Revocation of heat networks licence
Section 11: Revocation of heat networks licence
28.Subsection (1) provides that the licensing authority may revoke a licence issued by it if the licence holder no longer has the ability to perform the activities authorised by the licence, or has failed to comply with a condition of the licence.
29.Subsection (2) provides that in deciding whether a licence holder no longer has the ability to perform the activities authorised by the licence, the licensing authority must have regard to 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. It does not matter whether or not the licence holder has failed to comply with a terms of the licence.
30.The licensing authority may not revoke a licence unless satisfied it is reasonable to do so having regard to the terms of the licence, the responsibilities of the licence holder to final customers and any other matters the authority considers relevant (subsection (3)). Before revoking a heat networks licence, the licensing authority must give notice to the licence holder of the proposed revocation (subsection (4)). The notice must state the reasons why the revocation is proposed. The notice must also specify the period, being not less than 28 days from the date on which the notice was given, within which the applicant may make representations to the licensing authority (subsection (5)).
31.The licensing authority may revoke a heat networks licence by giving notice of revocation to the licence holder specifying the reasons for revocation and the date from which the revocation is to have effect (subsections (6) and (7)).
32.Subsection (8) enables the Scottish Ministers by regulations to make further procedural provision in connection with revocation of a heat networks licence.
Section 12: Appeals against revocation of heat networks licence
33.Section 12 enables the Scottish Ministers, by regulations, to set out an appeals process for appeals against revocation of heat networks licences. Subsection (2) sets out what matters such regulations may make provision for. Subsection (3) enables regulations under subsection (1) to modify any enactment.
