Designation of heat network zone
Section 46: Power to designate heat network zone
105.Section 46 provides that a local authority may at any time designate an area (within its area) as a “heat network zone”, being an area that is particularly suitable for the construction and operation of a heat network, in accordance with section 48. The Scottish Ministers may designate an area as a heat network zone in accordance with section 49 (subsection (2)). Subsection (3) defines a “heat network zone” as an area designated by a local authority or the Scottish Ministers.
Section 47: Duty on local authority to review heat network zoning in area
106.Each local authority must carry out a review to consider whether one or more areas in its area is likely to be particularly suitable for the construction and operation of a heat network (subsection (1)). Subsection (2) provides that the first review must be carried out as soon as practicable after the day on which section 47 comes into force and each subsequent review by no later than 5 years after the local authority last published a statement setting out its decision under subsection (6).
107.Subsection (2) specifies that in carrying out the review under subsection (1), a local authority must have regard to the matters mentioned in section 48(1).
108.If following a review, the local authority found any area or areas that may be particularly suitable for the construction or operation of a heat network, the local authority must decide (in relation to each area) to either proceed to considering whether to designate the area as a heat network zone in accordance with section 48, or to request that the Scottish Ministers consider whether to designate the area under section 49 (subsection (4)).
109.A local authority may not make a request to the Scottish Ministers to designate an area as a heat network zone if the area is subject to a direction under section 53. Under section 53, the Scottish Ministers may direct a local authority to designate or vary a heat network zone in its area.
110.A local authority must, after each review, publish a statement in relation to each area considered as part of the review (subsection (6)). The statement has to explain whether the local authority considers that the area is likely to be particularly suitable for the construction and operation of a heat network and, if the area is considered to be particularly suitable, identifying the area by reference to a map and setting out reasons for its decision. The Scottish Ministers may by regulations specify any further information that must be included in a statement, how it is to be published, the persons to whom copies are to be sent and such other requirements as they consider appropriate (subsection (7)).
Section 48: Designation of heat network zone by local authority
111.Subsection (1) sets out the list of matters that a local authority must have regard to when considering whether to designate an area as a heat network zone. The Scottish Ministers may also specify further matters by regulations.
112.Prior to designating a heat network zone, subsection (2) imposes a duty on local authorities to consult such persons and in such manner as the Scottish Ministers may specify by regulations.
113.Having regard to the matters set out in subsection (1) and having complied with the requirements under subsection (2), a local authority may designate an area as a heat network zone or decide not to (subsection (3)).
114.If a local authority chooses to designate an area as a heat network zone, subsection (4) requires the local authority to identify the area in a document with reference to a map, specify in the document the day on which the designation comes into effect and publish the document in such manner as the Scottish Ministers may specify by regulations.
Section 49: Designation of heat network zone by Scottish Ministers
115.Where the Scottish Ministers are considering whether to designate an area within a local authority area as a heat network zone following a request made by a local authority or on the Scottish Ministers own initiative, they must have regard to the matters referred to in section 48(1) and must consult with each local authority in whose area the proposed zone would be situated as well as such other persons as they consider appropriate (subsection (3)).
116.Subsection (4) provides that the Scottish Ministers may designate the area as a heat network zone or decide not to. The Scottish Ministers must identify the area in a document with reference to a map, specify in the document the day on which the designation comes into effect and publish the document in a manner they consider appropriate (subsection (5)).
