Heat Networks (Scotland) Act 2021

Introductory

18 Requirement for heat network consent

(1) A heat network must not be constructed or operated except in accordance with a heat network consent relating to—

(a) the construction of the heat network, or (as the case may be)

(b) the operation of the heat network.

(2) References in this Act to the construction of a heat network include references to the construction of an extension to an existing heat network.

(3) In this Act, a “heat network consent” means—

(a) a consent granted—

(i) under section 23(1)(a), or

(ii) pursuant to an appeal under section 31(2), or

(b) such a consent that is transferred under section 25(1).

19 Exemptions from requirement for heat network consent

(1) The Scottish Ministers may by regulations provide that the requirement imposed by section 18(1) does not apply—

(a) in circumstances specified in the regulations,

(b) in relation to heat networks of a description specified in the regulations.

(2) Regulations under subsection (1) may grant an exemption—

(a) either—

(i) indefinitely, or

(ii) for a period specified in the regulations,

(b) either—

(i) unconditionally, or

(ii) subject to conditions specified in the regulations.

(3) Regulations under subsection (1) may make different provision for different areas.

20 Designation of local authority as consent authority for the area of the local authority

(1) The Scottish Ministers may by regulations designate a local authority as the consent authority for the area of the local authority for the purposes of this Part.

(2) Where a local authority makes a written request to the Scottish Ministers that it be designated under subsection (1) as the consent authority for its area, the Scottish Ministers must make regulations under subsection (1) so designating the local authority before the expiry of the period of 6 months beginning with the day on which the request was made unless the local authority has withdrawn the request in writing.

(3) Regulations under subsection (1) may make provision modifying this Part and Part 7 in consequence of the designation made by the regulations.

(4) Before making regulations under subsection (1), the Scottish Ministers must consult—

(a) the local authority whom the regulations would (if made) designate as the consent authority for its area, and

(b) such other persons as the Scottish Ministers consider appropriate.

(5) Where regulations under subsection (1) are subject to the affirmative procedure, the references in subsections (2) and (4) to making regulations under subsection (1) are to be read as references to laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament.

21 Meaning of “appropriate consent authority”

In this Part, the “appropriate consent authority”, in relation to an application made or a consent granted under this Part in relation to a heat network, means—

(a) where the heat network is (or is to be) situated in the area of a local authority that has been designated as the consent authority for the area under section 20(1), that local authority,

(b) otherwise, the Scottish Ministers.