Prospective
29Call-in of heat network consent applications etc. by the Scottish MinistersS
(1)The Scottish Ministers may give directions requiring an application of a type mentioned in subsection (2) to be referred to them instead of being dealt with by a local authority as the appropriate consent authority.
(2)The types of applications are—
(a)a heat network consent application,
(b)a heat network consent modification application,
(c)an application for a consent, agreement or approval required by a condition to which a heat network consent is subject.
(3)A direction under subsection (1)—
(a)must be set out in writing,
(b)may be withdrawn or modified by a subsequent direction,
(c)may be given to a particular local authority acting as the appropriate consent authority or to local authorities acting in that capacity generally,
(d)may relate either to a particular application or to applications of such description as may be specified in the direction.
(4)Any application in respect of which a direction has effect under subsection (1) must be referred to the Scottish Ministers.
(5)Where an application is referred to the Scottish Ministers under this section (a “called-in application”), sections 23, 24, 26 and 33(5) apply to the called-in application as they apply to an application that is to be determined by a local authority as the appropriate consent authority except that the references in those sections to “the appropriate consent authority” are to be read as references to “the Scottish Ministers”.
(6)The Scottish Ministers may by regulations make further provision about directions under subsection (1) and the determination of called-in applications pursuant to such a direction.
(7)Regulations under subsection (6) may in particular include provision about—
(a)the notification and publication of directions—
(i)given under subsection (1), or
(ii)withdrawn or modified under subsection (3)(b),
(b)the procedure for determining called-in applications.
(8)Regulations under subsection (6) may modify any enactment (including this Act).