The Renewable Heat Incentive Scheme Regulations (Northern Ireland) 2012

• (2) Within 21 days of a decision to withhold periodic support payments, the Department must send a notice to the participant specifying—

• (a) the respect in which the Department suspects the participant has failed or is failing so to comply;

• (b) the reason why periodic support payments are being withheld;

• (c) the date from which periodic support payments will be withheld;

• (d) the next steps in the investigation; and

• (e) details of the participant’s right of review including any relevant time-limits.

• (3) The Department’s investigation must be commenced and completed as soon as is reasonably practicable.

• (4) The Department may withhold a participant’s periodic support payments for a maximum period of 6 months commencing with the date specified in accordance with the notice required by paragraph (2)(c).

• (5) The Department must review its decision to withhold a participant’s periodic support payments every 30 days commencing 30 days after the date of the notice required by paragraph (2).

• (6) Following a review pursuant to paragraph (5), the Department must send a notice to the participant providing an update on—

• (a) the progress of any investigation to date; and

• (b) whether the Department intends to continue to withhold periodic support payments.

• (7) For the purposes of calculating the time-limit specified in paragraph (4), no account is to be taken of any period attributable to the participant’s delay in providing any information reasonably requested by the Department.

• (8) For the purposes of paragraph (7), a participant is not to be deemed to have delayed in providing information if that participant responds within 2 weeks of a request from the Department.

• (9) On expiry of the period referred to in paragraph (4) or, if earlier, the conclusion of the investigation, the Department must—

• (a) send the participant a notice specifying the outcome of the investigation or, where the investigation is not concluded, inform the participant accordingly; and

• (b) pay within 28 days of the date of that notice all periodic support payments temporarily withheld under this regulation, subject to any permanent withholding or reduction of any such payments under regulation 45.

• (10) If, on conclusion of the investigation, the Department is satisfied that a participant is failing or has failed to comply with an ongoing obligation it may impose one of more of the other sanctions set out in this Part.

Power to suspend periodic support payments where ongoing failure to comply

44

• (1) Where the Department is satisfied that a participant is failing to comply with an ongoing obligation it may suspend that participant’s periodic support payments.

• (2) Within 21 days of a decision to suspend periodic support payments the Department must send a notice to the participant specifying—

• (a) the respect in which the Department is satisfied that the participant is failing so to comply;

• (b) the reason why periodic support payments are being suspended;

• (c) the date from which the suspension is effective;

• (d) the steps that the participant must take to satisfy the Department that is to comply with the ongoing obligation;

• (e) the consequences of the participant failing to take the steps required pursuant to sub-paragraph (d) including potential sanctions; and

• (f) details of the participant’s right of review including any relevant time-limits.

• (3) Within 21 days of being satisfied that the participant is complying with the ongoing obligation the Department must remove the suspension.

• (4) If, within 6months the Department is satisfied that the participant has taken the steps specified by notice under paragraph(2), the Department may pay within 28days of being so satisfied all periodic support payments with-held under this regulation.

• (5) The maximum period for which the Department may suspend a participant’s periodic support payments is 1year.

• (6) Subject to paragraph(4), a participant may not recover any periodic support payments suspended in accordance with this regulation.

Power to permanently withhold or reduce a participant’s periodic support payments

45

• (1) Where the Department is satisfied that there has been a material or repeated failure by a participant to comply with an ongoing obligation during any quarterly period and the periodic support payment for that quarterly period has not been paid, the Department may take one or more of the following actions—

• (a) permanently withhold a proportion of the participant’s periodic support payment which corresponds to the proportion of that quarterly period during which the participant failed so to comply;

• (b) reduce a participant’s periodic support payment for that quarterly period or for the quarterly period immediately following.

• (2) Within 21days of a decision to permanently withhold or to reduce a periodic support payments, the Department must send a notice to the participant specifying, as applicable—

• (a) the respect in which the participant has failed so to comply;

• (b) the reason why a periodic support payment is being withheld or reduced;

• (c) the period in respect of which any periodic support payment is to be withheld or reduced;

• (d) the level of any reduction; and

• (e) details of the participant’s right of review including any relevant time-limits.

• (3) Where reducing a periodic support payment in accordance with paragraph (1)(b), the Department may determine the level of the reduction (taking into consideration all factors which it considers relevant) up to a maximum reduction of 10 per cent of the periodic support payment in question.

Revocation of accreditation or registration

46

• (1) Where the Department is satisfied that there has been a material or repeated failure by a participant to comply with an ongoing obligation it may take one or more of the following actions—

• (a) revoke accreditation for the accredited RHI installation in respect of which there has been a material or repeated failure;

• (b) revoke accreditation for any other accredited RHI installations owned by that participant;

• (c) in relation to a participant who is a producer of biomethane for injection, revoke that participant’s registration.

• (2) Within 21 days of a decision to revoke accreditation or registration the Department must send a notice to the participant specifying—

• (a) the reason for the revocation of accreditation or registration including, where applicable, details of the respect in which the participant has failed so to comply;

• (b) an explanation of the effect of the revocation; and

• (c) details of the participant’s right of review including any relevant time limits.

• (3) Where accreditation of an accredited RHI installation has been revoked, or a participant’s registration has been revoked, the Department may refuse to accredit any eligible installations owned by the same person or refuse to register that person as a producer of biomethane for injection at any future date.

Overpayment notices and offsetting

47

• (1) Where the Department is satisfied that a participant has received a periodic support payment which exceeds that participant’s entitlement or has received a periodic support payment whilst failing to comply with an ongoing obligation it may—

• (a) require the participant to repay the periodic support payment as a civil debt owed to the Department; or

• (b) offset the periodic support payment against any future periodic support payments.

• (2) Within 21days of a decision to offset or require the participant to repay any periodic support payment the Department must send the participant a notice specifying—

• (a) the periodic support payment which the Department believes has been overpaid and the sum which it is seeking to recover from the participant;

• (b) whether the sum specified in sub-paragraph (a) will be recovered in accordance with paragraph (1)(a) or (1)(b);

• (c) where applicable, a date by which the sum specified in sub-paragraph (a) must be repaid;

• (d) the consequences of failing to make any repayments requested including potential sanctions or civil action; and

• (e) details of the participant’s right of review including any relevant time limits.

PART 8 — REVOCATION OF SANCTIONS

Revocation of Part 7 sanctions

48

• (1) The Department may at any time revoke a sanction imposed in accordance with Part7 if it is satisfied that—

• (a) there was an error involved in the original imposition of the sanction; or

• (b) it is just and equitable in the particular circumstances of the case to do so.

• (2) Within 21days of a decision to revoke a sanction, the Department must send a notice to the participant specifying—

• (a) the sanction which has been revoked;

• (b) the reason for the revocation;

• (c) what action if any the Department proposes to take in relation to any loss incurred by the participant as a result of the imposition of the sanction including the time within which any action will be taken; and

• (d) details of someone within the Department whom the participant may contact if they are not satisfied with the proposals made by the Department under sub-paragraph (c).

PART 9 — INSPECTION

Power to inspect accredited RHI installations

49

• (1) The Department or its authorised agent may request entry at any reasonable hour to inspect an accredited RHI installation and its associated infrastructure to undertake any one or more of the following—

• (a) verify that the participant is complying with all applicable ongoing obligations;

• (b) verify meter readings;

• (c) take samples and remove them from the premises for analysis;

• (d) take photographs, measurements or video or audio recordings;

• (e) ensure that there is no other contravention of these Regulations.

• (2) Within 21 days of a request made under paragraph (1) being (in its opinion) unreasonably refused the Department must send a notice to the participant specifying—

• (a) the reason why the Department considers the refusal to be unreasonable;

• (b) the consequences of the refusal, including potential sanctions for failing to comply with the ongoing obligation imposed by regulation 33(i); and

• (c) details of the participant’s right of review including any relevant time-limits.

PART 10 — REVIEWS

Right of review

50

• (1) Any prospective, current or former participant affected by a decision made by the Department in exercise of its functions under these Regulations (other than a decision made in accordance with this regulation) may have that decision reviewed by the Department.

• (2) An application for review must be made by notice in such format as the Department may require and must—

• (a) be received by the Department within 28days of the date of receipt of notification of the decision being reviewed;

• (b) specify the decision which that person wishes to be reviewed;

• (c) specify the grounds upon which the application is made; and

• (d) be signed by or on behalf of the person making the application.

• (3) A person who has made an application in accordance with paragraph (2) must provide the Department with such information and such declarations as the Department may reasonably request in order to discharge its functions under this regulation, provided any information requested is in that person’s possession.

• (4) On review the Department may—

• (a) revoke or vary its decision;

• (b) confirm its decision;

• (c) vary any sanction or condition it has imposed; or

• (d) replace any sanction or condition it has imposed with one or more alternative sanctions or conditions.

• (5) Within 21days of the Department’s decision on a review, it must send the applicant and any other person who is in the Department’s opinion affected by its decision a notice setting out its decision with reasons.

PART 11 — ADMINISTRATIVE FUNCTIONS OF THE DEPARTMENT AND NOTICES

Publication of guidance and publication of specified information on the Department’s website

51

• (1) The Department must publish procedural guidance to participants and prospective participants in connection with the administration of the scheme.

• (2) The Department must publish the following information on its website—

• (a) information in aggregate form as to—

• (i) the number of accredited RHI installations;

• (ii) the technology and installation capacity of those accredited RHI installations;

• (iii) the amount of heat those accredited RHI installations have generated;

• (iv) the total amount of periodic support payments made under each tariff; and

• (b) information in aggregate form as to—

• (i) the number of participants who are producers of biomethane;

• (ii) the volume of biomethane produced for injection by those participants; and

• (iii) the total amount of periodic support payments made in respect of that biomethane.

Notices

52

A notice under these Regulations—

• (a) must be in writing; and

• (b) may be transmitted by electronic means.

SCHEDULE 1

Information required for accreditation and registration

1

• (1) This Schedule specifies the information that may be required of

• (a) a prospective participant in the scheme; or

• (b) a participant who moves an accredited RHI installation to a new location during its tariff lifetime.

• (2) The information is, as applicable to the prospective participant—

• (a) name, home address, e-mail address and telephone number;

• (b) any company registration number and registered office;

• (c) any trading or other name by which the prospective participant is commonly known;

• (d) details of a bank account in the prospective participant’s name which accepts pound sterling deposits in the United Kingdom;

• (e) information to enable the Department to satisfy itself as to the identity of the individual completing the application;

• (f) where an individual is making an application on behalf of a company, evidence which satisfies the Department, that the individual has authority from the company to make the application on its behalf;

• (g) details of the eligible installation owned by the prospective participant including its cost;

• (h) evidence, which satisfies the Department, as to the ownership of the eligible installation;

• (i) evidence that the eligible installation was new at the time of installation;

• (j) where an eligible installation has replaced a plant, details of the plant replaced;

• (k) evidence which demonstrates to the Department’s satisfaction the installation capacity of the eligible installation;

• (l) details of the fuel which the prospective participant is proposing to use;

• (m) in relation to prospective participants generating heat from biomass, notification as to whether the prospective participant is proposing to use solid biomass contained in municipal waste and, if so, whether or not the prospective participant is regulated under the Pollution Prevention and Control Regulations (Northern Ireland) 2003[^f00012]

• (n) where the plant is a heat pump, evidence which demonstrates to the Department’s satisfaction, that the heat pump meets a coefficient of performance of at least 2.9;

• (o) in respect of a producer of biogas or biomethane, details of the feedstock which the producer is proposing to use;

• (p) details of what the heat generated will be used for and an estimate of how much heat will be used together with an estimate of the number of hours of operation per week in which heat will be generated for an eligible purpose;

• (q) details of the building in which the heat will be used;

• (r) the industry sector for which the heat will be used;

• (s) details of the size and annual turnover of the prospective participant’s organisation;

• (t) details of other plants generating heat which form part of the same heating system as the eligible installation to which the application relates;

• (u) where regulation 13 applies, evidence from the installer that the requirements specified in that regulation are met;

• (v) such information as the Department may specify to enable it to satisfy itself that the requirements of Chapter 3 of Part 2 have been met including—

• (i) evidence that a class 2 heat meter, other heat meter or steam measuring equipment has been installed;

• (ii) evidence that the class 2 heat meter, other heat meter or steam measuring equipment was calibrated prior to use;

• (iii) in relation to all heat meters, details of the meter’s manufacturer, model, meter serial number;

• (iv) a schematic diagram showing details of the heating system of which the eligible installation forms part, including all plants generating and supplying heat to that heating system, all purposes for which heat supplied by that heating system is used, the location of meters and associated components and such other details as may be specified by the Department;

• (v) where regulation 17 applies; if so requested by the Department, an independent report by a competent person verifying that such of those requirements as the Department may specify have been met;

• (w) such other information as the Department may require to enable it to consider the prospective participant’s application for accreditation or registration.

• (3) Information specified in this Schedule must be provided in such manner and form as the Department may reasonably request.

• (4) The costs of providing the information specified in this Schedule are to be borne by the applicant.

SCHEDULE 2 — Provision of information in relation to the use of biomass in certain circumstances

Information to be provided to the Department where biomass is used for combustion or production of biomethane

1

This Schedule specified the information that a participant is required to provide under regulation 32(9).

2

The information is information identifying to the best of the participant’s knowledge and belief, in such manner and form as the Department may require—

• (a) the material from which the solid biomass was composed;

• (b) the form of the solid biomass;

• (c) its mass;

• (d) whether the solid biomass was a by-product of a process;

• (e) whether the solid biomass was derived from waste;

• (f) where the solid biomass was plant matter or derived from plant matter, the country where the plant matter was grown;

• (g) where the information specified in paragraph (f) is not known or the solid biomass was not plant matter or derived from plant matter, the country from which the operator obtained the solid biomass;

• (h) whether any of the solid biomass used was an energy crop or derived from an energy crop and if so—

• (i) the proportion of the consignment which was or was derived from the energy crop; and

• (ii) the type of energy crop in question;

• (i) whether the solid biomass or any matter from which it was derived was certified under an environmental quality assurance scheme and, if so, the name of the scheme;

• (j) where the solid biomass was plant matter or derived from plant matter, the use to which the land on which the plant matter was grown has been put since 30thNovember2005.

3

The information specified in paragraph 2 must be collated by reference to the following places or origin—

• (a) United States of America or Canada;

• (b) the European Union;

• (c) other.

4

The information specified in paragraph 2 must be provided for every quarterly period.

5

For the purpose of this Schedule—

• “energy crop” means a plant crop planted after 31stDecember1989 which is grown primarily for the purpose of being used as fuel or which is one of the following—miscanthus giganteus (a perennial grass);salix (also known as short rotation coppice willow);populous (also known as short rotation coppice poplar); and

• “environmental quality assurance scheme” means a voluntary scheme which establishes environmental or social standards in relation to the production of biomass or matter form which a biomass is derived.

SCHEDULE 3 - Tariffs for installations accredited ... before 18th November 2015 — Table 1

Tariff name	Sources of energy or Technology	Installation capacity	TariffPence/kWh
. . .	. . .	. . .	. . .
. . .	. . .	. . .	. . .
Large Biomass	As above	100kWth and above up to but not including 1000kWth	1.5
Small heat pumps	Ground source heat pump, water source heat pump, deep geothermal	Less than 20kWth	8.4
Medium heat pumps	As above	20kWth and above up to but not including 100kWth	4.3
Large heat pumps	As above	100kWth and above	1.3
All Solar collectors	Solar collectors	Below 200kWth	8.5
Biomethane and biogas combustion	Biomethane injection and biogas combustion	All biomethane injection and biogas combustion below 200kWth	3.0

Signed

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 31stOctober 2012.

A F Hepper — A senior officer of the — Department of Enterprise, Trade and Investment

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations establish a renewable heat incentive scheme (“the scheme”) under which owners of plants which generate heat from specified renewable sources and meet specified criteria may receive payments at prescribed tariffs for the heat used for eligible purposes. Payments may also be made to biomethane producers who produce biomethane for injection. The Regulations confer functions on the Department in connection with matters in connection with the general administration of the scheme.

Regulation 3 confers on the Department the function of making payments to participants in the scheme and specifies the eligible purposes for which heat will receive payment.

Chapter 1 of Part 2 (Regulation 4) defines criteria (“eligibility criteria”) that must be satisfied for a plant to be eligible to participate in the scheme.

Chapter 2 of Part 2 (Regulations 5 to 15) specified the eligibility criteria other than those in relation to metering.

Chapter 3 of Part 2 (Regulations 16 to 21) specifies the eligibility criteria in relation to metering, setting out the types of meters which may be used, the requirements with which they must comply and what must be measured.

Part 3 (regulations 22 to 26) sets out the procedures for accreditation, registration, change of ownership and preliminary accreditation. Regulation 22 confers on the Department the function of accrediting eligible installations (which upon accreditation are known as accredited RHI installations) and specifies the process by which applicants apply to the Department for accreditation.

Regulation 23 specifies the circumstances in which the Department may not accredit a plant. These include matters relating to the receipt of grants from public funds; where a plant has not been commissioned; where an applicant has indicated that applicable ongoing obligations will not be complied with and where the plant is one of a number of plants which would together form one eligible installation in accordance with Part 2.

Regulation 24 specifies the procedure for notifying the Department where there has been a transfer in ownership of all or part of an accredited RHI installation and sets out the process by which the new owner may receive payments under the scheme.

Regulation 25 confers on the Department the function of registering producers of biomethane who are producing biomethane for injection. It specifies the process by which applicants apply to the Department for registration and specifies the circumstances in which an application for registration can be refused.

Regulation 26 sets out the process by which a person may apply for and the Department may grant preliminary accreditation in respect of a plant.

Chapter 1 of Part 4 (Regulations 27 to 29) sets out ongoing obligations for participants in the scheme with which participants generating heat from biomass must comply.

Regulation 28 applies to participants generating heat from solid biomass contained in municipal waste. It specifies the minimum proportion of solid biomass which must be contained in the municipal waste used, sets out how the proportion of solid biomass is determined and specifies the permitted uses of fossil fuel in accredited RHI installations.

Regulation 29 applies to participants generating heat from solid biomass, not being solid biomass contained in municipal waste, in accredited installations with an installation capacity of between 45kWth and 1MWth. It specifies the permitted levels of and reasons for fossil fuel contamination, sets out how the proportion of fossil fuel contamination is determined and specifies the permitted uses of fossil fuel in accredited RH I installations.

Chapter 2 of Part 4 (Regulations 30 to 32) sets out ongoing obligations for participants who are generating heat from biogas and producing biomethane for injection.

Regulation 30 applies to participants producing biogas using gasification or pyrolysis and generating heat from that biogas. It stipulates composition requirements for the feedstock used by participants and specifies the permitted uses of fossil fuel in accredited RHI installations.

Regulation 31 applies to participants generating heat from biogas to whom regulation 30 does not apply. It stipulates feedstock requirements for participants using biogas produced from anaerobic digestion and specifies permitted uses of fossil fuel in accredited RHI installations.

Regulation 32 applies to biomethane producers who produce biomethane for injection. It specifies composition requirements for feedstocks used to produce the biogas from which the biomethane is made and sets out the ongoing obligations relating to administration with which participants must comply. It also imposes a sustainability reporting requirement.

Chapter 3 of Part 4 (Regulations 33 to 35) sets out the ongoing obligations for participants which are not specific to those participants generating heat from biomass or biogas or producing biomethane for injection.

Regulation 33 specifies general ongoing obligations relating to administrative and other matters with which participants must comply.

Regulation 34 specifies the ongoing obligations in relation to metering. It imposes requirements on participants in relation to their heat meters and steam measuring equipment; requires participants to provide data when requested by the Department; and specifies the metering arrangements for participants using heat pumps for both heating and cooling. This regulation also permits the data to be estimated in exceptional circumstances.

Regulation 35 specifies ongoing obligations in relation to the provision of information and gives effect to Schedule 1.

Part 5 (regulations 36 to 41) confers on the Department the function of calculating and paying periodic support payments to participants. These regulations specify the method by which tariffs are assigned; confer a function on the Department to calculate and publish a table of tariffs each year based on the tariffs set out in Schedule 3 adjusted in line with the retail price index and specifies the method by which periodic support payments are calculated.

Part 6 (regulation 42) specifies how a plant using the same source of energy and technology as an accredited RHI installation and supplying heat to the same heating system (known as additional RHI capacity) is to be treated under the scheme.

Part 7 (regulations 43 to 47) sets out the provisions in relation to enforcement.

Regulations 43 to 45 confer on the Department a wide range of powers to temporarily or permanently withhold a participant’s periodic support payments or reduce a periodic support payment.

Regulation 46 confers a power on the Department to revoke accreditation or registration in certain circumstances.

Regulation 47 confers a power on the Department to recover overpayments.

Part 8 (regulation 48) confers on the Department a power to revoke any sanction imposed under Part 7 and specifies the circumstances and manner in which the Department may exercise this power.

Part 9 (regulation 49) confers on the Department or its authorised agent the power to inspect an accredited RHI installation and its associated infrastructure and specifies the manner and circumstances in which this power may be exercised and the consequences of refusal.

Part 10 (regulation 50) confers a right of review on any prospective, current or former participant affected by a decision made by the Department under these Regulations, sets out the process by which a person may request a review of such decisions and specifies the Department’s powers on review.

Part 11 (regulations 51 and 52) confers additional administrative functions on the Department. Under regulation 51 the Department must publish procedural guidance in connection with the administration of the scheme and requires the Department to publish certain information on its website.

Regulation 52 describes the form of notices under these Regulations.

A draft of these Regulations was notified to the European Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations (OJ L 204, 21.7.1998, p.37) as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).

Footnotes

[^f00001]: 2011 c. 16

[^f00002]: S.I. 1996/275 (N.I.2)

[^f00003]: Details of which are available at www.microgenerationcertification.org

[^f00004]: ISBN 0580294153. Copies of which can be obtained from the British Standards Institution at www.bsigroup.com

[^f00005]: OJ L 135, 30.4.2004. p.1, amended by Commission Directive 2009 137/EC (OJ L 294,11.11.2009, p.7)

[^f00006]: 2003 c.33; Section 21 was amended by S.I. 2011/2499, Regulation 6

[^f00007]: S.R. 2009 No. 154 as amended by S.R. 2010 No. 134 and S.R. 2011 No. 169

[^f00008]: 1954 c.33 (N.I.)

[^f00009]: A copy is available at www.chpqa.decc.gov.uk

[^f00010]: ISBN 0580194825 Copies can be obtained from the British Standards Institution: www.bsi-global.com/en/

[^f00011]: S.I. 1997/2778 (N.I. 19); Article 2(2) was amended by SR 2011 No. 127

[^f00012]: S.R. 2003 No. 46

Editorial notes

[^key-77a19f2397702ab6f9b93b7387fa1054]: Reg. 1 in operation at 1.11.2012, see reg. 1

[^key-9fefd1e4fbc7593b1587a3e476b53d8d]: Reg. 2 in operation at 1.11.2012, see reg. 1

[^key-08311e003b2d793bfbf530d2e32e4824]: Reg. 3 in operation at 1.11.2012, see reg. 1

[^key-bcd67b8ab1de133124fa53d6aba507ee]: Reg. 4 in operation at 1.11.2012, see reg. 1

[^key-445afae3f91ab47149f19294d8a3b2fb]: Reg. 5 in operation at 1.11.2012, see reg. 1

[^key-5e9e31425163ec19c9b7e3a7102d41fe]: Reg. 6 in operation at 1.11.2012, see reg. 1

[^key-b2dfd33c175f4e770ac67f6ef3772285]: Reg. 7 in operation at 1.11.2012, see reg. 1

[^key-f65953b745f63f34cf77e7ba5922028e]: Reg. 8 in operation at 1.11.2012, see reg. 1

[^key-1bbb811c49f95e4c2b6ce4da8c5e68ef]: Reg. 9 in operation at 1.11.2012, see reg. 1

[^key-789e6aedc363e6b06761a811427f3d6d]: Reg. 10 in operation at 1.11.2012, see reg. 1

[^key-9e2079636d0a373c1963a6a4fb41446a]: Reg. 11 in operation at 1.11.2012, see reg. 1

[^key-571edf0572607d09f4867fc66fb7a67e]: Reg. 12 in operation at 1.11.2012, see reg. 1

[^key-e7f12412f40813b024b0c46bcdcda777]: Reg. 13 in operation at 1.11.2012, see reg. 1

[^key-12abcdc319909241379978f6f0a0d28b]: Reg. 14 in operation at 1.11.2012, see reg. 1

[^key-9e8c3082459bcea1aa36ada04d8e8282]: Reg. 15 in operation at 1.11.2012, see reg. 1

[^key-d32bf0cca6dc4e9686adf3cb71df6a1b]: Reg. 16 in operation at 1.11.2012, see reg. 1

[^key-66cf8851daf75905b5fb19d2cd639dc9]: Reg. 17 in operation at 1.11.2012, see reg. 1

[^key-d68de01ff3c98e4af83ee64b1477bc65]: Reg. 18 in operation at 1.11.2012, see reg. 1

[^key-84cd67229834d02e53b97f1288505ef7]: Reg. 19 in operation at 1.11.2012, see reg. 1

[^key-0c242ea174db98cc07900f771fd3153c]: Reg. 20 in operation at 1.11.2012, see reg. 1

[^key-396c630b7a16575f9ad1f1cebf75f2bd]: Reg. 21 in operation at 1.11.2012, see reg. 1

[^key-945a219b2adb0cd9c0a64a120e1d7fb1]: Reg. 22 in operation at 1.11.2012, see reg. 1

[^key-8520d28b8ed4e895ab352950653c801e]: Reg. 23 in operation at 1.11.2012, see reg. 1

[^key-2ec616747d4cf545a2678ea0d77b292a]: Reg. 24 in operation at 1.11.2012, see reg. 1

[^key-5f251ef4c09874076e358c7e2b82c57c]: Reg. 25 in operation at 1.11.2012, see reg. 1

[^key-0676969fae372954d397628d8905cb07]: Reg. 26 in operation at 1.11.2012, see reg. 1

[^key-7442c0b924af02e33ce31cc3b92a38e4]: Reg. 27 in operation at 1.11.2012, see reg. 1

[^key-317fce0e63a557624813cafefd62e66a]: Reg. 28 in operation at 1.11.2012, see reg. 1

[^key-c82132a58ab8a3b098d69edf894fae52]: Reg. 29 in operation at 1.11.2012, see reg. 1

[^key-87a57a1533771a47e93bdd0419cc2a9c]: Reg. 30 in operation at 1.11.2012, see reg. 1

[^key-f1075e01b159bedcc075291ed6060f49]: Reg. 31 in operation at 1.11.2012, see reg. 1

[^key-b8f378bc524660ae97151cdc13338e8d]: Reg. 32 in operation at 1.11.2012, see reg. 1

[^key-bea6e0e50d3022ad7d17fdd23ca812af]: Reg. 33 in operation at 1.11.2012, see reg. 1

[^key-58c06cb656a1fe4da2ca273a8473e872]: Reg. 34 in operation at 1.11.2012, see reg. 1

[^key-bd086d7906b9bafa806c260d15f86dff]: Reg. 35 in operation at 1.11.2012, see reg. 1

[^key-3f12da9571e611f8f312a478c9b3b789]: Reg. 36 in operation at 1.11.2012, see reg. 1

[^key-7e67f2d92eed1a277fc689bb2e82cecf]: Reg. 37 in operation at 1.11.2012, see reg. 1

[^key-c09231d1602a510d99f2601dee3194bb]: Reg. 38 in operation at 1.11.2012, see reg. 1

[^key-b7b8e407ae14f783acbca9d5a8a79904]: Reg. 39 in operation at 1.11.2012, see reg. 1

[^key-b6890d892d8d5f253ecdff76d4d01de8]: Reg. 40 in operation at 1.11.2012, see reg. 1

[^key-a9315cd2f85295b385c9fbe86b981e97]: Reg. 41 in operation at 1.11.2012, see reg. 1

[^key-833ef3f2ad1c169c89fe4dc33831d578]: Reg. 42 in operation at 1.11.2012, see reg. 1

[^key-9f67aade6dbbd389fae2c5d445572496]: Reg. 43 in operation at 1.11.2012, see reg. 1

[^key-73eeb8e097d03004c3913371e29082d7]: Reg. 44 in operation at 1.11.2012, see reg. 1

[^key-9e58321b91f0f21d41ab6d4c3739de24]: Reg. 45 in operation at 1.11.2012, see reg. 1

[^key-5e30cb0ccd3a1eac4199cf185896a897]: Reg. 46 in operation at 1.11.2012, see reg. 1

[^key-9b94e6f3f6c6aad07fa64d373ba0038f]: Reg. 47 in operation at 1.11.2012, see reg. 1

[^key-95445321d001df9ddad1a46d541d3f01]: Reg. 48 in operation at 1.11.2012, see reg. 1

[^key-4fc8adb4cbd337bdf4a5616fef3a3257]: Reg. 49 in operation at 1.11.2012, see reg. 1

[^key-1aafb278c87c757f2382e86a65fdb820]: Reg. 50 in operation at 1.11.2012, see reg. 1

[^key-17dda3847e5db9b30db839976c4560d7]: Reg. 51 in operation at 1.11.2012, see reg. 1

[^key-97584a82c500b4ee6a47d051f50dac71]: Reg. 52 in operation at 1.11.2012, see reg. 1

[^key-61a74582c6a0ab86ff6bcb2e3aa93932]: Sch. 1 para. 1 in operation at 1.11.2012, see reg. 1

[^key-d52c955085f2797ee1aaa2c99871a7c2]: Sch. 2 para. 1 in operation at 1.11.2012, see reg. 1

[^key-bf45680eefc9e50f3bc215fcceaaf201]: Sch. 2 para. 2 in operation at 1.11.2012, see reg. 1

[^key-7a8cdb5e08c26da9502b8929be2dae79]: Sch. 2 para. 3 in operation at 1.11.2012, see reg. 1

[^key-31a0b19b82402e7f81f8320aca9aa723]: Sch. 2 para. 4 in operation at 1.11.2012, see reg. 1

[^key-2cf449a373ee845cecff89ee23300033]: Sch. 2 para. 5 in operation at 1.11.2012, see reg. 1

[^key-e85485f0b495a59822142633c3255851]: Sch. 3 in operation at 1.11.2012, see reg. 1

[^key-e5550a40ea58d0caac67909e41baa6e4]: Reg. 23(1)(b) substituted (9.12.2014) by The Domestic Renewable Heat Incentive Scheme Regulations (Northern Ireland) 2014 (S.R. 2014/301), regs. 1, 61(2)

[^key-bc92c27898f56642feee7b9659109433]: Reg. 23(6) inserted (9.12.2014) by The Domestic Renewable Heat Incentive Scheme Regulations (Northern Ireland) 2014 (S.R. 2014/301), regs. 1, 61(3)

[^key-29618ba47832f487db6c59d972ded5e8]: Reg. 24A inserted (18.11.2015) by The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/371), regs. 1, 9

[^key-28325f69790bb6a8a85992b4442bd076]: Reg. 38A inserted (18.11.2015) by The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/371), regs. 1, 12

[^key-b84f82a88d88a3e9fb054652902f86f4]: Words in Sch. 3 heading inserted (18.11.2015) by The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/371), regs. 1, 15(1)

[^key-3f7002d68be90d406a20569bafbd1060]: Sch. 4 inserted (18.11.2015) by The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/371), regs. 1, 15(2)

[^key-25f6e50dbd4d9fc9188b7ba284f2c70f]: Words in reg. 3(2) substituted (18.11.2015) by The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/371), regs. 1, 4

[^key-7aee1215afa03312162fc5dfdb141b72]: Words in reg. 5(b) added (18.11.2015) by The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/371), regs. 1, 5

[^key-20ff1058c070f4251312ab5433ef3400]: Words in reg. 8(a)(ii) inserted (18.11.2015) by The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/371), regs. 1, 6

[^key-599ef2439c9ee5693267f80a83e7b058]: Reg. 9(2)(a) omitted (18.11.2015) by virtue of The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/371), regs. 1, 7(a)

[^key-c3628fb8ec586bf3ebbf89cb005ca3d8]: Word in reg. 9(2)(b) substituted (18.11.2015) by The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/371), regs. 1, 7(b)(i)

[^key-6a401b9c1b57bed07da33dfb90bc0069]: Words in reg. 9(2)(b) inserted (18.11.2015) by The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/371), regs. 1, 7(b)(ii)

[^key-6f2cf6a34cdba966231e73a7b2ec535c]: Words in Reg. 16(1)(b) substituted (18.11.2015) by The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/371), regs. 1, 8

[^key-0dfb4eb72336d6414f7b2085ad0e3be9]: Reg. 16(1)(c) omitted (18.11.2015) by virtue of The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/371), regs. 1, 8

[^key-a70950ace834acfa35f2dc23dfcd72d2]: Words in reg. 36(7) inserted (18.11.2015) by The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/371), regs. 1, 10(2)

[^key-db32a2cdaa05995e886cc3695f6889a2]: Reg. 36(7A) inserted (18.11.2015) by The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/371), regs. 1, 10(3)

[^key-7489a1847f280bc04dc5ceaf69ccff78]: Reg. 36(9)(10) inserted (18.11.2015) by The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/371), regs. 1, 10(4)

[^key-a13a20aad4ca62f4b5675b822e9345f3]: Words in Reg. 37(1)(b) substituted (18.11.2015) by The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/371), regs. 1, 11

[^key-bf70e88b6257a12aff733b46e599c524]: Reg. 37(1)(c) omitted (18.11.2015) by virtue of The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/371), regs. 1, 11

[^key-b3a7c25861d084079a628abe3068ae72]: Words in reg. 42(5)(e) substituted (18.11.2015) by The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/371), regs. 1, 13

[^key-99af2b94b6d9551efa0d40522f4756fc]: Sch. 1 para. 1(1) substituted (18.11.2015) by The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/371), regs. 1, 14

[^key-7e7f922d2a02097c54ef8d6b1b64288e]: Reg. 23A inserted (17.2.2016) by The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/47), regs. 1, 4

[^key-3d0dacb78aae456900b2793f9b31f61e]: Words in reg. 22(6) substituted (17.2.2016) by The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/47), regs. 1, 5

[^key-55685a5759f2cf8392ebea7f853f42c6]: Words in reg. 25(4) substituted (17.2.2016) by The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/47), regs. 1, 6

[^key-5446d7e985a6f670421acba510c859eb]: Reg. 36(7) ceases to have effect as specified (temp. until 31/3/2018) (coming into force in accordance with reg. 1(2) of the amending Rule) by virtue of The Renewable Heat Incentive Scheme (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/32), regs. 1, 5(4)

[^key-a49dcd4f8c8e86645180fd1ec4be73a5]: Sch. 3A inserted (1.4.2018) by Northern Ireland (Regional Rates and Energy) Act 2018 (c. 6), s. 3(2), Sch. (with reg. 2(14)-(16))

[^key-b570628ff29440af15f6417c2a364467]: Words in Sch. 3 heading omitted (1.4.2018) by virtue of Northern Ireland (Regional Rates and Energy) Act 2018 (c. 6), ss. 2(11), 3(2) (with reg. 2(14)-(16))

[^key-b6b713fc24729842f2456695b46665d8]: Words in Sch. 4 heading inserted (1.4.2018) by Northern Ireland (Regional Rates and Energy) Act 2018 (c. 6), ss. 2(12), 3(2) (with reg. 2(14)-(16))

[^key-6df2c688cff9b5c0ae99a57c8e125d5c]: Words in reg. 36(3) substituted (1.4.2018) by Northern Ireland (Regional Rates and Energy) Act 2018 (c. 6), ss. 2(2), 3(2) (with reg. 2(14)-(16))

[^key-48789f4c240a990ea7f4779ee5fca96b]: Reg. 36(5) inserted (1.4.2018) by Northern Ireland (Regional Rates and Energy) Act 2018 (c. 6), ss. 2(3), 3(2) (with reg. 2(14)-(16))

[^key-c12423b5163d6c0b530af8c69ea55c21]: Words in reg. 36(6) substituted (1.4.2018) by Northern Ireland (Regional Rates and Energy) Act 2018 (c. 6), ss. 2(4), 3(2) (with reg. 2(14)-(16))

[^key-accfc7e1d3c96a9703282c6e094c5fd8]: Words in reg. 36(7) inserted (1.4.2018) by Northern Ireland (Regional Rates and Energy) Act 2018 (c. 6), ss. 2(5), 3(2) (with reg. 2(14)-(16))

[^key-92c7df9164aceb8b42620787d77533e8]: Reg. 36(7B) inserted (1.4.2018) by Northern Ireland (Regional Rates and Energy) Act 2018 (c. 6), ss. 2(6), 3(2) (with reg. 2(14)-(16))

[^key-6d8ae5945dd2c42c51c4c7c92fc9fbfb]: Words in reg. 36(8) substituted (1.4.2018) by Northern Ireland (Regional Rates and Energy) Act 2018 (c. 6), ss. 2(7), 3(2) (with reg. 2(14)-(16))

[^key-d6570a3f8fb80a3ea95254401b8f721a]: Reg. 36(9A) inserted (1.4.2018) by Northern Ireland (Regional Rates and Energy) Act 2018 (c. 6), ss. 2(8), 3(2) (with reg. 2(14)-(16))

[^key-279b70453bd50b6d6887fad381bca7dc]: Words in reg. 36(10) substituted (1.4.2018) by Northern Ireland (Regional Rates and Energy) Act 2018 (c. 6), ss. 2(9), 3(2) (with reg. 2(14)-(16))

[^key-e9a09b960a010e8de752deed4f049b89]: Reg. 36(11) inserted (1.4.2018) by Northern Ireland (Regional Rates and Energy) Act 2018 (c. 6), ss. 2(10), 3(2) (with reg. 2(15))

[^key-062e0d8a650ce47677be323bfa7f488e]: Words in Sch. 3 omitted (1.4.2019) by virtue of Northern Ireland (Regional Rates and Energy) Act 2019 (c. 13), ss. 3(11), 6(2) (with ss. 2(2), 3(13))

[^key-e225454da96183e2750a016fd9c5dc23]: Words in Sch. 4 omitted (1.4.2019) by virtue of Northern Ireland (Regional Rates and Energy) Act 2019 (c. 13), ss. 3(11), 6(2) (with ss. 2(2), 3(13))

[^key-287e9bd1b9b780c32c8c243908899eba]: Word in reg. 36(3) substituted (1.4.2019) by Northern Ireland (Regional Rates and Energy) Act 2019 (c. 13), ss. 3(1), 6(2) (with ss. 2(2), 3(13))

[^key-c612c364c7ccc7ab05e03e3ccf11f513]: Word in reg. 36(5) substituted (1.4.2019) by Northern Ireland (Regional Rates and Energy) Act 2019 (c. 13), ss. 3(2)(a), 6(2) (with ss. 2(2), 3(13))

[^key-c503420d20948089bc896841296e4667]: Words in reg. 36(5) substituted (1.4.2019) by Northern Ireland (Regional Rates and Energy) Act 2019 (c. 13), ss. 3(2)(b), 6(2) (with ss. 2(2), 3(13))

[^key-dd879f06015a18c64d80455129fdda7f]: Word in reg. 36(6) substituted (1.4.2019) by Northern Ireland (Regional Rates and Energy) Act 2019 (c. 13), ss. 3(3), 6(2) (with ss. 2(2), 3(13))

[^key-2d17a0c51d627f229a346333c9d0340c]: Words in reg. 36(7) inserted (1.4.2019) by Northern Ireland (Regional Rates and Energy) Act 2019 (c. 13), ss. 3(4), 6(2) (with ss. 2(2), 3(13))

[^key-35ec03dc709a90a12478e095ec96c283]: Words in reg. 36(7A) inserted (1.4.2019) by Northern Ireland (Regional Rates and Energy) Act 2019 (c. 13), ss. 3(5), 6(2) (with ss. 2(2), 3(13))

[^key-887b7c824600cc8222d04912544b14d5]: Word in reg. 36(8) substituted (1.4.2019) by Northern Ireland (Regional Rates and Energy) Act 2019 (c. 13), ss. 3(7), 6(2) (with ss. 2(2), 3(13))

[^key-005b3721be2f27b26797cd9ff9115c5b]: Words in reg. 36(9A) inserted (1.4.2019) by Northern Ireland (Regional Rates and Energy) Act 2019 (c. 13), ss. 3(8), 6(2) (with ss. 2(2), 3(13))

[^key-1ec326e91c0c69f85a40462e70ed3678]: Reg. 36(9B)(9C) inserted (1.4.2019) by Northern Ireland (Regional Rates and Energy) Act 2019 (c. 13), ss. 3(9), 6(2) (with ss. 2(2), 3(13))

[^key-7efcfcf44d4add5fb6b016b7b7470d3f]: Words in reg. 36(10) substituted (1.4.2019) by Northern Ireland (Regional Rates and Energy) Act 2019 (c. 13), ss. 3(10), 6(2) (with ss. 2(2), 3(13))

[^key-2f46711d529f603f3a1c1ddd28ee990a]: Reg. 23B inserted (26.5.2019) by Northern Ireland (Regional Rates and Energy) Act 2019 (c. 13), ss. 4, 6(3) (with s. 2(2))

[^key-671da9e45d817cdafabf5bfc2b759e90]: Sch. 5 substituted (2.12.2025) by The Renewable Heat Incentive Scheme (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/195), regs. 1, 6 (with reg. 7)

[^key-68ce72612c2554b71c790d4645a0eb81]: Reg. 36(7C) substituted (2.12.2025) by The Renewable Heat Incentive Scheme (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/195), regs. 1, 4

[^key-864f0bee7c5c13abba933b2b95f67953]: Reg. 36(9C) substituted (2.12.2025) by The Renewable Heat Incentive Scheme (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/195), regs. 1, 5

Changes in location of accredited RHI installations

24A

• (1) This regulation applies where an accredited RHI installation is moved to a new location during its tariff lifetime.

• (2) No periodic support payment may be made in respect of the RHI installation after the date on which it is moved to the new location until—

• (a) the owner has notified the Department of the change in location; and

• (b) the Department has concluded that the accredited RHI installation should continue to be accredited.

• (3) On receipt of a notification under paragraph (2) the Department—

• (a) may require the owner to provide such of the information specified in Schedule 1 as the Department considers necessary for the proper administration of the scheme; and

• (b) must review the accreditation of the RHI installation to determine whether it continues to meet the eligibility criteria in the new location (except the requirement in regulation 12(1)(b)) and accordingly whether it should continue to be accredited.

• (4) Where the Department concludes that the RHI installation should continue to be accredited it must update the central register referred to in regulation 22(6)(c) if appropriate.

• (5) Where the Department concludes that the accredited RHI installation should continue to be accredited, periodic support payments calculated from the date of that decision and for the remainder of the tariff lifetime of that accredited RHI installation shall be payable.

Producers of biomethane

Preliminary accreditation

38A

• (1) No periodic support payments may be made in relation to any heat generated by any capacity of a CHP system to which paragraph (2) or (3) applies.

• (2) This paragraph applies to capacity which generated heat and electricity before 1stMay 2013 and which—

• (a) uses solid biomass or solid biomass contained in municipal waste to generate heat and electricity, and

• (b) forms part of a generating station which—

• (i) is accredited under the NIRO, and

• (ii) is or at any time since it was so accredited, has been a qualifying combined heat and power generating station within the meaning of article 2 of the Renewables Obligation Order.

• (3) This paragraph applies to capacity which first generates heat and electricity on or after 1stOctober 2015 and—

• (a) which—

• (i) uses solid biomass to generate heat and electricity;

• (ii) forms part of a generating station which is accredited under the NIRO, and

• (iii) is capacity in respect of which a declaration made in accordance with article 26(8) of the Renewables Obligation Order; has been made; or

• (b) which—

• (i) uses solid biomass contained in municipal waste to generate heat and electricity;

• (ii) forms part of a generating station which is accredited under the NIRO; and

• (iii) forms part of a generating station which is or at any time since it was so accredited, has been a qualifying combined heat and power generating station within the meaning of article 2 of the Renewables Obligation Order.

• (4) For the purpose of this regulation, “the Renewables Obligation Order” means the Renewables Obligation Order (Northern Ireland) 2009.

SCHEDULE4 — Tariffs For Installations Accredited on or after 18thNovember 2015

Tariff name	Sources of energy or Technology	Installation capacity	TariffPence/kWh
. . .	. . .	. . .	. . .
. . .	. . .	. . .	. . .
Large Biomass	As above	200kWth and above up to but not including 1000kWth	1.5
Combined Heat and Power	Biomass combined heat and power	New systems all sizesConversion from fossil fuels all sizes	3.51.7
Small heat pumps	Ground source heat pump, water source heat pump, deep geothermal	Less than 20kWth	9.0
Medium heat pumps	As above	20kWth and above up to but not including 100kWth	4.6
Large heat pumps	As above	100kWth and above	1.3
All Solar collectors	Solar collectors	Below 200kWth	9.1
Biomethane injection and biogas combustion	Biomethane injection and biogas combustion	All biomethane injection and biogas combustion below 200kWth	3.3

Suspension of the operation of the scheme

23A

• (1) This paragraph applies where it appears to the Department that it does not have or is not likely to have sufficient funds available to it for the purposes of meeting the total costs of—

• (a) periodic support payments for all eligible installations accredited under regulation 22 and all installations likely to be so accredited; and

• (b) RHI payments for all plants accredited under regulation 21 of the Domestic Renewable Heat Incentive Scheme Regulations (Northern Ireland) 2014 and all plants likely to be so accredited.

• (2) Where paragraph (1) applies, the Department may, by notice published in such a manner as it may think appropriate, suspend the operation of the scheme in relation to the making of—

• (a) applications for accreditation under regulation 22;

• (b) applications for registration under regulation 25; and

• (c) applications for preliminary accreditation under regulation 26

made after a date specified in the notice (“the date of suspension”) and accordingly after that date and while the notice remains in force no such applications may be made or granted.

• (3) Paragraph (2) does not apply to an application for accreditation for an eligible installation under regulation 22 where—

• (a) an application for preliminary accreditation was made under regulation 26 in respect of the eligible installation before the date of suspension;