General
Section 96: Individual culpability where organisation commits offence
239.Section 96 provides that where an offence is committed by a relevant organisation and the commission of the offence involves the consent or connivance or is attributable to neglect on the part of the responsible individual, the responsible individual also commits the offence. Subsections (3) and (4) provide definitions of “relevant organisation” and “responsible individual”.
Section 97: Crown application: general
240.Subsection (1) provides that nothing in the Act makes the Crown criminally liable, although this does not affect the criminal liability of persons in service of the Crown (subsection (3)).
Section 98: Crown application: powers of entry
241.Section 98 provides that a power of entry conferred under the Act is exercisable in relation to Crown land specified in column 1 of the table only with the consent of the appropriate authority listed in column 2.
Section 99: Regulations
242.Subsection (1) provides that the powers of the Scottish Ministers to make regulations under the Act includes the power to make different provision for different purposes. Subsections (2) and (3) specify the regulation making powers under the Act that are subject to the affirmative parliamentary procedure, with all other regulation making powers subject to the negative procedure (save for regulations to commencement provisions under section 102(2)).
Section 100: Ancillary provision
243.Section 100 provides the Scottish Ministers with a regulation making power to make any incidental, supplementary, consequential, transitional, transitory or saving provision that they consider appropriate for the purposes of, in connection with, or for giving full effect to the Act or any provision made under it.
Section 101: General Interpretation
244.Section 101 sets out various definitions for terms used throughout the Act.
Section 102: Commencement
245.Section 102 provides that sections, 97 to 101, 102 and 103 come into force on the day after Royal Assent and that the other provisions of the Act come into force on such day as the Scottish Ministers may by regulations appoint.
Section 103: Short title
246.Section 103 provides that the Act will be known as the Heat Networks (Scotland) Act 2021.
