Section 2: Requirement for heat networks licence
8.Subsection (1) prohibits any person from supplying thermal energy to a building through a heat network unless the person holds a “heat networks licence” (defined in subsection (5)). A person who contravenes subsection (1) commits an offence (subsection (2)). Subsection (3) provides for a reasonable excuse defence in relation to the offence in subsection (2). Subsection (4) provides that a person who commits such an offence can be prosecuted either on summary complaint or on indictment and is liable to a fine, which on summary conviction may not exceed the statutory maximum. The statutory maximum is set out in the Criminal Procedure (Scotland) Act 1995, as amended, and is currently set at £10,000 (see section 225(8) of that Act, as read with the definition of “statutory maximum” in schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010).
