Heat Networks (Scotland) Bill: Stage 3

Part of the debate – in the Scottish Parliament at on 23 February 2021.

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Photo of Paul Wheelhouse Paul Wheelhouse Scottish National Party

The amendments in my name in this group are largely technical in nature, but they provide important clarity on enforcement action in relation to heat network consents.

Amendment 11 modifies section 30 so that it is clear that the enforcement authority is able to issue an enforcement notice to both persons who are constructing or operating a heat network on their own behalf, without consent, and those who are doing so on behalf of another without that other person holding a heat network consent.

Separately, the current provision in section 30(1)(b), which allows enforcement action to be taken against a consent holder, where there is a failure to comply with a condition or limitation of the consent, becomes, with minor modifications, new subsection (1A).

Amendment 12 is a technical amendment that is consequential on amendment 11. It simplifies section 30(4)(a) by providing that an enforcement notice must set out the reasons why the enforcement authority has issued it.

Amendments 13 and 14 are minor amendments that reflect the changes to section 7 that were made at stage 2. They simplify sections 30(5)(a) and (b) to refer to compliance with or failure to comply with section 17(1). As amended at stage 2, section 17(1) now includes both an obligation to hold a heat network licence and an obligation to comply with conditions on or limitations to a consent.

Amendment 15 removes section 30(8), which is no longer applicable given the changes to be made by amendment 11.

Amendment 16 provides a definition of “enforcement notice” in section 30 for the purposes of part 2 of the bill. As a result, it is no longer necessary to provide such a definition in section 36. Amendment 19 therefore removes that section.

Amendment 18 alters section 33(3) to provide persons with a further defence against the offence of non-compliance with an enforcement notice—namely that of reasonable excuse for failing to ensure the taking of steps or the cessation of activities specified in the notice.

Amendment 17 is a technical change to signify new paragraphing of the existing text of section 33(3) in consequence of amendment 18.

I move amendment 11 and urge members to support the other amendments in the group.

Amendment 11 agreed to.

Amendments 12 to 16 moved—[Paul Wheelhouse]—and agreed to.