Section 56: Requirement for heat network zone permit
129.Subsection (1) provides that the permit authority may by notice provide that a person may only operate a heat network in a heat network zone if the person or a person on whose behalf the heat network is operated holds a heat network zone permit.
130.Subsection (2) clarifies that any notice prohibiting the operation of a heat network without a heat network zone permit for the area may not require a person to hold a permit if that person was entitled to operate a heat network in the area immediately before the notice takes effect. A person is entitled to operate a heat network if at that time they hold a heat network consent in relation to the operation of the heat network, or they are exempt from the requirement to hold a heat network consent in relation to the operation of the heat network by virtue of regulations under section 19(1) (subsection 3). A permit authority may also revoke a notice (subsection (5)). The permit authority may not issue or revoke a notice except in certain circumstances, or when certain procedures have not been complied with. These procedures and circumstances may be specified in regulations made by the Scottish Ministers (subsections (4), (6) and (8)). The permit authority must publish a notice and give notice of the revocation in such form and manner as may be specified in regulations made by the Scottish Ministers (subsection (7)). Subsection (9) clarifies that “heat network zone permit” is a permit issued by the permit authority.
