Heat Networks (Scotland) Act 2021

Miscellaneous S

Prospective

13 Form and manner etc. of applications under Part 1 S

(1) The Scottish Ministers may determine—

(a) the form and manner in which—

(i) a heat networks licence application is to be made,

(ii) a heat networks licence modification application is to be made,

(b) the information (including the information in the form of a document) that must be included in—

(i) a heat networks licence application,

(ii) a heat networks licence modification application.

(2) The Scottish Ministers must arrange for any determination under subsection (1) to be published in such manner as they consider appropriate.

(3) The licensing authority need not consider—

(a) a heat networks licence application, or

(b) a heat networks licence modification application,

that does not comply with a requirement determined under subsection (1).

Prospective

14 Regulations about determining applications under Part 1 S

The Scottish Ministers may by regulations make provision about—

(a) the procedure to be followed by the licensing authority in determining—

(i) a heat networks licence application,

(ii) a heat networks licence modification application,

(b) the notification and publication of—

(i) such an application,

(ii) determinations made in relation to it.

Prospective

15 Guidance for licensing authority S

(1) The Scottish Ministers may issue guidance to the licensing authority about the exercise of its functions under this Part.

(2) Guidance under subsection (1) may in particular include guidance relating to—

(a) the matters mentioned in section 5(4) (either generally or in a particular case or category of case),

(b) the exercise of the licensing authority's functions under this Part as they apply in relation to the supply of thermal energy by means of an existing heat network,

(c) decision-making protocols,

(d) methods of communication with persons applying for, and persons holding, a heat networks licence.

(3) The licensing authority must have regard to any guidance issued under subsection (1).

(4) The Scottish Ministers must publish guidance issued under subsection (1) in such manner as they consider appropriate.

Prospective

16 Register of heat networks licences S

(1) The licensing authority must prepare and maintain a register of heat networks licences.

(2) The register must contain the following information about each heat networks licence—

(a) the name and address of the person to whom the licence was issued,

(b) the terms of the licence,

(c) the date on which the licence took effect,

(d) if the licence is not continuing in effect, the date on which the licence ceased to have effect.

(3) The register must also contain such other information as the Scottish Ministers may by regulations specify.

(4) The licensing authority must make arrangements to enable members of the public to inspect the register free of charge.

[F1 16A Monitoring and review S

(1) The licensing authority must keep under review the supply of thermal energy by means of heat networks in Scotland.

(2) The licensing authority must, so far as it appears to it to be practicable from time to time to do so, monitor the carrying on of the activity mentioned in subsection (1), and the persons by whom it is carried on, with a view to facilitating the exercise of its function of enforcing the conditions of heat network licences.]

Textual Amendments

F1 Ss. 16A-16C inserted (27.1.2026) by The Heat Networks (Market Framework) (Great Britain) Regulations 2025 (S.I. 2025/269), regs. 1(4), 68(3)

[F1 16B Collecting information S

(1) To enable the licensing authority to comply with the duty in section 16A(2), the licensing authority may, by notice given to a person supplying thermal energy by means of a heat network, require that person to provide in the form and manner specified in the notice—

(a) documents specified or described in the notice that are in that person’s custody or under that person’s control; and

(b) information specified or described in the notice that relates to matters the licensing authority is under a duty to monitor.

(2) The notice must specify the time and place at which the person must give the documents or information to the licensing authority.

(3) The requirements of this section may be enforced as if—

(a) they were relevant requirements as defined in paragraph 37(6) of Schedule 18 to the Energy Act 2023;

(b) the person to whom the notice under subsection (1) is given were a person holding a heat network authorisation within paragraph 13 of Schedule 18 to that Act;

(c) the licensing authority were the Regulator as defined in section 217 of that Act; and

(d) the modifications in relation to offences in section 12A(2) of this Act also applied for the purpose of this subsection.]

Textual Amendments

F1 Ss. 16A-16C inserted (27.1.2026) by The Heat Networks (Market Framework) (Great Britain) Regulations 2025 (S.I. 2025/269), regs. 1(4), 68(3)

[F1 16C Records S

(1) The licensing authority must maintain records of information obtained under or by virtue of this Act relating to—

(a) persons whose application for a heat networks licence has been refused;

(b) persons whose heat networks licence has been revoked.

(2) The licensing authority is not required to maintain any records referred to in subsection (1) for longer than it considers appropriate having regard to the nature of the records and the purposes for which they may lawfully be used or disclosed by the licensing authority.

(3) This section does not affect the operation of the Public Records Act 1958 or the data protection legislation (within the meaning of the Data Protection Act 2018).]

Textual Amendments

F1 Ss. 16A-16C inserted (27.1.2026) by The Heat Networks (Market Framework) (Great Britain) Regulations 2025 (S.I. 2025/269), regs. 1(4), 68(3)

Prospective

17 Interpretation of Part 1 S

(1) In this Part—

• “heat networks licence application” has the meaning given in section 5(2),

• “heat networks licence modification application” has the meaning given in section 10(3),

• “standard conditions” has the meaning given in section 6(2).

(2) In this Part, references to the activities authorised (or to be, or would be, authorised) by a heat networks licence means the supply of thermal energy by means of a heat network by the person holding the licence.