The Act Overview Applications to local authorities: Ministerial powers of call-in, direction and appeal Section 29: Call-in of heat network consent applications etc. by the Scottish Ministers
63.Section 29 provides that the Scottish Ministers may give directions requiring a heat network consent application, heat network consent modification application, or an application or consent etc. required by a heat network consent condition, be considered by them rather than a local authority as the appropriate consent authority. That is to say, the Scottish Ministers may require the “call-in” of such applications.
64.Subsection (3) specifies that a direction must be made in writing; may be withdrawn or modified by a subsequent direction; may be made to an individual local authority acting as appropriate consent authority, or to those acting as consent authorities generally; and can relate to specific applications or to applications of a particular type as set out in the direction.
65.Where an application is called-in, 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 the local authority as the appropriate consent authority (subsection (5)) except that references in those sections to “the appropriate consent authority” are to be read as references to “the Scottish Ministers”.
66.Subsection (6) enables the Scottish Ministers, by regulations, to make further provision about directions and the determination of called-in applications. Subsection (7) specifies that any such regulations may include provision about the notification and publication of notices to local authorities and the procedure for determining called-in applications.
67.Subsection (8) enables regulations under section 29 to modify any enactment.