Heat Networks (Scotland) Act 2021

38 Power to require information about activities on land

(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.