Heat Networks (Scotland) Act 2021

89 Transfer schemes

(1) Where an operator (the “former operator”) ceases (or is to cease) operating a heat network, the Scottish Ministers may make a transfer scheme.

(2) A “transfer scheme” is a scheme making provision for—

(a) the transfer to one or more relevant persons of the former operator’s rights relating to the use of listed assets of the heat network,

(b) the conferral on one or more relevant persons of other rights relating to the use of listed assets of the heat network.

(3) A transfer scheme may make incidental, supplementary, consequential or transitional provision in connection with the transfer or conferral of rights by the transfer scheme as the Scottish Ministers consider appropriate.

(4) The Scottish Ministers may by regulations make further provision about transfer schemes.

(5) Regulations under subsection (4) may in particular make provision about—

(a) the rights that may be transferred or conferred by a transfer scheme,

(b) the procedure applying in connection with the making of a transfer scheme,

(c) the effect of transfers or conferrals of rights by a transfer scheme,

(d) requirements that may be imposed on the former operator or a transferee in connection with the transfer or conferral of rights by a transfer scheme, including obligations to enter into such agreements with another person, or to execute such documents in favour of another person, as may be specified or described in a transfer scheme,

(e) the circumstances in which a right transferred or conferred by a transfer scheme is or may be extinguished,

(f) the modification of a transfer scheme.

(6) In this section—

• “relevant person” means—

  (a)

  the Scottish Ministers,

  (b)

  the appropriate local authority,

  (c)

  a person (other than the former operator) to whom a heat network consent relating to the operation of the heat network is granted,

• “transferee” means a relevant person to whom rights are transferred, or on whom rights are conferred, by a transfer scheme.

(7) In subsection (6), in the definition of “relevant person”, the “appropriate local authority” means—

(a) the local authority for the area in which the listed assets are situated, or

(b) where the listed assets are situated in the area of more than one local authority—

(i) the authority in whose area the greater or greatest part of the listed assets is situated, or

(ii) if neither or none of those authorities falls within sub-paragraph (i), such of those authorities as is selected by the Scottish Ministers for the purposes of being a transferee.