87Modifying schedule of key heat network assetsS
(1)If the Scottish Ministers consider that property that is a listed asset of a heat network has ceased to be a key asset of the heat network, the Scottish Ministers must remove the details of the listed asset from the schedule of key heat network assets for the heat network.
(2)If the Scottish Ministers consider that property that is not a listed asset of a heat network has become a key asset of the heat network, the Scottish Ministers must include details of the property in the schedule of key heat network assets for the heat network.
(3)Before including details of property in the schedule of heat network assets pursuant to subsection (2), the Scottish Ministers must give notice of the proposal to—
(a)each person with an interest in the property, and
(b)such other persons as the Scottish Ministers consider appropriate.
(4)The notice must—
(a)give reasons why the property appears to the Scottish Ministers to be a key asset of the heat network,
(b)explain the consequence of the property becoming a listed asset, and
(c)specify the period (which is to be not less than 28 days from the date on which the notice is given) within which the recipient of the notice may make representations about the proposal.
(5)Where the Scottish Ministers include details of a key asset of a heat network in the schedule of key network assets for the heat network pursuant to subsection (2), the Scottish Ministers must give notice of that fact to each person with an interest in the key asset.
(6)The Scottish Ministers must give notice under subsection (3) or (5) in such form and manner as they may specify by regulations.
(7)It does not matter for the purposes of subsection (1) or (2) whether the Scottish Ministers form the view mentioned in either of those subsections—
(a)following receipt of a heat network consent modification application of the type mentioned in section 84(1)(b),
(b)following notification under section 86(1), or
(c)on their own initiative.
Commencement Information
I1S. 87 in force at 16.1.2023 for specified purposes by S.S.I. 2022/376, reg. 2, sch.