Transfer, modification and revocation of heat network consent
Section 25: Transfer of heat network consent
52.The transfer of a heat network consent is permitted with the agreement of the appropriate consent authority (subsection (1)). The appropriate consent authority may agree to the transfer of the consent, subject to the modification of any condition or limitation of the consent, or may require additional conditions or limitations to be included in the terms of the consent (subsection (2)).
Section 26: Modification of heat network consent
53.The appropriate consent authority may modify a heat network consent (subsection (1)) either following the application of the consent holder or on its own initiative (subsection (2)). An application by a consent holder is to be referred to as a “heat network consent modification application” (subsection (3)). If the appropriate consent authority decides to modify a heat network consent, a copy of the modified consent must be given to the consent holder (subsection (4)).
Section 27: Revocation of heat network consent
54.Section 27 enables the Scottish Ministers, by regulations, to set out the circumstances in which the appropriate consent authority may revoke a heat network consent.
55.Subsection (2) requires the appropriate consent authority to give notice to the consent holder of its intention to revoke a heat network consent prior to doing so. Subsection (3) then specifies what that notice must include.
56.Where an appropriate consent authority proceeds to revoke a consent, it may do so by notifying the consent holder (subsection (4)). Subsection (5) requires that where doing so, the consent authority must specify in its notice the reason(s) for revocation and the date from which revocation will take effect.
57.Subsection (7) enables the Scottish Ministers, by regulations, to make further procedural provision in relation to the revocation of heat network consent.
Section 28: Appeals against notice of revocation given by local authority
58.Section 28 enables consent holders to appeal to the Scottish Ministers in the event that a local authority, in its capacity as the appropriate consent authority, proposes to revoke a heat network consent.
59.Where such an appeal is made, subsection (2) prevents a notice of revocation issued by a local authority (under section 27) from taking effect pending the final determination or withdrawal of the appeal.
60.Subsection (3) allows the Scottish Ministers, by regulations, to make provision about appeals under section 28. Subsection (4) specifies the matters for which any such regulations may provide.
61.Subsection (5) specifies that the reference in subsection (4)(e) to regulations under subsection (3) making provision about the manner in which appeals are to be conducted includes provision about the holding of inquiries or hearings. Subsection (6) specifies the maximum penalty that may be provided for in regulations creating an offence under subsection (3) which is, on summary conviction, to a fine not exceeding level 1 on the standard scale or imprisonment for a period not exceeding 3 months.
62.Subsection (7) enables regulations under section 28 to modify any enactment.
