Heat Networks (Scotland) Act 2021

48 Designation of heat network zone by local authority

(1) A local authority must, in considering whether to designate an area in its area as a heat network zone, have regard to the following matters—

(a) the potential for use by a heat network of—

(i) thermal energy generated from renewable sources,

(ii) waste heat or cold,

(b) buildings in the area that require considerable and consistent use of thermal energy,

(c) the nature and extent of existing infrastructure in the area that could assist in the development of a heat network in the area,

(d) the potential for a heat network in the area to contribute to meeting the fuel poverty targets,

(e) the potential for a heat network in the area to contribute to meeting the targets specified in section 92(1),

(f) any building assessment report received under section 65, and

(g) such other matter as the Scottish Ministers may specify by regulations.

(2) Before deciding whether to designate an area as a heat network zone, a local authority must consult such persons, and in such manner, as the Scottish Ministers may specify by regulations.

(3) Having had regard to the matters mentioned in subsection (1) and complied with the requirements under subsection (2), the local authority may—

(a) designate the area as a heat network zone, or

(b) decide not to designate the area as a heat network zone.

(4) If a local authority designates an area as a heat network zone it must—

(a) identify the area in a document by reference to a map,

(b) specify in the document the day on which the designation takes effect, and

(c) publish the document in such manner as the Scottish Ministers may specify by regulations.

(5) In subsection (1)(a)(ii), “waste heat or cold” means heat or cold generated as a result of a use of (or process affecting) land, which would disperse unused if released into air or water.