PART 4

Heat network zone permits

Requirement for heat network zone permit
56
1
The permit authority may by notice prohibit the operation of a heat network in such heat network zone as may be designated in the notice unless a heat network zone permit for the heat network zone is held by—
a
the person operating the heat network, or
b
the person on whose behalf the heat network is operated.
2
But a notice under subsection (1) designating a heat network zone may not require a person who is entitled to operate a heat network in the heat network zone immediately before the day on which the notice takes effect to hold a heat network zone permit for the heat network zone in order to—
a
operate the heat network, or
b
permit another person to operate the heat network on their behalf.
3
For the purposes of subsection (2), a person is entitled to operate a heat network if at that time the person—
a
holds a heat network consent in relation to the operation of the heat network, or
b
is 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).
4
But the permit authority may not issue a notice under subsection (1)—
a
in such circumstances as may be specified,
b
if any specified procedure has not been complied with.
5
The permit authority may revoke a notice issued under subsection (1).
6
But the permit authority may not revoke a notice issued under subsection (1)—
a
in such circumstances as may be specified,
b
if any specified procedure has not been complied with.
7
The permit authority must—
a
publish a notice issued under subsection (1), and
b
give notice of the revocation of a notice issued under subsection (1),
in such form and manner as may be specified.
8
In this section, “specified” means specified in regulations made by the Scottish Ministers.
9
In this Part, a “heat network zone permit” is a permit issued by the permit authority.