Heat Networks (Scotland) Act 2021

84 Identifying key heat network assets

(1) This section applies to—

(a) a heat network consent application relating to—

(i) the construction and operation of a heat network, or

(ii) the operation of a heat network,

(b) a heat network consent modification application in respect of a heat network consent relating to—

(i) the construction and operation of a heat network, or

(ii) the operation of a heat network.

(2) The heat network consent application or (as the case may be) the heat network consent modification application must include—

(a) required information about each key asset of the heat network to which the application relates, and

(b) required information about each person with an interest in such an asset.

(3) In subsection (2), “required” means required by a determination under section 33(1).

(4) In this Part, “key asset”, in relation to a heat network, means property of a type mentioned in subsection (5) which—

(a) forms part of the heat network, and

(b) is necessary to the operation of the heat network.

(5) The types of property are—

(a) land,

(b) buildings,

(c) apparatus,

(d) such other type of property as may be specified by the Scottish Ministers by regulations.

(6) For the purposes of subsection (4)(b), it is for the Scottish Ministers to determine any question which arises as to whether property forming part of a heat network is necessary to the operation of the heat network.

(7) Regulations under subsection (5)(d) may make different provision for different areas.