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Heat Networks (Scotland) Act 2021
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This version of this provision is prospective.
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Changes to legislation:
Heat Networks (Scotland) Act 2021, Section 76 is up to date with all changes known to be in force on or before 17 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 76:
- s. 12A and cross-heading inserted by S.I. 2025/269 reg. 68(2)
- s. 16A-16C inserted by S.I. 2025/269 reg. 68(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 12A and cross-heading inserted by S.I. 2025/269 reg. 68(2)
- s. 16A-16C inserted by S.I. 2025/269 reg. 68(3)
Prospective
76Requirement to remove apparatus when notifiedS
This section has no associated Explanatory Notes
(1)This section applies where—
(a)a person (the “right holder”) has a right to remove (or require the removal of) any heat network apparatus installed in the land by a licence holder, and
(b)the right holder seeks the removal of all or part of the heat network apparatus.
(2)The right holder must give written notice to the licence holder who is operating (or who has most recently operated) the heat network of which the heat network apparatus forms part requiring the licence holder to remove such part of the heat network apparatus as may be specified in the notice.
(3)The licence holder must comply with the notice given under subsection (2) by no later than the end of the period of 3 months beginning with the day on which the notice is given unless subsection (4) applies.
(4)This subsection applies if, before the end of the period of 3 months mentioned in subsection (3), the licence holder—
(a)applies to the Scottish Ministers for the grant of a necessary wayleave, or
(b)by virtue of section 68(1), submits a compulsory purchase order in respect of the land to the Scottish Ministers for confirmation by them.
(5)If subsection (4) applies and the Scottish Ministers—
(a)refuse the application for the grant of a necessary wayleave, or (as the case may be)
(b)decide not to confirm the compulsory purchase order,
the licence holder must comply with the notice given under subsection (2) by no later than the end of the period of 3 months beginning with the day on which the licence holder receives notice of the Scottish Ministers' decision.
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