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Heat Networks (Scotland) Act 2021

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.

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