Introductory
Section 18: Requirement for heat network consent
39.A heat network must not be constructed or operated without a heat network consent (subsection (1)).
40.References in this Act to the construction of a heat network include references to the construction of an extension to an existing heat network (subsection (2)). The term “heat network consent” is defined in subsection (3).
Section 19: Exemptions from requirement for heat network consent
41.Subsection (1) enables the Scottish Ministers by regulations to create exemptions to the requirement for a heat network consent in specified circumstances and in relation to heat networks of a specified description.
42.The Scottish Ministers may grant exemptions either indefinitely, or for a specified period, and either unconditionally, or subject to conditions (subsection (2)) and may make different provision for different areas (subsection (3)).
Section 20: Designation of local authority as consent authority for the area of the local authority
43.Section 20 enables the Scottish Ministers, by regulations, to designate a local authority as the consent authority for the area of the local authority (subsection (1). Where a local authority is designated as a consent authority for its area, it becomes responsible for the functions set out in Part 2, in relation to its area.
44.Subsection (2) specifies that, when a local authority submits a written request to the Scottish Ministers to become the consent authority for the area of the local authority, the Scottish Ministers must make regulations designating the local authority as such (under section subsection (1)) within 6 months, unless the local authority has withdrawn the request in writing.
45.Subsection (3) allows any regulations made under subsection (1) to modify Parts 2 or 7 of the Act, as may be necessary as a result of designating a local authority as the consent authority for its area.
46.Subsection (4) requires the Scottish Ministers to consult the local authority that is due to be designated as the consent authority for its area, and any other persons they consider appropriate, before making regulations under subsection (1).
47.When regulations under subsection (1) are subject to the affirmative procedure (that is where they textually amend an Act), then references to “making regulations under subsection (1)” in subsections (2) and (4) should instead be read as “laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament” (subsection (5)).
Section 21: Meaning of “appropriate consent authority”
48.Section 21 provides that for the purposes of Part 2, an “appropriate consent authority” is either: a local authority which has been designated as consent authority for its area by regulations under section 20(1); or the Scottish Ministers, in those areas where the local authority has not been designated as a consent authority for its area by regulations under section 20(1).
