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Heat Networks (Scotland) Act 2021

Heat networks licence applications
Section 5: Heat networks licence applications

13.Any person may apply for a heat networks licence (subsection (1)).

14.Subsection (3) provides that the licensing authority may grant an application only if it is satisfied that the applicant has the ability to perform the activities authorised by the licence and, when making such an assessment, it must have regard to the matters set out in subsection (4), namely the applicant’s knowledge, expertise and experience, the applicant’s ability to operate a heat network in a manner that minimises greenhouse gas emissions, takes account of the just transition principles (within the meaning of section 35C of the Climate Change (Scotland) Act 2009), contributes to meeting Scotland’s fuel poverty targets and such other matters as may be specified by the Scottish Ministers by regulations.

15.The licensing authority must issue the licence to the applicant as soon as practicable after it is granted (subsection (5)).

16.Subsection (6) provides that in the event that the licensing authority proposes to refuse a licence application, it must notify the applicant of its intention and state the reasons why it proposes to refuse the application. The notice must specify the period within which the applicant may make representations to the licensing authority regarding the proposed refusal and such period must be not less than 28 days from the date on which notice was given.

17.The licensing authority must also notify the applicant of its decision to refuse an application as soon as is practicable (subsection (7)).

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