The Domestic Renewable Heat Incentive Scheme Regulations 2014

• (6) Within 6 months of sending a notice under paragraph (2), the Authority must either resume payment of RHI payments or must send the RI a notice under regulation 58, 59A or 60.

Power to withhold RHI payments in the case of non-compliance

Revocation of accreditation

59A

• (1) Where the Authority is satisfied that—

• (a) there has been a serious or repeated failure by an RI to comply with an ongoing obligation;

• (b) there has been a failure by the RI to comply with a notice under regulation 58(2); or

• (c) the RI has become an RI wholly or partly as a result of the provision of information which was incorrect in a material particular,

the Authority may revoke the RI’s investor registration.

• (2) Before revoking an RI’s investor registration the Authority must send the RI a notice specifying—

• (a) the reason for the intended revocation, including details of the respect in which the RI has failed to comply with an ongoing obligation or details of the incorrect information;

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

• (c) details of the RI’s right of review.

• (3) Where an investor’s RI status has been revoked the Authority—

• (a) must cease payment of all RHI payments to that investor;

• (b) must remove that investor from the central register;

• (c) must inform all participants who nominated that investor under regulation 22E(1) of the revocation and the effect of the revocation; and

• (d) may reject any further investor applications by that investor.

Overpayment notices and offsetting

Revocation of sanctions

Right of review

SCHEDULE 4A — Information required from investors making an investor application

1

The information referred to in regulation 22A(2)(a) is—

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

• (b) where the investor is an individual, the name, date of birth, address, e-mail address (if any) and telephone number (if any) of the investor;

• (c) where the investor is not an individual, the name of the individual making the application on behalf of the investor, the individual’s date of birth, address, e-mail address (if any) and telephone number (if any);

• (d) where the investor is a company, the trading or other name by which the investor is commonly known, its registration number, and the address of its registered office;

• (e) details of a bank account in the investor’s name which accepts pound sterling deposits in the United Kingdom into which any RHI payments may be paid;

• (f) information to enable the Authority to satisfy itself that the investor is a member of a code of practice; and

• (g) a current copy of the form of contract under which the investor would enter into an assignment agreement with an applicant, including any related or subsidiary documents.

Investors and RHI payments

26A

In relation to an accredited domestic plant with a tariff start date on or after 27th June 2018, an investor may only receive RHI payments, directly or indirectly, if they are an NRI.

Calculation of RHI payments where metering is not required

Calculation of RHI payments where heat generated by a plant must be metered

Calculation of deemed annual heat generation

Calculation of eligible metered heat generated by heat pumps

Calculation of grant funding deduction

PART 1A — Scheme closure

Closure of the domestic RHI scheme to applications

2A

• (1) Subject to this regulation—

• (a) the domestic RHI scheme is closed to applications from midnight at the end of 31st March 2022 (“scheme closure”); and

• (b) the Authority must not give accreditation under regulation 21(1) where it would result in a tariff start date that falls on or after 1st April 2022.

• (2) The domestic RHI scheme is closed to investor applications from midnight at the end of 30th June 2028.

• (3) The domestic RHI scheme is closed to authorisation applications from midnight at the end of 31st December 2028.

• (4) The domestic RHI scheme is closed to accreditation applications for a replacement plant from midnight at the end of 31st December 2028.

• (5) The domestic RHI scheme is closed to registration applications in relation to a replacement plant from midnight at the end of 31st December 2028.

• (6) In paragraph (1)(a), “applications” means—

• (a) accreditation applications (not including accreditation applications for a replacement plant); and

• (b) registration applications (not including registration applications in relation to a replacement plant).

Approval of documents published after scheme closure

2B

• (1) The Secretary of State may approve a version or issue of an installation standard mentioned in regulation 8(2)(a) which is published by the Microgeneration Certification Scheme after scheme closure and is in force on a plant’s first commissioning date as a relevant installation standard for that plant.

• (2) The Secretary of State may approve a version or issue of the installation standard mentioned in regulation 29(6) which is published after scheme closure for the purpose of calculating the deemed annual heat generation for a solar thermal plant.

• (3) The Secretary of State may approve a version or issue of a code mentioned in paragraph (a) or (b) of the definition of “code of practice” in regulation 2 which is published after scheme closure as a code of practice for the purpose of these Regulations.

• (4) The Secretary of State may approve a version or issue of the document mentioned in the definition of “SCOP calculator” in regulation 2 which is published after scheme closure for the purpose of calculating the seasonal performance factor.

Exemption from requirement for metering

43A

• (1) This regulation applies where the Authority—

• (a) has not provided a metering statement for an accredited domestic plant at an RHI property; and

• (b) is notified by a participant under regulation 40 or 41 that the property is or has been occupied for less than 183 days in a 12 month period.

• (2) The Authority must—

• (a) request that the participant provide such of the information specified in Schedule 4 and any declarations the Authority considers necessary for the proper administration of the domestic RHI scheme;

• (b) when making that request, notify the participant that if the participant wishes to request an exemption for that 12 month period, the participant must, within 28 days of receiving the request for information—

• (i) send the Authority a written request for an exemption; and

• (ii) provide evidence of exceptional circumstances to support the request for the exemption; and

• (c) request that the participant provide any further information the Authority considers necessary to determine whether or not to grant the exemption.

• (3) The Authority must, after considering evidence of exceptional circumstances and any further information provided by the participant—

• (a) determine whether or not an exemption for that 12 month period should be granted; and

• (b) notify the participant of its decision, giving reasons.

• (4) The Authority must publish guidance specifying the circumstances which constitute exceptional circumstances for the purpose of this regulation.

• (5) Where this regulation applies, no RHI payment may be made for the accredited domestic plant until—

• (a) the Authority notifies the participant under paragraph (3)(b) that an exemption is granted; or

• (b) if an exemption is not requested or is not granted, the Authority has provided the participant and, where there is an assignment, the NRI with a metering statement under regulation46(5).

• (6) In this regulation, “exemption” means exemption from the requirement for heat generated by an accredited domestic plant to be metered because the property was occupied for less than 183 days in a 12 month period.

Ongoing obligations: provision of information

Replacement parts

47A

• (1) A replacement part must use the same source of energy as the original part.

• (2) In this regulation, “replacement part” means any part of an accredited domestic plant which—

• (a) uses a source of energy; and

• (b) is replaced during repair work.

Changes in ownership of accredited domestic plants

Changes affecting registration and changes in requirements for metering and monitoring agreements