Heat Networks (Scotland) Act 2021

PART 9 Miscellaneous and general

Fees

94 Fees for applications etc.

(1) The Scottish Ministers may by regulations make provision for the payment of a charge or fee, in respect of the matters mentioned in subsection (2), to the following persons—

(a) the licensing authority,

(b) the Scottish Ministers,

(c) a local authority,

(d) a person designated by the Scottish Ministers under section 37(b),

(e) the permit authority.

(2) The matters are—

(a) in relation to the licensing authority—

(i) the performance by the licensing authority of any of the licensing authority’s functions under this Act,

(ii) anything done by the licensing authority that is calculated to facilitate, or is conducive or incidental to, the performance of any such function,

(b) in relation to the Scottish Ministers—

(i) the performance by the Scottish Ministers of any of the their functions under Part 2,

(ii) anything done by them that is calculated to facilitate, or is conducive or incidental to, the performance of any such function,

(c) in relation to a local authority—

(i) the performance by a local authority of any if its functions under Part 2 as the appropriate consent authority,

(ii) anything done by the local authority that is calculated to facilitate, or is conducive or incidental to, the performance of any such function,

(d) in relation to a person designated by the Scottish Ministers under section 37(b)—

(i) the performance by that person of any of the person’s functions as the enforcement authority for the purposes of Part 2,

(ii) anything done by that person that is calculated to facilitate, or is conducive or incidental to, the performance of any such function,

(e) in relation to the permit authority—

(i) the performance by the permit authority of any of the permit authority’s functions under Part 4,

(ii) anything done by the permit authority that is calculated to facilitate, or is conducive or incidental to, the performance of any such function.

(3) Regulations under subsection (1) may in particular—

(a) specify the person by whom the charge or fee is to be paid,

(b) specify charges or fees or provide for charges or fees to be determined by reference to such factors as may be specified in or determined under the regulations,

(c) provide for the remission or repayment of fees in such circumstances as may be specified in or determined under the regulations.

(4) Where regulations under subsection (1) provide for a fee to be charged in respect of any application under this Act made to a person mentioned in paragraph (a), (b), (c) or (e) of that subsection, the person need not consider the application unless and until the fee is paid.

Local authority costs

95 Strategy: local authority costs

(1) The Scottish Ministers must prepare a strategy setting out the costs to local authorities in relation to their duties under this Act.

(2) The strategy prepared under subsection (1)—

(a) must set out the costs associated with the duties of local authorities under this Act,

(b) must set out the approach the Scottish Ministers intend to take to fund local authorities to fulfil their duties under this Act,

(c) must set out the approach the Scottish Ministers intend to take to ensure local authorities have the capacity to fulfil their duties under this Act,

(d) may include such other information as the Scottish Ministers consider appropriate.

General

96 Individual culpability where organisation commits offence

(1) This section applies where—

(a) an offence under this Act is committed by a relevant organisation, and

(b) the commission of the offence—

(i) involves consent or connivance on the part of a responsible individual, or

(ii) is attributable to neglect on the part of a responsible individual.

(2) The responsible individual (as well as the relevant organisation) commits the offence.

(3) For the purposes of this section—

(a) “relevant organisation” means an organisation listed in the first column of the table in subsection (4),

(b) “responsible individual” means, in relation to a relevant organisation—

(i) an individual falling within the corresponding entry in the second column of the table in subsection (4), or

(ii) an individual purporting to act in the capacity of an individual falling within the corresponding entry.

(4) The table is as follows—

Organisation	Individual
company as mentioned in section 1 of the Companies Act 2006	director, manager, secretary or other similar officer
	member, where the company’s affairs are managed by its members
limited liability partnership	member
other partnership	partner
any other body or association	individual who is concerned in the management or control of its affairs

97 Crown application: general

(1) Nothing in this Act makes the Crown criminally liable.

(2) But the Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable were it not for subsection (1).

(3) Subsection (1) does not affect the criminal liability of persons in the service of the Crown.

(4) Section 98 makes provision about access to Crown land.

98 Crown application: powers of entry

(1) A power of entry conferred by section 43(2), 78(5) or 79(7) is exercisable in relation to Crown land specified in column 1 of the following table only with the consent of the person specified in the corresponding entry in column 2 of the table (the “appropriate authority”).

Crown land	Appropriate authority
Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Crown Estate (that is, the property, rights and interests under the management of the Crown Estate Commissioners)	The Crown Estate Commissioners
Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Scottish Crown Estate	The person managing the land
Land an interest in which belongs to Her Majesty in right of the Crown other than land forming part of the Crown Estate or the Scottish Crown Estate	The office-holder in the Scottish Administration or the Government department managing the land
Land an interest in which belongs to Her Majesty in right of Her private estates	The person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers
Land an interest in which belongs to an office-holder in the Scottish Administration	The office-holder in the Scottish Administration
Land an interest in which belongs to a Government department	The Government department
Land an interest in which is held in trust for Her Majesty by an office-holder in the Scottish Administration for the purposes of the Scottish Administration	The office-holder in the Scottish Administration
Land an interest in which is held in trust for Her Majesty for the purposes of a Government department	The Government department

(2) In subsection (1)—

(a) the reference to Her Majesty’s private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862,

(b) “Government department” means a department of the Government of the United Kingdom,

(c) “Scottish Crown Estate” means the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies.

(3) It is for the Scottish Ministers to determine any question that arises as to who in accordance with subsection (1) is the appropriate authority in relation to any land, and their decision is final.

99 Regulations

(1) Any power of the Scottish Ministers to make regulations under this Act includes power to make—

(a) incidental, supplementary, consequential, transitional, transitory or saving provision,

(b) different provision for different purposes.

(2) Regulations under any of the following sections are subject to the affirmative procedure: 1(7), 4(b), 32(1), 37(b), 55(b), 57(1), 61(1), 73(4), 77(5), 81(4), 89(4), 90(1) and 92(2) or (5).

(3) Regulations under the following sections which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure: 12(1), 20(1), 28(3), 29(6), 31(4), 36(1), 41(1), 60(1), 75(1) and 100(1).

(4) All other regulations under this Act are subject to the negative procedure.

(5) Subsection (1)(a) does not apply to regulations under section 100(1).

(6) This section does not apply to regulations under section 102(2).

100 Ancillary provision

(1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it.

(2) Regulations under subsection (1) may modify any enactment (including this Act).

(3) Regulations under subsection (1)—

(a) which add to, replace or omit the text of an Act are subject to the affirmative procedure,

(b) otherwise, are subject to the negative procedure.

101 General interpretation

(1) In this Act—

• “appropriate consent authority” is to be construed in accordance with section 21,

• “enforcement authority” has the meaning given in section 37,

• “the fuel poverty targets” means the targets set out in sections 1 and 2 of the Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019,

• “heat network” has the meaning given in section 1(1),

• “heat network consent” has the meaning given in section 18(3),

• “heat network consent application” has the meaning given in section 22(2),

• “heat network consent modification application” has the meaning given in section 26(3),

• “heat networks licence” has the meaning given in section 2(5),

• “heat network zone” has the meaning given in section 46(3),

• “licensing authority” has the meaning given in section 4,

• “permit authority” has the meaning given in section 55,

• “the Scottish Fuel Poverty Advisory Panel” means the panel established under section 14(1) of the Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019,

• “thermal energy” has the meaning given in section 1(5).

(2) References in this Act to the construction of a heat network are to be construed in accordance with section 18(2).

(3) In this Act, references to a person holding a heat network consent are references to the person for the time being entitled to the benefit of the heat network consent whether as a result of—

(a) the grant of the consent to the person—

(i) under section 23(1)(a), or

(ii) pursuant to an appeal under section 31(2), or

(b) a transfer of the consent to the person under section 25(1).

102 Commencement

(1) This section and sections 97 to 101 and 103 come into force on the day after Royal Assent.

(2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

(3) Regulations under subsection (2) may—

(a) include transitional, transitory or saving provision,

(b) make different provision for different purposes.

103 Short title

The short title of this Act is the Heat Networks (Scotland) Act 2021.