Heat Networks (Scotland) Act 2021
PART 1
Heat networks licences
Introductory
1
Meaning of “heat network”
2
Requirement for heat networks licence
3
Exemptions from requirement for heat networks licence
4
Meaning of “licensing authority”
Heat networks licence applications
5
Heat networks licence applications
Conditions of heat networks licence
6
Heat networks licence standard conditions
7
Heat networks licence standard conditions: supplementary
8
Heat networks licence special conditions
Duration of heat networks licence
9
Period of effect of heat networks licence
Modification of heat networks licence
10
Modification of heat networks licence
Revocation of heat networks licence
11
Revocation of heat networks licence
12
Appeals against revocation of heat networks licence
Miscellaneous
13
Form and manner etc. of applications under Part 1
14
Regulations about determining applications under Part 1
15
Guidance for licensing authority
16
Register of heat networks licences
17
Interpretation of Part 1
PART 2
Heat network consent
Introductory
18
Requirement for heat network consent
19
Exemptions from requirement for heat network consent
20
Designation of local authority as consent authority for the area of the local authority
21
Meaning of “appropriate consent authority”
Heat network consent applications
22
Heat network consent applications
23
Determining heat network consent applications
Heat network consent conditions or limitations
24
Heat network consent conditions or limitations
Transfer, modification and revocation of heat network consent
25
Transfer of heat network consent
26
Modification of heat network consent
27
Revocation of heat network consent
28
Appeals against notice of revocation given by local authority
Applications to local authorities: Ministerial powers of call-in, direction and appeal
29
Call-in of heat network consent applications etc. by the Scottish Ministers
30
Directions as to method of dealing with heat network consent applications etc. by local authorities
31
Appeals regarding applications for heat network consent etc. to local authorities
Compensation
32
Compensation on modification or revocation of heat network consent
Miscellaneous
33
Form and manner etc. of applications under Part 2
34
Effective community engagement: guidance
35
Regulations about decisions under Part 2
36
Applications and decisions under Part 2 where there is more than one appropriate consent authority
Enforcement of requirement for heat network consent
37
Meaning of “enforcement authority”
38
Power to require information about activities on land
39
Enforcement notice
40
Withdrawal or variation of enforcement notice
41
Appeals against enforcement notice
42
Offence of failing to comply with enforcement notice
43
Execution and cost of works required by enforcement notice
Heat network consent and planning permission
44
Deemed planning permission on Scottish Ministers granting or modifying heat network consent
45
Combining applications to local authorities for heat network consent and planning permission
PART 3
Heat network zones
Designation of heat network zone
46
Power to designate heat network zone
47
Duty on local authority to review heat network zoning in area
48
Designation of heat network zone by local authority
49
Designation of heat network zone by Scottish Ministers
Variation of heat network zone
50
Variation of heat network zone by local authority
51
Variation of heat network zone by Scottish Ministers
Local authorities acting jointly
52
Two or more local authorities acting jointly in relation to heat network zone
Ministerial direction and guidance
53
Ministerial power of direction to designate or vary heat network zone
54
Guidance
PART 4
Heat network zone permits
55
Meaning of “permit authority”
56
Requirement for heat network zone permit
57
Applications for heat network zone permit
58
Heat network zone permit: duration
59
Heat network zone permit: revocation
60
Appeals against revocation of heat network zone permit
61
Compensation on revocation of heat network zone permit
62
Enforcement of requirement for heat network zone permit
PART 5
Building assessment reports
63
Building assessment reports
64
Exemptions from duty to prepare building assessment reports
65
Notification of building assessment reports
66
Guidance about building assessment reports
67
Interpretation of Part 5
PART 6
Powers of licence holders
Compulsory acquisition of land
68
Compulsory acquisition of land by licence holder
Wayleave rights
69
Network wayleave right
70
Acquisition of necessary wayleave
71
Assignation of network wayleave rights
72
Variation of network wayleave right
73
Compensation on variation of a network wayleave right
74
Discharge of network wayleave right
75
Registration of network wayleave rights
76
Requirement to remove apparatus when notified
77
Compensation in connection with network wayleave rights
Other powers over land
78
Power to carry out survey
79
Power to enter land to replace or repair apparatus
80
Restrictions on powers of licence holders
81
Compensation for damage or disturbance
Road works
82
Power to carry out road works
Interpretation
83
Interpretation of Part 6
PART 7
Key heat network assets
84
Identifying key heat network assets
85
Preparing schedule of key heat network assets
86
Notifying Scottish Ministers of changes in key network assets
87
Modifying schedule of key heat network assets
88
Preparation and maintenance of schedule of key network assets: further provision
89
Transfer schemes
90
Compensation in connection with transfer schemes
91
Interpretation of Part 7
PART 8
Heat networks targets and delivery plans
92
Heat network supply targets
93
Heat networks delivery plan
PART 9
Miscellaneous and general
Fees
94
Fees for applications etc.
Local authority costs
95
Strategy: local authority costs
General
96
Individual culpability where organisation commits offence
97
Crown application: general
98
Crown application: powers of entry
99
Regulations
100
Ancillary provision
101
General interpretation
102
Commencement
103
Short title

Heat Networks (Scotland) Act 2021
2021 asp 9
An Act of the Scottish Parliament to make provision for regulating the supply of thermal energy by a heat network, and for regulating the construction and operation of a heat network; to make provision about the powers of persons holding a heat networks licence; to make provision about conferring rights in heat network assets where a person ceases operating a heat network; to set targets relating to the supply of thermal energy by heat networks; to make provision about plans relating to increased use of heat networks; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 23rd February 2021 and received Royal Assent on 30th March 2021