Delegated Powers and Law Reform Committee
At its meeting on 16 February 2021, the Delegated Powers and Law Reform Committee considered the delegated powers in the Heat Networks (Scotland) Bill (“the Bill”) as amended at Stage 2.i
The Committee submits this report to the Parliament under Rule 9.7.9 of Standing Orders.
The Committee published its Stage 1 Report on the Bill on 25 September 2020; it reported it was content with the delegated powers provisions contained in the Bill.
The Bill completed Stage 2 on 26 January 2021.
This Scottish Government Bill was introduced by the Cabinet Secretary for Transport, Infrastructure and Connectivity, Michael Matheson MSP, on 2 March 2020. The lead committee is the Economy, Energy and Fair Work Committee.
The Policy Memorandum prepared by the Scottish Government states that the purpose of the Bill is to “encourage greater deployment of heat networks in Scotland, in order to help reduce emissions from heating homes and buildings”.
A heat network is a distribution system of insulated pipes that take heat from a central source and deliver it to a number of buildings.
The Policy Memorandum notes that:
Heat networks are often more efficient than individual fossil fuel heating systems and can also be run fully from renewables or recovered waste or surplus heat sources. They can allow the heat source to be changed to one compatible with Scotland’s climate change targets without further disruption to the heat users. Heat networks therefore have the capacity to reduce – or remove –the emissions associated with heating buildings and the Committee on Climate Change has recommended that heat networks should form a part of Scotland’s future heat supply.
The Scottish Government has produced a Supplementary Delegated Powers Memorandumi on the new and amended powers in the Bill after Stage 2.
The Committee considered each of the new and amended delegated powers provisions in the Bill. It determined that it did not need to draw the attention of the Parliament to the delegated powers provisions provided in the following sections:
Section 1(7) – Meaning of “heat network”
Section 11(8) – Revocation of heat networks licence
Section 11A(1) – Appeals against revocation of heat networks licence
Section 18A(1) – Designation of local authority as consent authority for the area of the local authority
Section 24(7) – Revocation of heat network consent
Section 24A(3) – Appeals against notice of revocation given by local authority
Section 24B(1) – Call-in of heat network consent applications etc. by the Scottish Ministers
Section 24B(6) – Call-in of heat network consent applications etc. by the Scottish Ministers
Section 24C(1) – Directions as to method of dealing with heat network consent applications etc. by local authorities
Section 24D(4) – Appeals regarding applications for heat network consent etc. to local authorities
Section 26A – Effective community engagement: guidance
Section 27(1) – Regulations about determining applications under Part 2
Section 27A(1) – Applications and decisions under Part 2 where there is more than one appropriate consent authority
Section 35A(3) – Combining applications to local authorities for heat network consent and planning permission
Section 50(1)(c) – Heat network zone permit: revocation
Section 50(4) – Heat network zone permit: revocation
Section 50A(1) – Appeals against revocation of heat network zone permit
Section 50B(1) – Compensation on revocation of heat network zone permit
Section 59(3)(a)(ii) – Acquisition of necessary wayleave
Section 61A(2)(a)(ii) – Variation of network wayleave right
Section 61B(4) – Compensation on variation of a network wayleave right
Section 61D(1) – Registration of network wayleave rights
Section 76B(1) – Heat Network Supply Targets
Section 76B(2) – Heat Network Supply Targets
Section 77(1) – Fees for applications etc.
The Committee therefore reports that it is content with the new and amended delegated powers provisions contained in the Bill and with the choice of procedure applicable in each case.