The Act Overview Part 7 – Key heat network assets Section 87: Modifying schedule of key heat network assets
218.If the Scottish Ministers consider that a listed asset ceases to be a key asset they must remove the details of the listed asset from the schedule of key assets. If the Scottish Ministers consider that the property that is not a listed asset has become a key asset, they must include details of the property in the schedule of key assets (subsections (1) and (2)).
219.Before including details of property in the schedule of heat network assets, the Scottish Ministers must give notice of the proposal to each person with an interest in the property and such other persons as the Scottish Ministers consider appropriate (subsection (3)). The notice must give reasons why the property appears to the Scottish Ministers to be a key asset, explain the consequences of the property becoming a listed asset and specify the period being not less than 28 days from the date on which the notice was given, within which the person may make representations to the Scottish Ministers (subsection (4)). Subsection (5) requires that where the Scottish Ministers include details of a key asset in the schedule of key network assets, they must give notice to each person with an interest in the key asset.
220.When giving notice under subsections (3) or (5) the Scottish Ministers must do so in such form and manner as they may specify in regulations (subsection (6)).
221.For the purposes of modifying the schedule of key heat network assets it does not matter whether the Scottish Ministers form the view that a modification is needed following receipt of a heat network consent modification application, following notification by an operator of a heat network or on their own initiative (subsection (7)).