PART 2

Heat network consent

Enforcement of requirement for heat network consent

Power to require information about activities on land
38
1
This section applies where—
a
section 18(1) applies in relation to a heat network and it appears to the enforcement authority that the heat network—
i
is being constructed (or has been constructed) on land without a heat network consent in relation to the heat network,
ii
is being operated (or has been operated) on land without a heat network consent in relation to the heat network, or
b
it appears to the enforcement authority that there has been a failure to comply with a condition or limitation to which a heat network consent in relation to a heat network situated on land is subject.
2
The enforcement authority may give notice outlining its concerns (a “contravention notice”) to any person who—
a
is the owner or occupier of the land or has any other interest in it, or
b
is carrying out operations on the land or is using it for any purpose.
3
A contravention notice may require the person to whom it is given to give such information as may be specified in the notice in relation to—
a
any operations being carried out on the land, any use of the land and any other activities being carried out on the land,
b
any matter relating to conditions or limitations to which a heat network consent in relation to a heat network situated on the land is subject.
4
In this section, references to—
a
the construction or operation of a heat network on land include references to the construction or operation of a heat network under or over the land,
b
a heat network situated on land include references to a heat network situated under or over the land,
c
operations or activities on land include references to operations or activities under or over the land.