Heat Networks (Scotland) Act 2021

5 Heat networks licence applications

(1) A person may apply to the licensing authority for a heat networks licence.

(2) An application under subsection (1) is referred to in this Part as a “heat networks licence application”.

(3) The licensing authority may grant a heat networks licence application only if it is satisfied that the applicant has the ability to perform the activities that would be authorised by the licence.

(4) In assessing an applicant’s ability to perform those activities, the licensing authority must have regard to the following matters (in so far as relevant to the performance of those activities)—

(a) the applicant’s knowledge, expertise and experience,

(b) the applicant’s ability to operate a heat network in a manner that—

(i) minimises greenhouse gas emissions (within the meaning of the Climate Change (Scotland) Act 2009) from the heat network,

(ii) takes account of the just transition principles (within the meaning of section 35C of that Act), and

(iii) contributes to meeting the fuel poverty targets, and

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

(5) As soon as practicable after granting a heat networks licence application, the licensing authority must issue the licence to the applicant.

(6) Where the licensing authority proposes to refuse a heat networks licence application, it must give the applicant notice—

(a) stating that it proposes to refuse the application,

(b) stating the reasons why it proposes to refuse the application, and

(c) specifying the period (which is to be not less than 28 days from the date on which the notice is given) within which the applicant may make representations about the proposed refusal to the licensing authority.

(7) As soon as practicable after refusing a heat networks licence application, the licensing authority must notify the applicant of the refusal.