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Statutory Instruments of the Scottish Parliament
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Scottish Statutory Instruments
2022 No. 376 (C. 20)
Heat Networks
The Heat Networks (Scotland) Act 2021 (Commencement) (No. 1) Regulations 2022
Made
14th December 2022
Laid before the Scottish Parliament
16th December 2022
Coming into force
16th January 2023
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 2021( 1).
Citation, commencement and interpretation
1.—(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 day
2.—(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 HARVIE
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
14th December 2022
Regulation 2
SCHEDULE PROVISIONS OF THE ACT COMING INTO FORCE ON 16 JANUARY 2023
|
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.