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Heat Networks (Scotland) Act 2021

Applications to local authorities: Ministerial powers of call-in, direction and appeal
Section 29: Call-in of heat network consent applications etc. by the Scottish Ministers

63.Section 29 provides that the Scottish Ministers may give directions requiring a heat network consent application, heat network consent modification application, or an application or consent etc. required by a heat network consent condition, be considered by them rather than a local authority as the appropriate consent authority. That is to say, the Scottish Ministers may require the “call-in” of such applications.

64.Subsection (3) specifies that a direction must be made in writing; may be withdrawn or modified by a subsequent direction; may be made to an individual local authority acting as appropriate consent authority, or to those acting as consent authorities generally; and can relate to specific applications or to applications of a particular type as set out in the direction.

65.Where an application is called-in, sections 23, 24, 26, and 33(5) apply to the called-in application as they apply to an application that is to be determined by the local authority as the appropriate consent authority (subsection (5)) except that references in those sections to “the appropriate consent authority” are to be read as references to “the Scottish Ministers”.

66.Subsection (6) enables the Scottish Ministers, by regulations, to make further provision about directions and the determination of called-in applications. Subsection (7) specifies that any such regulations may include provision about the notification and publication of notices to local authorities and the procedure for determining called-in applications.

67.Subsection (8) enables regulations under section 29 to modify any enactment.

Section 30: Directions as to method of dealing with heat network consent applications etc. by local authorities

68.Section 30 enables the Scottish Ministers, by regulations, to make provision about how local authorities as appropriate consent authorities are to deal with heat network consent applications, heat network consent modification applications, and applications relating to conditions etc. required by a heat network consent condition.

69.Subsection (3) specifies that any such regulations may include provision about: restricting the ability of local authorities to determine applications; requiring local authorities to consider imposing a condition in respect of an application; providing information to the Scottish Ministers (and others if specified in the regulations) about an application.

Section 31: Appeals regarding applications for heat network consent etc. to local authorities

70.Section 31 enables appeals to be made to the Scottish Ministers about certain decisions or failures of a local authority as the appropriate consent authority. Subsection (1) specifies the decisions or failures that may be appealed to the Scottish Ministers.

71.Subsection (4) enables the Scottish Ministers, by regulations, to make further provision in connection with appeals and subsection (5) specifies for what matters any such regulations may provide.

72.Subsection (6) specifies that the reference in subsection (5)(e) to regulations under subsection (4) making provision about the manner in which appeals are to be conducted includes provision about the holding of inquiries or hearings.

73.Subsection (7) specifies the maximum penalty that may be provided for in regulations creating an offence under subsection (4) 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.

74.Subsection (8) enables regulations under subsection (4) to modify any enactment.

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