2022 No. 376 (C. 20)

Heat Networks

The Heat Networks (Scotland) Act 2021 (Commencement) (No. 1) Regulations 2022

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 102(2) and (3) of the Heat Networks (Scotland) Act 20211.

Citation, commencement and interpretation1

1

These Regulations may be cited as the Heat Networks (Scotland) Act 2021 (Commencement) (No. 1) Regulations 2022 and come into force on 16 January 2023.

2

In these Regulations “the Act” means the Heat Networks (Scotland) Act 2021.

Appointed day2

1

Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the schedule (the subject matter of which is described in column 2 of that table) is 16 January 2023.

2

Where a purpose is specified in column 3 of that table in relation to any provision specified in column 1, that provision comes into force on 16 January 2023 only for that purpose.

PATRICK HARVIEAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

SCHEDULEPROVISIONS OF THE ACT COMING INTO FORCE ON 16 JANUARY 2023

Regulation 2

Column 1

Provisions of the Act

Column 2

Subject Matter

Column 3

Purpose

section 19

Exemptions from requirement for heat network consent

section 27

Revocation of heat network consent

For the purpose of making regulations under sections 27(1) and (7)

section 32

Compensation on modification or revocation of heat network consent

section 34

Effective community engagement: guidance

For the purposes of issuing guidance under section 34(1)

section 35

Regulations about decisions under Part 2

section 37

Meaning of “enforcement authority”

For the purpose of making regulations under section 37(b)

section 41

Appeals against enforcement notice

section 47

Duty on local authority to review heat network zoning in area

For the purpose of making regulations under section 47(7)

section 48

Designation of heat network zone by local authority

For the purpose of making regulations under sections 48(1)(g), (2) and (4)(c)

section 50

Variation of heat network zone by local authority

For the purpose of making regulations under sections 50(3) and (5)(c)

section 54

Guidance

For the purpose of issuing guidance under section 54(1)

section 63

Building assessment reports

For the purpose of making regulations under section 63(3) and (4)(a)(ii)

section 64

Exemptions from duty to prepare building assessment reports

section 66

Guidance about building assessment reports

For the purpose of issuing guidance under section 66(1)

section 67

Interpretation of Part 5

For the purpose of making regulations under section 67

section 84

Identifying key heat network assets

For the purpose of making regulations under section 84(5)(d)

section 85

Preparing schedule of key heat network assets

For the purpose of making regulations under section 85(6)

section 87

Modifying schedule of key heat network assets

For the purpose of making regulations under section 87(6)

section 88

Preparation and maintenance of schedule of key network assets: further provision

section 89

Transfer schemes

For the purpose of making regulations under section 89(4)

section 90

Compensation in connection with transfer schemes

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring sections 19, 32, 35, 41, 64, 88 and 90 of the Heat Networks (Scotland) Act 2021 (“the Act”) into force on 16 January 2023. Sections 27, 37, 47, 48, 50, 63, 67, 84, 85, 87 and 89 of the Act are commenced for the limited purpose of enabling regulations to be made. Section 34, 54 and 66 are commenced for the limited purpose of enabling guidance to be issued and published.

The Bill for the Act received Royal Assent on 30 March 2021. Sections 97 to 103 came into force on the following day.