Section 39: Enforcement notice
92.Subsection (1) specifies that where there is a requirement for a heat network consent (see section 18(1)) and it appears to the enforcement authority that the heat network is being (or has been) constructed or operated without a heat network consent, the enforcement authority may issue an enforcement notice. If the heat network is being (or has been) constructed or operated by a person on their own behalf without the person holding a heat network consent, the notice may be given to that person. If the heat network is being (or has been) constructed or operated by a person on behalf of another person without the other person holding a heat network consent, the notice may be given to either of those persons, that is, the principal or the contractor.
93.Subsection (2) also allows the enforcement authority to issue an enforcement notice to a person holding a heat network consent where it is believed that a condition or limitation of the consent is not being complied with.
94.An enforcement notice must specify the date on which it is to take effect (being not less than 28 days after the date on which the notice is given), set out the reasons why it has been given, and specify the steps the person is required to take and/or the activities the enforcement authority requires to cease in order to achieve (wholly or partly) either of the purposes mentioned in subsection (5) (subsections (3) and (4)). Subsection (5) lists the purposes referred to in subsection (4), namely the person’s compliance with section 18(1) or where the person’s failure to comply with section 18(1) has affected the condition of any land, the restoration of that land. The enforcement notice may in particular require the alteration or removal of buildings or works, the carrying out of building or other operations, or prohibit certain activities (subsection (6)). It should specify the period for compliance and may require different steps to be taken over different periods or different activities that are required to cease (subsection (7)). Subsection (8) defines “enforcement notice”.
