Section 89: Transfer schemes
223.Subsection (1) provides that where the former operator ceases (or is to cease) operating a heat network, the Scottish Ministers may make a transfer scheme. “Transfer scheme” is defined in subsection (2) as a transfer of the former operator’s rights relating to the use of the listed assets of the heat network, or conferral of other rights relating to the use of listed assets, to one or more relevant persons. 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 (subsection (3)).
224.By regulations, the Scottish Ministers may make further provision for, or in connection with, a transfer scheme (subsection (4)). Subsection (5) sets out what the regulations under subsection (4) may make provision for including the rights that may be transferred or conferred by the transfer scheme, the procedure applying in connection with the making of a transfer scheme and the effect of transfers or conferrals of rights.
225.Subsections (6) and (7) provides definitions of “relevant person” and “transferee” for this section.
