PART 2

Heat network consent

Applications to local authorities: Ministerial powers of call-in, direction and appeal

Call-in of heat network consent applications etc. by the Scottish Ministers
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1
The Scottish Ministers may give directions requiring an application of a type mentioned in subsection (2) to be referred to them instead of being dealt with by a local authority as the appropriate consent authority.
2
The types of applications are—
a
a heat network consent application,
b
a heat network consent modification application,
c
an application for a consent, agreement or approval required by a condition to which a heat network consent is subject.
3
A direction under subsection (1)—
a
must be set out in writing,
b
may be withdrawn or modified by a subsequent direction,
c
may be given to a particular local authority acting as the appropriate consent authority or to local authorities acting in that capacity generally,
d
may relate either to a particular application or to applications of such description as may be specified in the direction.
4
Any application in respect of which a direction has effect under subsection (1) must be referred to the Scottish Ministers.
5
Where an application is referred to the Scottish Ministers under this section (a “called-in application”), sections 23, 24, 26 and 33(5) apply to the called-in application as they apply to an application that is to be determined by a local authority as the appropriate consent authority except that the references in those sections to “the appropriate consent authority” are to be read as references to “the Scottish Ministers”.
6
The Scottish Ministers may by regulations make further provision about directions under subsection (1) and the determination of called-in applications pursuant to such a direction.
7
Regulations under subsection (6) may in particular include provision about—
a
the notification and publication of directions—
i
given under subsection (1), or
ii
withdrawn or modified under subsection (3)(b),
b
the procedure for determining called-in applications.
8
Regulations under subsection (6) may modify any enactment (including this Act).