)(a), they must—
(a)identify the area of the heat network zone as varied in a document by reference to a map,
(b)specify in the document the day on which the variation takes effect, and
(c)publish the document in such manner as they consider appropriate.
Commencement Information
I3S. 51 in force at 30.5.2023 by S.S.I. 2023/148, reg. 2(1)(2)(f)
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