Question reference: S6W-24588
- Asked by: Daniel Johnson, MSP for Edinburgh Southern, Scottish Labour
- Date lodged: 18 January 2024
-
Current status: Answered by Patrick Harvie on 1 February 2024
Question
To ask the Scottish Government what amendments to the Heat Networks (Scotland) Act 2021 it anticipates will be included in a proposed Heat in Buildings Bill.
Answer
The Scottish Government is considering using the proposals for a Heat In Buildings Bill (as set out in consultation document “Delivering Net Zero for Scotland’s Buildings: Changing the way we heat our homes and buildings”, published November 2023) to make two potential changes to the Heat Networks (Scotland) Act 2021. Both potential changes arise from the need to harmonise our heat networks legislation with the recently-passed UK Energy Act 2023. These potential amendments are:
- To align our 2021 Act’s definitions of ‘supplier’ and ‘operator’ with those of the UK Energy Act 2023. Given that Ofgem will be acting as both the UK authorisation authority and Scottish licensing authority, it will be beneficial to the regulator and industry alike to have aligned definitions. This will foster a more streamlined application and determination process.
- To modify Part 7 of the 2021 Act, in order to take into account the ‘step-in’ and ‘supplier of last resort’ provisions of the UK Energy Act 2023. It may be necessary to remove similar Scottish provisions in this area (‘register of key network assets’ and a ‘transfer scheme’) in order to avoid duplication and potential confusion for market participants.
During the consultation process, additional potential amendments may be identified.