Miscellaneous
Section 33: Form and manner etc. of applications under Part 2
77.The Scottish Ministers can determine the form and manner in which a “relevant application” can be made as well as the information that is to be included in the application (subsection (1)) and must publish the determination in such manner as they consider appropriate (subsection (4)). “Relevant application” means a heat network consent application, a heat network consent modification application, or an application for a consent, agreement or approval required by a condition of a heat network consent (subsection (7)). A relevant application that does not conform to the requirements determined by the Scottish Ministers does not need to be considered by the appropriate consent authority (subsection (5)).
78.Subsection (2) specifies that, in determining the information that is to be included in a relevant application, the Scottish Ministers can require certain types of application to include a “community engagement report”. Subsection (3) clarifies that a “community engagement report” must set out the engagement that an applicant has undertaken with the relevant community, and how the views it has received have been taken into account.
79.Subsection (6) requires the Scottish Ministers to consult local authorities and any other persons they consider appropriate, prior to making any determination under subsection (1).
Section 34: Effective community engagement: guidance
80.Section 34 enables the Scottish Ministers to issue guidance about undertaking effective community engagement for the purpose of preparing a community engagement report (as defined in section 33(3)) where one is required.
81.Subsection (2) specifies that any such guidance may include guidance on the persons considered to form a “community” and how applicants are to undertake effective community engagement.
82.Subsection (3) requires the Scottish Ministers to consult such persons as they consider appropriate before issuing any guidance under section 34.
83.Subsection (4) requires the Scottish Ministers to publish any guidance developed under section 34, while subsection (5) requires any affected applicants (determined under section 33(1)(b)) to have regard to the guidance issued.
Section 35: Regulations about decisions under Part 2
84.Subsection (1) provides that the Scottish Ministers may by regulations make provision about the procedure to be followed in determining relevant applications (as defined in section 33(7)) or deciding whether to modify a heat network consent on the appropriate consent authority’s own initiative under section 26(2)(b).
85.Subsection (1) also provides that those regulations may make provision about the publication and notification of relevant applications, determinations made in relation to them, and in relation to the publication and notification of a decision to modify a heat network consent under section 26(2)(b).
86.Regulations may also make provision regarding the consideration that the appropriate consent authority must give, before determining relevant applications or deciding whether to modify a heat network consent under section 26(2)(b), to the likely effect of the construction or the operation of the heat network concerned on the environment generally and, in particular, in contributing to the reduction in greenhouse gas emissions, and in contributing to meeting the fuel poverty targets (subsection (2)).
87.Subsection (3) requires the Scottish Ministers to consult local authorities, the Scottish Fuel Poverty Advisory Panel, and any other persons they consider appropriate, prior to making regulations under subsection (1)
Section 36: Applications and decisions under Part 2 where there is more than one appropriate consent authority
88.Section 36 enables the Scottish Ministers to make provision about how applications and decisions are to be made under Part 2, in the event that there is more than one appropriate consent authority in relation to an application or decision. Subsection (2) enables such regulations to modify the Act and any regulations made under it.
