Heat Networks (Scotland) Act 2021

56 Requirement for heat network zone permit

(1) The permit authority may by notice prohibit the operation of a heat network in such heat network zone as may be designated in the notice unless a heat network zone permit for the heat network zone is held by—

(a) the person operating the heat network, or

(b) the person on whose behalf the heat network is operated.

(2) But a notice under subsection (1) designating a heat network zone may not require a person who is entitled to operate a heat network in the heat network zone immediately before the day on which the notice takes effect to hold a heat network zone permit for the heat network zone in order to—

(a) operate the heat network, or

(b) permit another person to operate the heat network on their behalf.

(3) For the purposes of subsection (2), a person is entitled to operate a heat network if at that time the person—

(a) holds a heat network consent in relation to the operation of the heat network, or

(b) is exempt from the requirement to hold a heat network consent in relation to the operation of the heat network by virtue of regulations under section 19(1).

(4) But the permit authority may not issue a notice under subsection (1)—

(a) in such circumstances as may be specified,

(b) if any specified procedure has not been complied with.

(5) The permit authority may revoke a notice issued under subsection (1).

(6) But the permit authority may not revoke a notice issued under subsection (1)—

(a) in such circumstances as may be specified,

(b) if any specified procedure has not been complied with.

(7) The permit authority must—

(a) publish a notice issued under subsection (1), and

(b) give notice of the revocation of a notice issued under subsection (1),

in such form and manner as may be specified.

(8) In this section, “specified” means specified in regulations made by the Scottish Ministers.

(9) In this Part, a “heat network zone permit” is a permit issued by the permit authority.