The Act Overview Road works Section 82 Power to carry out road works
202.Subsection (1) provides that a licence holder may, for a purpose connected with the supply of thermal energy by means of a heat network, carry out road works if the heat networks licence held by the licence holder provides that the licence holder may do so. Subsection (2) specifies the kinds of works that are referred in subsection (1). Subsection (3) clarifies that the power of a licence holder to place on, over or along a road a structure for housing any other heat network apparatus; or inspecting, maintain, adjusting, repairing, altering or renewing any such structure, may be exercised only with the consent of the road works authority.
203.The consent of the road works authority is not required under subsection (3) if it is withheld unreasonably (subsection (4)).
204.The power of a licence holder under subsection (1) to open or break up a road which is not a public road may be exercised only with the consent of the road works authority (subsection (5)). But consent is not required under subsection (5) if the opening or breaking up of the road constitutes emergency works, or consent is withheld unreasonably (subsection (6)).
205.Subsection (7) provides that it is for the Scottish Ministers to determine whether consent has been withheld unreasonably for the purposes of subsection (4) or (6)(b).
206.Subsection (8) defines “emergency works”, “public road”, “road”, “road works authority”, and “roads authority”.
207.Subsection (9) specifies that under section 82, a reference to heat network apparatus in a road includes a reference to heat network apparatus under, over, across, along or on the road.