The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) (No. 2) Regulations 2015

Made: 30th June 2015

Laid before Parliament: 6th July 2015

Coming into force in accordance with regulation 1(1) and (2)

In accordance with section 100(7)(a) of that Act, the Secretary of State has obtained the consent of the Scottish Ministers to the making of these Regulations.

PART 1 — Introduction

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) (No. 2) Regulations 2015 and, except as provided in paragraph (2), come into force on 27th July 2015.

• (2) Regulations 4, 9 and 11 to 13 come into force on 26th September 2015.

PART 2 — Amendments to the Renewable Heat Incentive Scheme Regulations 2011

Amendments to the Renewable Heat Incentive Scheme Regulations 2011

2

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Amendments to regulation 2 (interpretation)

3

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Amendments to regulation 13 (certification for installation of Microgeneration heating equipment)

4

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Amendments to regulation 22 (applications for accreditation)

5

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Amendment to regulation 25 (producers of biomethane)

6

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Amendment to regulation 36A (interpretation of Part 4)

7

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Amendment to regulation 36C (information to be provided to the Authority in relation to the use of sustainable solid biomass etc)

8

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Amendment to Schedule 1 (Information required for accreditation and registration)

9

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Amendment to Schedule 2B (Land criteria)

10

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PART 3 — Amendments to the Domestic Renewable Heat Incentive Scheme 2014

Amendments to the Domestic Renewable Heat Incentive Scheme Regulations 2014

11

The Domestic Renewable Heat Incentive Scheme Regulations 2014[^f00011] are amended in accordance with regulations 12 and 13.

Amendment to regulation 2 (interpretation)

12

• (1) Regulation 2 is amended as follows.

• (2) Insert the following definition after the definition of “RHPP grant”—

• “SCOP calculator” means version 1.0 of the document entitled “MCS 026 Seasonal Coefficient of Performance Calculator” published on 1st May 2015[^f00012];

• (3) In the definition of “seasonal performance factor” insert after “heat emitter guide” in paragraph (a) “or the SCOP calculator, whichever is required by the relevant installation standard”.

Amendment to regulation 8 (certification requirements)

13

• (1) Regulation 8 is amended as follows.

• (2) For regulation 8(2)(a)(i) substitute—

(i) where the plant is a biomass plant— (aa) version 4.0 of the document entitled “Microgeneration Installation Standard: MIS 3004 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of solid biofuel heating systems” published on 16th December 2013[^f00013]; (bb) version 4.1 of the document entitled “Microgeneration Installation Standard: MIS 3004 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of solid biofuel heating systems” published on 1st May 2015[^f00014]; or (cc) version 4.2 of the document entitled “Microgeneration Installation Standard: MIS 3004 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of solid biofuel heating systems” published on 6th May 2015[^f00015], provided it is in force on the plant’s first commissioning date;

• (3) In regulation 8(2)(a)(ii)(aa) after “21st November 2014;” omit “or”.

• (4) In regulation 8(2)(a)(ii)(bb) after “16th December 2013” insert—

; or (cc) version 4.3 of the document entitled “Microgeneration Installation Standard: MIS 3005 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of microgeneration heat pump systems” published on 6th May 2015[^f00016]

• (5) In regulation 8(2)(a)(iii)(aa) after “21st November 2014;” omit “or”.

• (6) In regulation 8(2)(a)(iii)(bb) after “16th December 2013” insert—

; or (cc) version 4.2 of the document entitled “Microgeneration Installation Standard: MIS 3001 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of solar heating microgeneration systems” published on 1st May 2015[^f00017]

Signed

Bourne — Parliamentary Under Secretary of State — Department of Energy and Climate Change — 30th June 2015

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations apply to Great Britain and amend the Renewable Heat Incentive Scheme Regulations 2011 (the “2011 Regulations”) and the Domestic Renewable Heat Incentive Scheme Regulations 2014 (the “2014 Regulations”). The 2011 Regulations and 2014 Regulations create schemes under which owners of plants which generate heat from specified renewable sources and meet specified criteria, and producers of biomethane for injection, may receive payments at prescribed tariffs for heat used for eligible purposes.

Regulation 3 amends a number of the definitions in the 2011 Regulations. In particular, the definitions of “estimated energy from biomethane” and “estimated spend” have been updated to improve the methodology for biomethane expenditure forecasting.

Regulation 4 amends regulation 13 of the 2011 Regulations to update the technical standards governing the installation of plants generating heat from solid biomass, ground source heat pumps, air source heat pumps and solar collectors.

Regulations 5 and 6 allow the Authority to reject an application where outstanding information has not been provided by an applicant under the 2011 Regulations within the time period specified in a notice issued by the Authority.

Regulations 7 and 8 update the sustainability criteria in the 2011 Regulations in respect of biomethane and solid biomass. In particular, regulation 7 amends the definition of “sustainable biomethane”.

Regulation 9 amends Schedule 1 to the 2011 Regulations in relation to the methodology to be used by installers when calculating the seasonal performance factor of heat pumps with an installation capacity of 45kWth or below.

Regulation 10 amends the Land Criteria in Schedule 2B of the 2011 Regulations in relation to solid biomass.

Regulation 12 amends the interpretation section of the 2014 Regulations to include reference to the latest methodology to be used by installers when calculating the seasonal performance factor of heat pumps.

Regulation 13 amends regulation 8 of the 2014 Regulations to update the technical standards governing the installation of plants generating heat from biomass plants, ground source heat pumps, air source heat pumps and solar thermal plants.

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).

Documents published on www.microgenerationcertification.org are also available from Gemserv Limited at 8 Fenchurch Place, London, EC3M 4AJ.

The Explanatory Memorandum will be published alongside the instrument on www.legislation.gov.uk.

Footnotes

[^f00001]: 2008 c.32; section 100 was amended by S.I. 2011/2195 and section 51 of the Infrastructure Act 2015 (c.7). Section 51 also amended section 105 of the Energy Act 2008 (Parliamentary control of subordinate legislation) and inserted subsections (3A) to (3I) concerning provisions which require the affirmative resolution procedure. By virtue of subsections (3A) to (3I), these Regulations do not require the affirmative procedure.

[^f00011]: S.I. 2014/928, amended by S.I. 2015/143; there are other amending instruments but none is relevant.

[^f00012]: Published on www.microgenerationcertification.org.

[^f00013]: Published on www.microgenerationcertification.org.

[^f00014]: Published on www.microgenerationcertification.org.

[^f00015]: Published on www.microgenerationcertification.org.

[^f00016]: Published on www.microgenerationcertification.org.

[^f00017]: Published on www.microgenerationcertification.org.

Editorial notes

[^key-9be5ab4783901746678986642cffedf7]: Reg. 1 in force at 27.7.2015, see reg. 1(1)

[^key-698599fa86dd737388c72c913d73b64b]: Reg. 12 in force at 26.9.2015, see reg. 1(2)

[^key-234c6a9d6a318ca75bb4be34e9b3edd1]: Reg. 13 in force at 26.9.2015, see reg. 1(2)

[^key-d3d78152efb6a89a2359291d267a2827]: Reg. 11 in force at 26.9.2015, see reg. 1(2)

[^key-f712547c4561d3285c01a4589c84bbb8]: Regs. 2-10 revoked (22.5.2018) by The Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), regs. 1, 92(2)(h) (with reg. 92(3)-(14))