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Heat Networks (Scotland) Act 2021

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)

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