Moved by
Lord Callanan
89: Clause 173, page 143, line 35, leave out “negative” and insert “affirmative”
Member's explanatory statement
This amendment provides that regulations under Clause 173(1) (which confers power to designate the Gas and Electricity Markets Authority as the licensing authority for the purposes of the Heat Networks (Scotland) Act 2021) are subject to the affirmative procedure.
90: Clause 174, page 144, line 19, at end insert—
“(4) Regulations under this section are subject to the affirmative procedure.”
Member's explanatory statement
This amendment provides that regulations under Clause 174 (which confers power to make provision about the enforcement of conditions of heat network licences issued in Scotland) are subject to the affirmative procedure.
91: Clause 180, page 147, line 39, leave out subsections (3) and (4)
Member's explanatory statement
This amendment omits provision that would have enabled heat network zones regulations to require a person to comply with the provisions of a non-legislative document.
92: Clause 185, page 153, line 10, leave out paragraph (c)
Member's explanatory statement
This amendment is consequential on the amendment in the name of Lord Callanan at page 153, line 14.
93: Clause 185, page 153, line 14, at end insert —
“(1A) Zones regulations made by virtue of section 181(2)(c) or 184(2)(c) must include provision for a right of appeal against the imposition of a penalty.”
Member's explanatory statement
This amendment requires zones regulations made by virtue of Clause 181 (requests for information) or Clause 184 (enforcement of heat network zone requirements) that make provision for the imposition of a penalty, to include provision for a right of appeal.