Legalize / United Kingdom / Statutory-Instrument

The Renewable Heat Incentive Scheme Regulations 2018

Type Statutory-Instrument

Publication 2018-05-21

Last updated 2025-11-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(i) any necessary planning permission has been granted; or

(ii) planning permission is not required;

(k) any further information which the Authority may require.

(5) In the case of an applicant who proposes to produce biomethane for injection, the application must be in writing, in such form as the Authority requires, and include the following information—

(a) the date on which the applicant expects the injection of biomethane to commence;

(b) the expected maximum initial capacity;

(c) the location of the place where biomethane will be injected in accordance with the network entry agreement applicable to that biomethane;

(d) evidence that a connection agreement has been entered into;

(e) the applicant's name and business address;

(f) the volume in cubic metres of eligible biomethane which the applicant intends to inject each year;

(g) evidence from the relevant planning authority that—

(i) any necessary planning permission has been granted in respect of the processes by which the biogas which is used to produce the biomethane is produced, the biogas is converted into biomethane, or the biomethane is injected; or

(ii) planning permission is not required;

(h) any further information which the Authority may require.

(6) Subject to paragraphs (16) and (17), where the application has, in the Authority's opinion, been properly made, it must issue a notice (a “provisional tariff guarantee notice”) stating—

(a) that a tariff guarantee will be granted if the Authority is satisfied that financial close has been reached;

(b) the evidence which is required for the purposes of sub-paragraph (a);

(i) 3 weeks from the date on which the provisional tariff guarantee notice is issued; or

(ii) 31st March 2021,

whichever is the earlier;

(d) the date on which the properly made application was received by the Authority; and

(e) the guaranteed tariff which will apply if the plant becomes accredited under regulation 30 or the producer of biomethane for injection becomes registered under regulation 32.

(7) Where the Authority is satisfied that the applicant has provided the information specified in the provisional tariff guarantee notice within the time limit stated in the notice, the Authority must grant a tariff guarantee by notice to the applicant stating—

(a) the guaranteed tariff which will apply if the plant becomes accredited under regulation 30 or the producer of biomethane for injection becomes registered under regulation 32;

(b) the date by which, for the purposes of the tariff guarantee, the plant must be commissioned or injection of biomethane must commence;

(d) the information which the applicant must supply to the Authority during the period of the tariff guarantee, and the frequency with which that information must be supplied; and

(e) any further conditions which the Authority thinks fit in relation to the tariff guarantee.

(7A) Where the Authority has issued a notice under paragraph (7) before 20th July 2020 for an application made on or after 17th July 2019 and before 29th June 2020, the Authority may re-issue the notice substituting a date no later than 31st March 2022 as the date by which, for the purposes of the tariff guarantee, the plant must be commissioned or the injection of biomethane must commence.

(7B) Where a notice under paragraph (7) in respect of a plant to which paragraph (3) applies has been reissued under paragraph (7A), the Authority may re-issue the notice substituting a date no later than 31st March 2023 as the date by which, for the purposes of the tariff guarantee, the plant must be commissioned.

(7C) Where a notice under paragraph (7) has been reissued under paragraph (7A) to an applicant who proposes to produce biomethane for injection and the applicant is not eligible to make an application for a tariff guarantee under regulation 4(1) of the Green Gas Support Scheme Regulations 2021 in respect of that production, the Authority may re-issue the notice substituting a date no later than 31st March 2023 as the date by which, for the purposes of the tariff guarantee, the injection of biomethane must commence.

(8) The Authority may revoke a tariff guarantee at any time before the applicant is notified in accordance with regulation 30(9) or 32(10) if—

(a) there has been a material change in circumstances such that, had the application for the tariff guarantee been made after the change, it would have been refused;

(b) the applicant fails to comply with conditions imposed in accordance with paragraph (7)(b), (d) or (e);

(c) the Authority considers that the information on which the decision to grant the tariff guarantee was based was incorrect in a material particular; or

(d) the Authority considers that the plant or the production and injection of biomethane is materially different from the plant or production and injection of biomethane which was proposed under paragraph (4) or (5).

(8A) Where the Authority has revoked a tariff guarantee before 20th July 2020 for an application made on or after 17th July 2019 and before 29th June 2020 because the applicant failed to meet the condition imposed in accordance with paragraph (7)(b), the Authority may reissue a notice under paragraph (7) substituting a date no later than 31st March 2022 as the date by which, for the purposes of the tariff guarantee, the plant must be commissioned or the injection of biomethane must commence.

(8B) Where a notice under paragraph (7) has been reissued under paragraph (8A) in respect of a plant to which paragraph (3) applies, the Authority may re-issue the notice substituting a date no later than 31st March 2023 as the date by which, for the purposes of the tariff guarantee, the plant must be commissioned.

(8C) Where a notice under paragraph (7) has been reissued under paragraph (8A) to an applicant who proposes to produce biomethane for injection and the applicant is not eligible to make an application for a tariff guarantee under regulation 4(1) of the Green Gas Support Scheme Regulations 2021 in respect of that production, the Authority may re-issue the notice substituting a date no later than 31st March 2023 as the date by which, for the purposes of the tariff guarantee, the injection of biomethane must commence.

(9) Subject to paragraphs (10) and (11), where—

(a) a plant in respect of which a tariff guarantee has been granted becomes accredited; or

(b) a producer of biomethane for injection in respect of which a tariff guarantee has been granted becomes registered,

the tariff applicable at the tariff start date is the initial tariff which would have applied in accordance with regulation 60 had the tariff start date been the date referred to in paragraph (6)(d) (the “guaranteed tariff”).

(10) Where in any 12 month period commencing with the tariff start date or the anniversary of the tariff start date—

(a) the heat produced by the accredited RHI installation and used for eligible purposes exceeds 250GWh; or

(b) the biomethane injected by a producer of biomethane exceeds 250GWh,

the guaranteed tariff will apply to the first 250GWh of such heat or biomethane only.

(11) In relation to tariff guarantee applications made before 17th July 2019, the guaranteed tariff does not apply where—

(a) the tariff start date in relation to an accredited RHI installation is earlier than the date given under paragraph (4)(b) or the tariff start date for a producer of biomethane for injection is earlier than the date given in accordance with paragraph (5)(a);

(b) the tariff guarantee has been revoked; or

(i) 183 or more days after the date given in accordance with paragraph (4)(b) or (5)(a); or

(ii) after 31st January 2020,

whichever is the earlier.

(11A) In relation to tariff guarantee applications made on or after 29th June 2020 and before 20th July 2020, the guaranteed tariff does not apply where—

(a) the tariff start date in relation to an accredited RHI installation is earlier than the date given under paragraph (4)(b) or the tariff start date for a producer of biomethane for injection is earlier than the date given in accordance with paragraph (5)(a);

(b) the tariff guarantee has been revoked; or

(i) 183 or more days after the date given in accordance with paragraph (4)(b) or (5)(a); or

(ii) after 31st January 2021,

whichever is the earlier.

(11B) In relation to tariff guarantee applications made on or after 17th July 2019 and before 29th June 2020 or on or after 20th July 2020, the guaranteed tariff does not apply where—

(a) the tariff start date in relation to an accredited RHI installation is earlier than the date given under paragraph (4)(b) or the tariff start date for a producer of biomethane for injection is earlier than the date given in accordance with paragraph (5)(a);

(b) the tariff guarantee has been revoked and a notice under paragraph (7) has not been reissued under paragraph (8A); or

(i) an accredited RHI installation in respect of which a notice under paragraph (7) has been reissued under paragraph (7B) or (8B) is after 31st March 2023;

(ii) a producer of biomethane for injection to whom a notice under paragraph (7) has been reissued under paragraph (7C) or (8C) is after 31st March 2023; or

(iii) any other accredited RHI installation or producer of biomethane for injection is after 31st March 2022.

(12) Where the Authority revokes a tariff guarantee, it must send a notice to the participant specifying—

(a) the reason for the revocation;

(b) details of the applicant's right of review.

(13) For the purposes of paragraph (8)(d)—

(a) the Authority may take into account such matters as are, in the Authority's opinion, relevant, including —

(i) the location of the plant or place where biomethane is injected;

(ii) the installation capacity of the plant or maximum initial capacity of biomethane; and

(iii) the source of energy and technology or design of the plant;

(b) a plant is materially different in a case where—

(i) the installation capacity is at least 10% greater or smaller than the installation capacity proposed under paragraph (4);

(ii) the installation capacity is such that a different tariff would apply.

(14) The Secretary of State—

(a) must determine and publish the budget allocation for tariff guarantees (the “budget allocation”) for each of the financial years 2018/2019, 2019/2020 , 2020/2021, 2021/2022 and 2022/2023;

(b) must publish—

(i) estimates of inflation for each of the relevant financial years;

(ii) load factors applicable for each relevant technology;

(iii) quarterly biomethane production factors;

(d) may, as a result of such a review, increase a budget allocation, provided that such increase may only take effect on 1st February, 1st May, 1st August or 1st November in a relevant financial year.

(e) may determine and publish that part of the budget allocation which will be allocated to a particular technology or group of technologies.

(15) The Authority must publish the following information on its website—

(a) current information in aggregate form as to—

(i) the number of tariff guarantee applications made;

(ii) the number of provisional tariff guarantee notices issued;

(iii) the number of tariff guarantee applications granted;

(iv) the sources of energy and technology and capacity of the plants in respect of which tariff guarantees have been granted; and

(b) the estimated total tariff guarantee commitment for each of the relevant financial years.

(16) The Authority must consider applications for a tariff guarantee in the order in which they are received by it, and must not—

(a) issue a provisional tariff guarantee notice where the estimated total tariff guarantee commitment for a relevant financial year would exceed the budget allocation for that year if the tariff guarantee were granted;

(b) issue a provisional tariff guarantee notice in respect of any subsequent application for consideration except where granting a tariff guarantee would not cause the budget allocation for a relevant financial year to be exceeded.

(17) Following an increase in budget allocation pursuant to paragraph (14)(d), or any decrease in the estimated total tariff guarantee commitment resulting from the withdrawal or rejection of a tariff guarantee application, the Authority must proceed to consider outstanding applications in the order in which they were received.

(18) In this regulation—

“estimated annual payment”, in relation to an application for a tariff guarantee, means—in the financial year in which the applicant expects the plant to be commissioned, or the injection of biomethane to commence (as the case may be)—$E × T × D Y ;$in any subsequent financial year—$E × T × I$where—D is the number of days in the financial year starting with the date on which the applicant expects the plant to be commissioned, or the injection of biomethane to commence (as the case may be);E is the estimated heat;I is the estimate of inflation for that financial year, published by the Secretary of State;T is the guaranteed tariff which will apply if the plant becomes accredited under regulation 30 or the producer of biomethane for injection becomes registered under regulation 32; andY is the number of days in the financial year;

“estimated heat”—in relation to a plant to which paragraph (3) applies, means—$C × L F × H$where—C is the expected installation capacity of the plant;H is the number of hours in the year; andLF is the heat load factor for the plant's technology, published by the Secretary of State;in relation to the production of biomethane for injection, means—$V × F × P$where—V is the maximum volume in cubic metres of eligible biomethane which the applicant can inject each year, based on data from the relevant connection agreement;F is 9.1 ; andP is the average of the quarterly biomethane production factors, published by the Secretary of State, for all applicable quarters of the relevant financial year, starting from the date on which the applicant expects the injection of biomethane to commence, expressed as a decimal and rounded to four decimal places;

“estimated total tariff guarantee commitment”, in relation to a relevant financial year, means the sum of the estimated annual payments for every application for a tariff guarantee—for which a provisional tariff guarantee notice has been issued; andwhich has not been withdrawn by the applicant or rejected by the Authority;

“financial close” means the date on which the applicant has entered into all financing agreements in relation to all the funding required for the construction of the proposed plant, or the production and injection of biomethane;

“financial year” means a 12 month period commencing on 1st April and ending with the following 31st March.

PART 4 — Ongoing obligations for participants

CHAPTER 1 — Ongoing obligations relating to the use of solid biomass to generate heat

Interpretation

36

In this Part—

“allocating authority” has the same meaning as in section 24(1) of the Waste and Emissions Trading Act 2003 ;

“landfill gas” means gas formed by the digestion of material in a landfill;

“municipal waste” has the same meaning as in section 21 of the Waste and Emissions Trading Act 2003 ;

“standby generation” means the generation of electricity by equipment which is not used frequently or regularly to generate electricity and where all the electricity generated by that equipment is used by the accredited RHI installation;

“waste collection authority” has the same meaning as in section 30(3) of the Environmental Protection Act 1990 ;

“waste disposal authority” has the same meaning as in section 30(2) of the Environmental Protection Act 1990 .

Participants using solid biomass contained in waste

37

(1) This regulation applies to a participant generating heat in an accredited RHI installation from solid biomass contained in waste.

(2) The proportion of solid biomass contained in the waste must be a minimum of 10%.

(3) For the purposes of paragraph (2)—

(a) the proportion of solid biomass contained in the waste is to be determined by the Authority for every quarterly period;

(b) it is for the participant to provide, in such form as the Authority may require, evidence to demonstrate to the Authority's satisfaction the proportion of the energy content of the waste used in any quarterly period which is composed of fossil fuel, to enable the Authority to determine the proportion of solid biomass in accordance with sub-paragraph (c);

(c) the proportion of solid biomass is the energy content of the waste used in any quarterly period to generate heat less the energy content of any fossil fuel of which that waste is in part composed, expressed as a percentage of the energy content of that waste.

(4) The participant may use fossil fuel (other than fossil fuel mentioned in paragraph (3)(c)) in an accredited RHI installation for the following permitted ancillary purposes only—

(a) cleansing other fuels from the accredited RHI installation's combustion system prior to using fossil fuel to heat the combustion system to its normal temperature;

(b) the heating of the accredited RHI installation's combustion system to its normal operating temperature or the maintenance of that temperature;

(d) emission control;

(e) in relation to accredited RHI installations which are CHP systems, standby generation or the testing of standby generation capacity.

(5) The energy content of the fossil fuel used during any quarterly period for the permitted ancillary purposes specified in paragraph (4) must not exceed 10% of the energy content of all the fuel used by that accredited RHI installation or where the installation is a CHP system, by a combustion unit which supplies energy to that installation from solid biomass contained in waste, to generate heat during that quarterly period.

(6) Without prejudice to paragraph (3)(b), when determining the proportion of solid biomass contained in waste, the Authority may have regard to any information (whether or not produced to it by the participant) if, in its opinion, that information indicates what proportion of the energy content of the waste is composed of fossil fuel.

(7) Where the participant produces to the Authority—

(a) data published by an allocating authority, a waste disposal authority or a waste collection authority, demonstrating that the proportion of municipal waste used by that participant which is composed of fossil fuel is unlikely to exceed 50%; and

(b) evidence that the municipal waste used has not been subject to any process before being used that is likely to have materially increased that proportion,

the Authority may accept this as sufficient evidence for the purposes of paragraph (3)(b) of the fact that the proportion of the municipal waste used which is composed of fossil fuel is no more than 50%.

(8) Where the Authority so requests, the participant must arrange for samples of the waste used (or to be used) in the accredited RHI installation, or of any gas or other substance produced as the result of the use of such waste, to be taken by a person (and analysed in a manner) specified by the Authority, and for the results of that analysis to be made available to the Authority in such form as the Authority may require.

Participants using solid biomass in accredited RHI installations with an installation capacity of 1MWth or above

38

(1) This regulation applies to a participant generating heat from solid biomass, not being solid biomass contained in waste, in an accredited RHI installation with an installation capacity of 1MWth or above.

(2) The participant may use solid biomass contaminated with fossil fuel only where the proportion of fossil fuel contamination does not exceed 10%.

(3) Such contaminated biomass may not be used unless the fossil fuel is present because—

(a) the solid biomass has been subject to a process, the undertaking of which has caused the fossil fuel to be present in, on or with the biomass even though that was not the object of the process; or

(b) the fossil fuel is waste and was not added to the solid biomass with a view to its being used as a fuel.

(4) For the purposes of paragraph (2)—

(a) the proportion of fossil fuel contamination is to be determined by the Authority for every quarterly period;

(b) it is for the participant to provide, in such form as the Authority may require, evidence to demonstrate to the Authority's satisfaction the proportion of fossil fuel contamination; and

(c) the proportion of fossil fuel contamination is the energy content of the fossil fuel with which the solid biomass used in any quarterly period is contaminated expressed as a percentage of the energy content of all solid biomass (contaminated or otherwise) used in that quarterly period to generate heat other than fossil fuel used in accordance with paragraphs (5) and (6).

(5) The participant may use fossil fuel (other than fossil fuel mentioned in paragraph (2)) in the accredited RHI installation for the following permitted ancillary purposes only—

(a) cleansing other fuels from the accredited RHI installation's combustion system prior to using fossil fuel to heat the combustion system to its normal temperature;

(b) the heating of the accredited RHI installation's combustion system to its normal operating temperature or the maintenance of that temperature;

(d) emission control;

(e) in relation to accredited RHI installations which are CHP systems, standby generation or the testing of standby generation capacity.

(6) The energy content of the fossil fuel used during a quarterly period for the permitted ancillary purposes specified in paragraph (5) must not exceed 10% of the energy content of all the fuel used by that accredited RHI installation or where the installation is a CHP system, by a combustion unit which supplies energy to that installation from solid biomass, to generate heat during that quarterly period.

(7) Without prejudice to paragraph (4)(b), in determining the proportion of solid biomass composed of fossil fuel the Authority may have regard to any information (whether or not produced to it by the participant) if, in its opinion, that information indicates what proportion of the contaminated solid biomass is composed of fossil fuel.

(8) Where the Authority so requests, the participant must arrange for samples of the fuel used (or to be used) in the accredited RHI installation, or of any gas or other substance produced as the result of the use of such fuel, to be taken by a person (and analysed in a manner) specified by the Authority, and for the results of that analysis to be made available to the Authority in such form as the Authority may require.

Participants using solid biomass in accredited RHI installations with an installation capacity of 45kWth and above but below 1MWth

39

(1) This regulation applies to a participant generating heat from solid biomass, not being solid biomass contained in waste, in an accredited RHI installation with an installation capacity of 45kWth and above but below 1MWth.

(2) The participant may use solid biomass contaminated with fossil fuel provided the participant complies with paragraphs (2), (3), (5) and (6) of regulation 38 as well as the requirements of this regulation.

(3) Where solid biomass contaminated with fossil fuel is used in an accredited RHI installation, the participant must keep and provide upon request written evidence including invoices, receipts and such other documentation as the Authority may specify relating to fuel use and fossil fuel used for the permitted ancillary purposes specified in regulation 38(5) and provide this information upon request to the Authority, in such form as the Authority may require, to demonstrate compliance with this regulation.

(4) Without prejudice to paragraph (3), the Authority may have regard to any information (whether or not produced to it by the participant) if, in its opinion, that information indicates what proportion of the contaminated solid biomass is composed of fossil fuel.

(5) Where—

(a) the Authority is not satisfied that the proportion of fossil fuel contamination (within the meaning of regulation 38(4)(c)) does not exceed 10%; or

(b) the Authority is not satisfied as to the matters specified in paragraphs (5) and (6) of regulation 38,

the Authority may require the participant to arrange for samples of the fuel used (or to be used) in the accredited RHI installation, or of any gas or other substance produced as the result of the use of such fuel, to be taken by a person (and analysed in a manner) specified by the Authority, and for the results of that analysis to be made available to the Authority in such form as the Authority may require.

CHAPTER 2 — Ongoing obligations relating to the use of biogas to generate heat and the production of biomethane for injection

Biogas produced from gasification or pyrolysis

40

(1) This regulation applies to a participant producing biogas using gasification or pyrolysis and generating heat from that biogas in an accredited RHI installation.

(2) The participant may only use solid biomass or waste as feedstock to produce the biogas.

(3) Where the participant uses waste as feedstock—

(a) paragraphs (2), (3), (6) and (7) of regulation 37 apply to the proportion of solid biomass contained in the waste used for feedstock in the same way as for the proportion of solid biomass contained in waste used to generate heat; and

(b) paragraphs (4) and (5) of regulation 37 apply.

(4) Where the participant uses solid biomass (not being solid biomass contained in waste) as feedstock—

(a) paragraphs (2), (3), (4) and (7) of regulation 38 apply to the contamination of solid biomass used for feedstock in the same way as for solid biomass contaminated with fossil fuel used to generate heat; and

(b) paragraphs (5) and (6) of regulation 38 apply.

(5) Where the Authority so requests, the participant must arrange for samples of the waste or solid biomass used (or to be used) as feedstock in the biogas production plant, or of any gas or other substance produced as a result of the use of such waste or solid biomass, to be taken by a person (and analysed in a manner) specified by the Authority, and for the results of that analysis to be made available to the Authority in such form as the Authority may require.

Participants generating heat from biogas

41

(1) This regulation applies to a participant generating heat from biogas in an accredited RHI installation to whom regulation 40 does not apply.

(2) Subject to regulation 74, a participant using biogas produced by anaerobic digestion may only use biogas which—

(a) is or was produced from one or more of the following feedstocks—

(i) solid biomass;

(ii) solid waste;

(iii) liquid waste; and

(b) is not landfill gas.

(3) The participant may use fossil fuel (not being feedstock derived from fossil fuel) in the accredited RHI installation only in accordance with paragraphs (5) and (6) of regulation 38.

(4) The participant may use feedstock derived from fossil fuel in the accredited RHI installation only in accordance with regulation 40A.

Biomethane producers

42

(1) This regulation applies to a participant producing biomethane for injection.

(2) A participant producing biomethane for injection from biogas made by gasification or pyrolysis may only use biogas made using solid biomass or waste as feedstock.

(3) Where waste is used as feedstock, paragraphs (2) and (3)(c) of regulation 37 apply to the proportion of solid biomass contained in waste used as feedstock in the same way as for the proportion of solid biomass contained in waste used to generate heat.

(4) Where solid biomass is used as feedstock, paragraphs (2), (3), and (4)(c) of regulation 38 apply to the contamination of solid biomass used for feedstock in the same way as for solid biomass contaminated with fossil fuel used by participants to generate heat.

(5) A participant producing biomethane for injection from biogas made by anaerobic digestion must comply with regulation 41(2).

(6) The participant must provide measurements in such format as the Authority may request which satisfy the Authority of all of the following—

(a) the gross calorific value and volume of biomethane injected;

(b) the gross calorific value and volume of any propane contained in the biomethane;

(d) the kWhth of heat supplied to the biogas production plant (other than heat contained in feedstock to produce biogas by anaerobic digestion) which made the biogas used in any quarterly period to produce biomethane for injection;

(e) any heat supplied to the biomethane production process.

(7) The participant must keep, and provide to the Authority upon request, copies or details of agreements with third parties with whom the participant contracts to carry out any of the processes undertaken to turn the biogas into biomethane and to arrange for its injection.

(8) The participant must keep and provide upon request written evidence including invoices, receipts, contracts and such other information as the Authority may specify in relation to biogas purchased and feedstock used in the production of the biogas used to produce biomethane.

CHAPTER 3 — Ongoing obligations relating to other matters

Ongoing obligations: general

43

Participants must comply with the following ongoing obligations, as applicable—

(a) they must keep and provide upon request by the Authority records of type of fuel used and fuel purchased for the duration of their participation in the Scheme;

(b) where they have used solid biomass which was an approved sustainable fuel at the time when it was received by the participant or in respect of which the Secretary of State had made a declaration under regulation 51(5), they must keep and provide upon request by the Authority the authorisation number or other means of identification allocated to that fuel by the scheme under which that fuel is listed;

(c) they must keep and provide upon request by the Authority written records of fossil fuel used for the permitted ancillary purposes specified in Chapters 1 and 2;

(d) they must submit an annual declaration as requested by the Authority confirming, as appropriate, that they are using their accredited RHI installations in accordance with the eligibility criteria and are complying with the relevant ongoing obligations;

(e) they must notify the Authority if any of the information provided in support of their application for accreditation or registration was incorrect;

(f) they must ensure that their accredited RHI installation continues to meet the eligibility criteria;

(g) they must comply with any condition attached to their accreditation or registration;

(h) they must keep their accredited RHI installation maintained to the Authority's satisfaction and keep evidence of this including service and maintenance documents;

(i) participants combusting biogas must not deliver heat by air from their accredited RHI installation to the biogas production plant producing the biogas used for combustion;

(j) they must allow the Authority or its authorised agent reasonable access in accordance with regulation 85;

(k) participants generating heat from solid biomass or solid biomass contained in waste must comply with the regulation specified by the Authority in accordance with regulation 30(9)(e);

(l) they must notify the Authority within 28 days where they have ceased to comply with an ongoing obligation or have become aware that they will not be able so to comply, or where there has been any change in circumstances which may affect their eligibility to receive periodic support payments;

(m) they must notify the Authority within 28 days of the addition or removal of a plant supplying heat to a heating system of which their accredited RHI installation forms part;

(n) they must notify the Authority within 28 days of a change in ownership of all or part of their accredited RHI installation;

(o) they must repay any overpayment in accordance with any notice served under regulation 83;

(p) they must, if requested—

(i) provide evidence that the heat for which periodic support payments are made is used for an eligible purpose, or

(ii) where there is heat delivered to a biogas combustion plant, provide evidence to enable the Authority to determine whether the proportion of heat delivered has been correctly calculated;

(q) they must not generate heat for the purpose of increasing their periodic support payments;

(r) where a heat loss calculation is used, they must notify the Authority within 28 days where there are any changes in circumstances which may affect the basis of that calculation;

(s) they must notify the Authority within 28 days where the accredited RHI installation is moved to a new location;

(t) they must comply with such other administrative requirements that the Authority may specify in relation to the effective administration of the Scheme;

(u) participants generating heat and power in a CHP system to which regulation 13 applies, must notify the Authority within 28 days where CHPQA certification ceases to apply;

(v) where heat is generated in a combustion unit which forms part of a CHP system and in respect of which periodic support payments are made, participants must—

(i) except for solid biomass contaminated with fossil fuel, use only one source of energy in that combustion unit; and

(ii) keep and provide upon request to the Authority records of the fuel used in every combustion unit which forms part of that CHP system;

(w) participants generating heat using a ground source heat pump for which an application for accreditation is made on or after 28th May 2014 and which is capable of heating and cooling, must keep and provide upon request to the Authority, details of the calculation of the design heat load;

(x) participants to whom regulation 32(12) applies, must ensure that any necessary planning permission continues to be complied with in respect of the processes by which the biogas which is used to produce the biomethane is produced, the biogas is converted into biomethane, and the biomethane is injected;

(xa) where regulation 32(12A) applied to their application for registration, participants must ensure that any necessary environmental permits and local and national laws including those relating to the protection of the environment continue to be complied with in respect of the processes by which the biogas which is used to produce the biomethane is produced, the biogas is converted into biomethane, and the biomethane is injected;

(y) where regulation 74 applies, the participant must comply with the following obligations in relation to each payment year (within the meaning of regulation 74)—

(i) the participant must provide a declaration to the Authority following the end of each payment year stating the proportion of the total biogas yield for that payment year which is not derived from waste or residue; and

(ii) in the case of a producer of biomethane for injection or an accredited RHI installation with an installation capacity of 1MWth or above which generates heat from biogas, the annual report submitted by the participant in accordance with regulation 50 must confirm whether the figure provided by the participant under sub-paragraph (i) is correct, together with supporting evidence to show how it is calculated.

(z) they must notify the Authority within 28 days of the installation of a replacement plant; and

(z1) they must ensure that any necessary environmental permits, and local and national laws including those relating to the protection of the environment, continue to be complied with by the plant.

Ongoing obligations: emissions from biomass

44

Participants generating heat from solid biomass in an accredited RHI installation in respect of which an RHI emission certificate is required must—

(a) use fuel of a type specified in the RHI emission certificate;

(b) use fuel with a moisture content which is no greater than the maximum moisture content specified in the RHI emission certificate; and

(c) operate the accredited RHI installation in accordance with the manufacturer's instructions for that plant in relation to the control of emissions of PM and NOₓ.

Ongoing obligations in relation to metering

45

(1) Participants must keep all meters and steam measuring equipment required to be used in accordance with these Regulations—

(a) continuously operating;

(b) properly maintained and periodically checked for errors;

(c) re-calibrated every 10 years or within such period of time as may be specified in accordance with manufacturers' instructions where available, whichever is the sooner; and

(d) located in accordance with any conditions attached to the accreditation of the plant,

and must retain evidence of this, including service and maintenance invoices, receipts or certificates for the duration of their participation in the Scheme.

(2) The Authority may, by the date (if any) specified by it, or at such regular intervals as it may require to enable it to carry out its functions under these Regulations or to gather data to assess the performance of technologies in the Scheme, require participants to provide the following information—

(a) meter readings and other data collected in accordance with these Regulations from all steam measuring equipment, class 2 heat meters, and any other meters used in accordance with these Regulations in such format as the Authority may reasonably require;

(b) in relation to participants using steam measuring equipment, a kWhth figure of both the heat generated and the heat used for eligible purposes together with supporting data and calculations; and

(3) Participants using heat pumps to provide both heating and cooling must ensure that their meters for those pumps enable them to—

(a) measure heat used for eligible purposes only; and

(b) where appropriate, measure (in order to discount) any cooling generated by the reverse operation of the heat pump,

and must provide upon request an explanation of how their metering arrangements have enabled the cooling in sub-paragraph (b) to be discounted.

(4) Subject to paragraph (4A), the data referred to in paragraph (2)(a) and (b) may be estimated in exceptional circumstances if the Authority has agreed in writing to an estimate being provided and to the way in which those estimates are to be calculated.

(4A) On or after 1st October 2018, estimated data may only be used in accordance with paragraph (4)—

(a) in a maximum of eight quarterly periods in relation to each installation; and

(b) where it would not lead to periodic support payments already made being revised.

(5) Nothing in this regulation prevents the Authority from accepting further data from a participant, if the Authority considers it appropriate to do so.

Ongoing obligations in relation to the provision of information

46

(1) A participant must provide to the Authority on request any information which the participant holds and which the Authority requires in order to discharge its functions under these Regulations.

(2) A participant must retain a copy of—

(a) any information relied on when making any application for accreditation or registration or, if the participant did not make that application, given to the participant by the person who made the application; and

(b) any other evidence which verifies that the accreditation or registration meets the eligibility criteria and that the participant is continuing to comply with the ongoing obligations.

(3) Information requested under paragraph (1) must be provided within 7 days of the request or such later date as the Authority may specify.

(4) Information provided to the Authority under these Regulations must be—

(a) accurate to the best of the participant's knowledge and belief; and

(b) provided in such manner and form as the Authority may reasonably request.

(5) The costs of providing information under these Regulations are to be borne by the participant.

PART 5 — Sustainable solid biomass, biogas or biomethane

Interpretation

47

In this Part—

“fuel quality criteria” means the criteria for woodfuel quality specified in Schedule 4A in relation to solid biomass which is wood;

“greenhouse gas criteria” means the criteria set out in Schedule 3;

“land criteria”, except in regulation 48(3)(a), means—the criteria set out in Part 2 of Schedule 4 in relation to solid biomass which is wood or wholly derived from wood, except energy crops; orthe criteria set out in Part 3 of Schedule 4 in relation to other solid biomass including energy crops;

“permitted location” means a place—in respect of which the participant has a right to harvest the solid biomass; andwhich is no more than 50 miles from the plant in which the solid biomass is used;

“self-supplied” means—obtained by or on behalf of the participant from a permitted location; orwaste wood which is obtained by or on behalf of the participant from the place where it first becomes waste;

“sustainable biogas” means—biogas which—meets the greenhouse gas criteria; andis made wholly from feedstock which is solid biomass which meets the land criteria;biogas which is made wholly from feedstock which is waste;biogas which consists of a combination of any of the biogas listed in paragraphs (a) and (b);

“sustainable biomethane” means biomethane which, save for ingredients which are added as part of the biomethane production process—is made wholly from feedstock which is waste;meets the greenhouse gas criteria and is made wholly from feedstock which is solid biomass which meets the land criteria; orconsists of a combination of any of the biomethane listed in paragraphs (a) and (b);

“sustainable solid biomass” means—solid biomass which meets the greenhouse gas criteria , the land criteria and the fuel quality criteria;solid biomass which is—self-supplied;used in an accredited RHI installation with an installation capacity of less than 1MWth; andeither—an approved sustainable fuel; ora fuel in respect of which the Secretary of State has made a declaration under regulation 51(5);solid biomass which is waste, or is wholly derived from waste;solid biomass which consists of a combination of any of the solid biomass listed in paragraphs (a) to (c).

Ongoing obligation to use sustainable solid biomass or biogas or to produce sustainable biomethane

48

(1) A participant who generates heat or heat and power from solid biomass or biogas in an accredited RHI installation must use only sustainable solid biomass or sustainable biogas.

(2) A participant who produces biomethane for injection must produce for injection only sustainable biomethane.

(3) Paragraph (1) is deemed to be complied with in respect of—

(a) any biogas or solid biomass used in an accredited RHI installation—

(i) which is a generating station which is accredited under the Renewables Obligation Order 2015 or the Renewables Obligation (Scotland) Order 2009 ;

(ii) where the capacity of that generating station is 1MW or above; and

(iii) where—

(aa) in the case of biogas or solid biomass used in a generating station in Scotland, the biogas or solid biomass meets the greenhouse gas emission criteria in paragraph 2 of Part 1 of Schedule A1A to the Renewables Obligation (Scotland) Order 2009 and the applicable land criteria in Schedule A2 to that Order; or

(bb) in the case of biogas or solid biomass used in a generating station in England or Wales, the biogas or solid biomass meets the greenhouse gas criteria in paragraph 2 of Part 1 of Schedule 2 to the Renewables Obligation Order 2015 and the applicable land criteria in Schedule 3 to that Order; or

(b) any solid biomass used in an accredited RHI installation to generate heat (but not heat and power) which—

(i) at the time when it is received by the participant, is an approved sustainable fuel; or

(ii) is a fuel in respect of which the Secretary of State has made a declaration under regulation 51(5).

Ongoing obligation to provide information to the Authority in relation to the use of sustainable solid biomass etc

49

(1) This regulation applies to a participant who—

(a) generates heat or heat and power from solid biomass or biogas in an accredited RHI installation; or

(b) produces biomethane for injection.

(2) A participant to whom this regulation applies must—

(a) in relation to each consignment of solid biomass used to generate heat (but not heat and power), provide the Authority with a declaration in accordance with paragraph (3);

(b) in relation to each consignment of solid biomass (except solid biomass to which regulation 48(3)(a) or (b) applies) or biogas used or biomethane produced, provide the Authority with a declaration in accordance with paragraphs (4) and (5);

(3) In respect of solid biomass used to generate heat (but not heat and power) a declaration must state—

(a) whether or not that solid biomass was—

(i) an approved sustainable fuel; or

(ii) a fuel in respect of which the Secretary of State has made a declaration under regulation 51(5); and

(b) where sub-paragraph (a)(i) or (ii) applies, the authorisation number or other means of identification allocated to that fuel by the scheme under which that fuel was listed.

(4) A declaration must state whether or not—

(a) solid biomass used was waste or wholly derived from waste;

(b) biogas used or biomethane produced was made from feedstock which was waste;

(d) solid biomass used met the land criteria; ...

(da) on or after 1st April 2022, solid biomass used met the fuel quality criteria; or

(e) biogas used or biomethane produced was made from feedstock which was solid biomass which met the land criteria.

(5) Where a participant declares in accordance with paragraph (4)(c) that solid biomass, biogas or biomethane met the greenhouse gas criteria, the declaration must specify the lifecycle greenhouse gas emissions for that solid biomass, biogas or biomethane calculated in accordance with paragraph 2 of Schedule 3.

(6) Except where the Authority specifies otherwise, participants must provide declarations and information in accordance with this regulation in respect of the solid biomass or biogas used or biomethane produced in every quarterly period, within 28 days of the end of each such period.

(7) Where in a quarterly period a participant—

(a) uses solid biomass (except solid biomass to which regulation 48(3)(a) or (b) applies) to generate heat or heat and power in an accredited RHI installation with an installation capacity of 1MWth or above; or

(b) produces biomethane for injection,

the participant must provide the information in Schedule 5 in relation to that solid biomass.

(8) In addition to the declarations in accordance with paragraphs (3) to (5) and information in accordance with paragraph (7), the Authority may from time to time require such further declarations or information from a participant in relation to sustainable solid biomass, biogas or biomethane as it thinks fit.

Ongoing obligation to submit sustainability audit reports

50

(1) Subject to paragraph (3), a participant to whom regulation 49 applies must submit a report which is prepared in accordance with the requirements in paragraph (4).

(2) In this regulation, “sustainability information” means the information provided pursuant to regulation 49(4) and (5).

(3) No report is required in relation to—

(a) any biogas or solid biomass in respect of which regulation 48(1) is deemed to be complied with by virtue of regulation 48(3)(a);

(b) any solid biomass or biogas used to generate heat in an accredited RHI installation with a capacity less than 1MWth;

(i) at the time it was received by the participant, was an approved sustainable fuel; or

(ii) in respect of which a declaration has been made under regulation 51(5).

(4) The requirements in this paragraph are that the report must—

(a) be prepared by a person who is not—

(i) the participant; or

(ii) a connected person;

(b) be prepared in accordance with the International Standard on Assurance Engagements 3000 (Revised): Assurance engagements other than audits or reviews of historical financial information dated 9th December 2013 , a subsequent version of that standard or an equivalent standard;

(c) state whether anything has come to the attention of the person preparing the report to indicate that the sustainability information is not accurate; and

(d) consider, in relation to each consignment of solid biomass or biogas used to generate heat or heat and power, or biomethane produced for injection—

(i) whether the systems used to produce the sustainability information are likely to produce information which is reasonably accurate and reliable;

(ii) whether there are controls in place to help protect the sustainability information against material misstatements due to fraud or error;

(iii) the frequency and methodology of any sampling carried out for the purpose of obtaining or checking the data on which the participant relied in preparing the sustainability information; and

(iv) the robustness of the data on which the participant relied in preparing the sustainability information.

(5) Subject to paragraph (6), participants must submit reports under this regulation annually and within 3 months after—

(a) each anniversary of the tariff start date; or

(b) in the case of participants who are registered as producers of biomethane for injection, each anniversary of the date on which that participant was first registered as a producer of that biomethane.

(6) The report must consider and report on each consignment of solid biomass or biogas used, or biomethane produced, within the 12 month period preceding—

(a) each anniversary of the tariff start date; or

(b) in the case of participants who are registered as producers of biomethane for injection, each anniversary of the date on which that participant was first registered as a producer of that biomethane.

Schemes for listing approved sustainable fuels

51

(1) Where the Secretary of State is satisfied that a scheme complies with the requirements in paragraph (2), the Secretary of State may approve that scheme for the purpose of these Regulations.

(2) The requirements in this paragraph are that appropriate procedures have been adopted to ensure that the person administering the scheme (“the scheme administrator”)—

(a) establishes and maintains an accurate and up to date list of fuels which—

(i) are solid biomass;

(ii) comply with the requirements in paragraph (3) or (4); and

(iii) are available to be supplied to participants;

(b) includes on the list all those fuels in respect of which—

(i) an application has been made to the scheme administrator for that fuel to be included in the list; and

(ii) the supplier is able to demonstrate compliance with the requirements in paragraph (3) or (4);

(d) ensures that application procedures are clear, proportionate and accessible to suppliers;

(e) ensures that each fuel which is included in the list is allocated an authorisation number or other means of identification which is specific to that fuel;

(f) requires suppliers of listed fuels to—

(i) store listed fuel separately from other fuels supplied by them which are not so listed; and

(ii) provide documentary evidence of the authorisation number or other means of identification when supplying an approved sustainable fuel;

(g) carries out reasonable checks to ensure that fuels which are listed continue to comply with the requirements in sub-paragraph (f) and paragraph (3) or (4);

(h) takes reasonable steps to identify and remove from the list—

(i) any fuel which no longer complies with the requirements in paragraph (3) or (4); or

(ii) any fuel which has ceased (other than temporarily) to be available;

(i) where appropriate, removes from the list those fuels which are supplied by a supplier who breaches the requirements of the scheme; and

(j) deals with complaints by suppliers in relation to the operation of the scheme in a fair and transparent manner.

(3) The requirements in this paragraph are—

(a) that the fuel would, if used in a plant with an efficiency of at least 0.7, meet the greenhouse gas criteria;

(b) that any fuel which is included in the list on or after 6th July 2015 meets the land criteria;

(4) The requirements in this paragraph are that the fuel—

(a) is, or is wholly derived from waste; or

(b) is self-supplied for use in a plant with an installation capacity of less than 1MWth.

(5) Where the Secretary of State approves a scheme under paragraph (1), the Secretary of State may declare that any fuel—

(a) listed under that scheme before the date on which the scheme is approved; and

(b) received by a participant before that date,

is deemed to meet the requirement in paragraph (3)(a) and the land criteria.

(6) Where the Secretary of State is no longer satisfied that an approved scheme complies with the requirements in paragraph (2), the Secretary of State may by notice to the scheme administrator, revoke approval of the scheme with effect from the date specified in the notice.

(7) Where approval is revoked in accordance with paragraph (6), any fuel listed under the scheme which has been supplied to a final consumer before the date on which the approval is revoked is treated as sustainable for the purposes of these Regulations.

(8) In this regulation “efficiency”, in relation to a plant, means—

$$H F$where—where—H is the heat produced by the plant in the form of liquid or steam, andF is the energy content of all the fuels used by the plant.$

PART 6 — Changes affecting accredited RHI installations and registered producers

Review of accreditation or registration following notification of a change in circumstances

52

(1) This regulation applies where—

(a) the Authority receives a notification under regulation 43; and

(b) regulations 52A, 54, 54A,, 55 and 55A do not apply.

(2) On receipt of the notification, the Authority may—

(a) require the participant to provide such information as the Authority considers necessary to enable the Authority to consider whether a review should be carried out in accordance with this regulation and, if appropriate, to carry out such a review; and

(b) either—

(i) review the accreditation of the accredited RHI installation to which the notification relates to ensure that it continues to meet the eligibility criteria; or

(ii) review the registration of the registered biomethane producer to which the notification relates to ensure that the producer continues to meet the requirements under these Regulations.

(3) No periodic support payment may be made from the date on which the Authority receives the notification until—

(a) the Authority has notified the participant that—

(i) it is satisfied that it is not necessary to review the accreditation of the installation or registration of the biomethane producer;

(ii) it has carried out a review and is satisfied that the installation may continue to be an accredited RHI installation or the biomethane producer may continue to be registered; or

(b) where regulation 53(1)(a) or (b) applies, the Authority has notified the participant that it is satisfied that the metering requirements in regulation 24 have been met.

(4) Where the Authority is satisfied in accordance with paragraph (3) it must resume payment of periodic support payments in accordance with these Regulations and pay to the participant any periodic support payments withheld in accordance with paragraph (3).

Change in circumstances for shared ground loop systems

53

(1) The heat generated by a ground source heat pump must be metered in accordance with regulation 24 in any case where, following a review under regulation 52 or an investigation under Part 9 in respect of a shared ground loop system, the Authority considers that—

(a) one of the conditions set out in regulation 24(2) applies to a ground source heat pump which forms part of the shared ground loop system and in respect of which the heat generated has not been metered in accordance with regulation 24; or

(b) the property to which the ground source heat pump provides heat was occupied for less than 183 days in any 12 month period ending with the anniversary of the accredited RHI installation's tariff start date.

(2) When payments are resumed in accordance with regulation 52(4), such payments must be calculated in accordance with regulation 70(3).

Changes in ownership

54

(1) This regulation applies where ownership of all or part of an accredited RHI installation is transferred from one person to another person (“new owner”).

(2) No periodic support payment may be made to a new owner until—

(a) that owner has notified the Authority of the change in ownership; and

(b) the steps set out in paragraph (4) have been completed.

(3) On receipt of a notification under paragraph (2), the Authority—

(a) may require the new owner to provide such information as the Authority considers necessary for the proper administration of the Scheme;

(b) may review the accreditation of the accredited RHI installation to ensure that it continues to meet the eligibility criteria and should remain an accredited RHI installation.

(4) Where the Authority has received notification under paragraph (2)(a), such information as has been required under paragraph (3)(a), if any, and, where a review has been carried out, is satisfied as to the matters specified in paragraph (3)(b), it must—

(a) update the central register referred to in regulation 30(9)(c);

(b) where the new owner is to become the participant, send the new owner a statement of eligibility setting out the information specified in regulation 30(9)(f); and

(c) where applicable, send the new owner (if the new owner is to become the participant) a notice in accordance with regulation 30(9)(e).

(5) If the Authority becomes aware of the transfer of ownership of an accredited RHI installation and, within a period of 12 months commencing with the date of the transfer of ownership taking effect—

(a) no notification is made in accordance with paragraph (2)(a); or

(b) any information required under paragraph (3)(a) is not provided to the Authority,

the installation will on the expiry of that period cease to be accredited and accordingly no further periodic support payments may be made in respect of the heat it generates.

(6) The period specified in paragraph (5) may be extended by the Authority where the Authority considers it is just and equitable to do so.

(7) Subject to paragraph (8), if the steps required under paragraph (4) are completed, the new owner of an accredited RHI installation must be paid periodic support payments calculated from the date of the notification under paragraph (2)(a) for the remainder of the tariff lifetime of that accredited RHI installation in accordance with these Regulations.

(8) Where a transfer of ownership of all or part of an accredited RHI installation takes place and results in that accredited RHI installation being owned by more than one person, the Authority may require that only one of those owners is the participant for the purposes of the Scheme and require that owner to comply with sub-paragraphs (b) and (c) of regulation 30(3).

Changes in location of accredited RHI installations

55

(1) This regulation applies where an accredited RHI installation is moved to a new location.

(2) No periodic support payment is payable in respect of the accredited RHI installation after the date on which it is moved to a new location until—

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

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

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

(a) may require the owner to provide such information as the Authority considers necessary for the proper administration of the Scheme; and

(b) must review the accreditation of the accredited RHI installation to determine whether it continues to meet the eligibility criteria in the new location (except the requirement in regulation 16(1)(b)) and accordingly whether it should continue to be accredited.

(4) Where the Authority concludes that the accredited RHI installation should continue to be accredited it must update the central register referred to in regulation 30(9)(c) if appropriate.

(5) Where the Authority 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 are payable in accordance with these Regulations.

PART 7 — Periodic support payments

Interpretation

56

In this Part—

“assessment date” means 31st January, 30th April, 31st July or 31st October in any year;

“average load factor”—in respect of a relevant installation which is a large biomass plant, means—if the relevant installation uses or is expected to use heat for the same category of eligible purposes as 10 or more relevant installations which are large biomass plants in respect of which periodic support payments have been received, the average of the load factors of all such installations; orif the relevant installation does not use or is not expected to use heat for the same category of eligible purposes as 10 or more relevant installations which are large biomass plants in respect of which periodic support payments have been received, the average of the load factors of all relevant installations which are large biomass plants in respect of which periodic support payments have been received;in respect of a relevant installation, except a relevant installation within paragraph (a), which falls or is expected to fall within a tariff category which fewer than 20 accredited RHI installations in respect of which periodic support payments have been received fall within, means the average of the load factors of all accredited RHI installations;in respect of a relevant installation, except a relevant installation within paragraph (a), which falls or is expected to fall within a tariff category which 20 or more accredited RHI installations in respect of which periodic support payments have been received fall within (“sister installations”) means—if the relevant installation uses or is expected to use heat for the same category of eligible purposes as 20 or more of the sister installations (“twin installations”), the average of the load factors of all the twin installations;if the relevant installation does not use or is not expected to use heat for the same category of eligible purposes as 20 or more of the sister installations, the average of the load factors of all sister installations;

“category of eligible purposes” means any one of the following—heating a space;heating water;heating a space and water;any other eligible purpose or combination of eligible purposes;

“estimated additional biomethane spend” in relation to an assessment date and any additional biomethane registered on a particular date in respect of which a relevant producer has received a periodic support payment means—$A × B × C$where—A is the flow rate for additional biomethane registered on that particular date;B is the number of hours in the 12 month period commencing with the assessment date; andC is the initial tariff or subsequent tariff for the additional biomethane;

“estimated energy from biomethane”, in relation to an assessment date and a relevant producer as expressed in kWh means—$FR × T × 10 × P$where—FR is the estimated flow rate;T is—if the relevant producer is a participant, has made an application for registration or is a proposed producer of biomethane for injection in relation to which there is a pending tariff guarantee, the number of hours in the 12 month period commencing with the assessment date;where sub-paragraph (i) does not apply but an application for preliminary registration has been made by the relevant producer, the number of hours in the period—commencing on the later of the assessment date or the date identified by the applicant as the date on which injection is expected to commence; andending 12 months after the assessment date; andP is the proportion of biomethane which is calculated as follows —$E B$where—E is the amount of eligible biomethane in kWh injected by all producers of biomethane who have been registered and in relation to which periodic support payments have been received; andB is the amount of all biomethane in kWh injected by such producers in the quarterly periods for which periodic support payments have been received;

“estimated flow rate”, in relation to an assessment date and a relevant producer, means—$B H$where—B is the volume in cubic metres of biomethane that the relevant producer has declared as being the amount which that relevant producer expects will be produced for injection each year once injection has commenced (or if more than one declaration has been given, the volume identified in the latest declaration) or 0 if no such declaration has been given; andH is the total number of hours in the 12 month period commencing with the assessment date;

“estimated heat”, in relation to an assessment date and a relevant installation as expressed in kWhth means—$LF × T × C$where—LF is—if a periodic support payment has been received in respect of the installation, the load factor; orin any other case, the average load factor applicable in respect of that installation;T is —if the relevant installation is an accredited RHI installation, an eligible installation for which an application for accreditation has been made, or a plant in respect of which there is a pending tariff guarantee, the number of hours in 12 month period commencing with the assessment date;where paragraph (i) does not apply but the relevant installation is a plant for which an application for preliminary accreditation has been made, the number of hours in the period—commencing on the later of the assessment date or the date identified by the applicant as the date the plant is expected to be commissioned; andending 12 months after the assessment date;C is the installation capacity of that relevant installation;

“estimated original biomethane spend” in relation to an assessment date and any original biomethane in respect of which a relevant producer has received a periodic support payment means—$A × B × C$where—A is the flow rate for original biomethane;B is the number of hours in the 12 month period commencing with the assessment date; andC is the relevant initial tariff or subsequent tariff calculated in accordance with regulation 59;

“estimated residual energy from biomethane” in relation to a proposed producer of biomethane for injection in respect of which there is a pending tariff guarantee, means—$B × M Y$where—B means estimated energy from biomethane in excess of 250GWh;M means the number of hours in the period commencing on the later of the assessment date or the date identified by the applicant as the date on which injection is expected to commence, and ending 12 months after the assessment date; andY means the number of hours in the 12 month period commencing with the assessment date.

“estimated spend” in relation to an assessment date and—a relevant installation (except a relevant installation to which paragraph (b) applies), means the estimated heat in relation to that installation multiplied by the initial tariff or subsequent tariff;a relevant installation which is a large installation in respect of which no periodic support payment has been received and for which the owner has given a declaration as to the total heat in kWhth which that installation is expected to generate each year for eligible purposes (or if more than one declaration has been given, the total heat identified in the latest declaration), means—where the relevant installation is a plant for which an application for preliminary accreditation has been made (but sub-paragraphs (ii) and (iii) do not apply)—$( A × B C ) × D$where—A is the total heat identified in the applicant's declaration;B is the number of hours in the period—commencing on the later of the assessment date or the date identified by the applicant as the date the plant is expected to be commissioned; andending 12 months after the assessment date;C means the number of hours in the 12 month period commencing with the assessment date; andD is the initial tariff or subsequent tariff;where the relevant installation is a plant for which an application for accreditation has been made (but sub-paragraphs (i) and (iii) do not apply), the total heat in the applicant's declaration multiplied by the initial tariff or subsequent tariff; orwhere there is a pending tariff guarantee in relation to a plant (but sub-paragraphs (i) and (ii) do not apply)—the total heat up to 250GWh multiplied by the initial tariff or subsequent tariff applicable to that heat; andin respect of any further heat—$( A × B C ) × D$where—A is that further heat;B is the number of hours in the period—commencing on the later of the assessment date or the date identified by the applicant as the date the plant is expected to be commissioned; andending 12 months after the assessment date;C is the number of hours in the 12 month period commencing with the assessment date; andD is the initial tariff or subsequent tariff applicable to that further heat;a relevant producer who has not received a periodic support payment or has received three or fewer periodic support payments, means—except where paragraph (ii) applies, the estimated energy from biomethane in relation to that relevant producer multiplied by the initial tariff or subsequent tariff; orin relation to a proposed producer of biomethane in respect of which there is a pending tariff guarantee—biomethane up to 250GWh multiplied by the initial tariff or subsequent tariff applicable to that energy; andthe estimated residual energy from biomethane, if any, multiplied by the initial tariff or subsequent tariff in relation to that energy; ora relevant producer who has received four or more periodic support payments, means the sum of the estimated original biomethane spend and any estimated additional biomethane spend;

“financial year” means a 12 month period commencing on 1st April and ending with the following 31st March;

“flow rate”, in relation to biomethane, means—$B H$where—B is the amount of eligible biomethane in kWh for which periodic support payments have been received commencing with the third periodic support payment; andH is the total number of hours in the period commencing with the first day of the first quarterly period in which that biomethane was injected and ending with the last day of the last quarterly period in which that biomethane was injected;

“forecast for expenditure”—in relation to an assessment date and a relevant installation which falls or is expected to fall within any tariff category means the sum as at that assessment date of the estimated spend for each relevant installation which falls within that tariff category;in relation to an assessment date and a relevant producer, means the sum as at that assessment date of the estimated spend for each relevant producer;

“forecast for total expenditure”, in relation to an assessment date, means the sum as at that assessment date of—the estimated spend for each relevant installation; andthe estimated spend for each relevant producer;

“increase in expenditure forecast” means a figure determined under regulation 58(3)(d);

“large biomass plant” means a plant which generates heat or heat and power from solid biomass (including solid biomass contained in waste) with an installation capacity of 1MWth or above, and which is not a new solid biomass CHP system;

“load factor” in respect of an accredited RHI installation means—$M C × H$where—M is—in the case of a shared ground loop system, the sum of the amounts of heat in kWhth for which periodic support payments have been made in respect of each of the ground source heat pumps which form part of the shared ground loop system; orin all other cases, the amount of heat in kWhth generated by that installation during all quarterly periods in respect of which it has received a periodic support payment;C is the installation capacity of that installation; andH is the total number of hours in all the quarterly periods in respect of which it has received a periodic support payment;

“pending tariff guarantee” means a tariff guarantee which has been granted in accordance with regulation 35(7) but does not include a case where—the plant in respect of which the tariff guarantee was granted is accredited or the producer of biomethane for injection in respect of which the tariff guarantee was granted is registered;an application for accreditation or registration has been made in respect of such a plant or producer of biomethane for injection;a tariff guarantee has been revoked; orregulation 35(11)(c) applies;

“relevant installation” means—an accredited RHI installation;a plant for which an application for accreditation or preliminary accreditation has been made, but does not include a plant where—the application has been rejected by the Authority; orthe application has been withdrawn by the applicant; ora plant in respect of which there is a pending tariff guarantee;

“relevant producer” means—a participant who produces or proposes to produce biomethane for injection;a person who produces or proposes to produce biomethane for injection who has made an application for registration or preliminary registration but does not include a person who has made an application—which has been rejected by the Authority; orwhich has been withdrawn by the applicant; ora producer of biomethane for injection in respect of which there is a pending tariff guarantee;

“tariff category” means one of the following tariffs or groups of tariffs—plants which generate heat from solid biomass;CHP systems;ground source heat pumps and shared ground loop systems with an installation capacity of 100kWth or above;ground source heat pumps and shared ground loop systems with an installation capacity of below 100kWth and air source heat pumps;plants which use solar collectors;plants which generate heat from biogas with a capacity below 600kWth;producers of biomethane for injection and plants which generate heat from biogas with a capacity of 600kWth and above;deep geothermal plants.

Publication of tariffs

57

The Authority must—

(a) by 15th March, 15th June, 15th September and 15th December in each year (“the tariff publication date”) publish in a table the initial tariffs applicable where a tariff start date falls within the tariff period immediately following the relevant tariff publication date; and

(b) on or before 1st April each year, publish in a table on its website the subsequent tariffs applicable for the period commencing on 1st April of that year and ending with the 31st March of the following year.

Expenditure forecast statement and tariff change notice

58

(1) The Secretary of State must publish a statement in accordance with this regulation (“an expenditure forecast statement”).

(2) The expenditure forecast statement must be published by 1st March, 1st June, 1st September and 1st December in each year.

(3) For that purpose the Secretary of State must determine, as at the assessment date immediately preceding the date on which the expenditure forecast is to be published (“the latest assessment date”)—

(a) the forecast for total expenditure;

(b) for each tariff category the forecast for expenditure in relation to the relevant installations that fall within that tariff category;

(d) in relation to each of the forecasts for expenditure referred to in sub-paragraphs (b) and (c) the increase in expenditure forecast for that tariff category, that is to say the difference between—

(i) the forecast for expenditure as at the latest assessment date; and

(ii) the forecast for expenditure as at the assessment date three months before the latest assessment date.

(4) An expenditure forecast statement must set out, as at the latest assessment date—

(a) the forecast for total expenditure;

(b) each of the forecasts for expenditure referred to in paragraph (3)(b) and (c); and

(5) If, as a result of a forecast referred to in paragraph (3), and by virtue of regulation 60(1), the new initial tariff will be different from the former initial tariff, the Secretary of State must publish, with the expenditure forecast statement, a notice (a “tariff change notice”) setting out the new initial tariff and the date on which it will take effect.

(6) For the purposes of paragraph (5)—

(a) “new initial tariff” means the initial tariff for an accredited RHI installation, or biomethane produced for injection, having a tariff start date which falls within the next tariff period;

(b) “former initial tariff” means the initial tariff that would have been applicable to the installation or biomethane produced for injection if the tariff start date had fallen on the day immediately preceding the commencement of that tariff period.

Calculation and payment of periodic support payments to participants

59

(1) Subject to paragraph (1A) and regulations 52 to 55A and 76 to 83, periodic support payments are payable for 20 years from the tariff start date.

(1A) For an accredited RHI installation or producer of biomethane for injection with a tariff start date after 31st March 2021, periodic support payments are payable for the period beginning on the tariff start date and ending on 31st March 2041.

(2) Subject to regulations 35(9), 60(2) and 62(2) the tariff to be used for the purpose of calculating periodic support payments is—

(a) the initial tariff, for the period commencing with the tariff start date and ending with the end of the financial year in which that tariff start date falls; and

(b) the subsequent tariff, for each subsequent financial year.

Calculation of initial tariffs

60

(1) Except as provided in paragraphs (2) to (4), the initial tariff for an accredited RHI installation or producer of biomethane for injection is calculated in accordance with the formula—

$$A × ( 1 − B − C )$where—A is calculated in accordance with regulation 61; andB and C are calculated in accordance with Schedule 7 in relation to—the tariff category into which the tariff for the accredited RHI installation or producer of biomethane for injection falls; andthe assessment date immediately preceding the commencement of the tariff period in which the tariff start date falls.$

(2) Where paragraph (3) or (4) applies, the initial tariff, commencing on the date on which these Regulations come into force, is the relevant tariff set out in Schedule 6.

(3) This paragraph applies where—

(a) a participant produces biomethane for injection or an accredited RHI installation generates heat from biogas;

(b) the tariff start date is on or after 1st April 2018 but before the date on which these Regulations come into force;

(c) if biogas or biomethane is produced by anaerobic digestion, the participant has elected to be subject to the requirements in regulation 74; and

(d) where an accredited RHI installation generates heat from biogas, the participant has elected to be subject to the requirements in regulation 3(5)(a).

(4) This paragraph applies where—

(a) an accredited RHI installation generates heat from biomass; and

(b) the tariff start date is on or after 1st April 2018 but before the date on which these Regulations come into force.

Calculation of A

61

(1) For the purposes of regulation 60, A is calculated as follows.

(2) Where the tariff start date is within any tariff period commencing on 1st April, commencing with 1st April 2018, A is the relevant tariff which would have applied had the tariff start date fallen within the previous tariff period (“the previous tariff”), adjusted by the percentage increase or decrease in the consumer prices index for the calendar year ending with the 31st December immediately preceding the commencement of that tariff period, the resulting figure being rounded.

(3) Where the tariff start date is within any subsequent tariff period commencing with 1st July, 1st October or 1st January, commencing with 1st July 2018, A is the previous tariff.

Calculation of subsequent tariffs

62

(1) Except as provided in paragraphs (2) and (3), in relation to a particular financial year, the subsequent tariff is the tariff applicable to the biomethane produced by the participant or to the accredited RHI installation on the last day of the previous financial year, adjusted by the percentage increase or decrease in the relevant measure of inflation for the calendar year ending with the 31st December immediately preceding the commencement of that subsequent financial year, the resulting figure being rounded.

(2) Where paragraph (3) applies, the subsequent tariff from the date on which these Regulations come into force until 31st March 2019 is the relevant tariff set out in Schedule 6.

(3) This paragraph applies where—

(a) a participant produces biomethane for injection or an accredited RHI installation generates heat from biogas;

(b) the tariff start date is on or after 14th December 2016 but before 1st April 2018;

(c) if biogas or biomethane is produced by anaerobic digestion, the participant has elected to be subject to the requirements in regulation 74; and

(d) where an accredited RHI installation generates heat from biogas, the participant has elected to be subject to the requirements in regulation 3(5)(a).

(4) In this regulation “relevant measure of inflation” means—

(a) if the tariff start date is earlier than 1st April 2016, the retail prices index; and

(b) in any other case, the consumer prices index.

Tiered tariffs

63

(1) Paragraphs (2) to (6) apply where an accredited RHI installation—

(a) has an installation capacity of less than 1MWth and generates heat from biomass;

(b) has an installation capacity of 1MWth or above, generates heat from biomass and has a tariff start date on or after 14th December 2016;

(d) is a shared ground loop system.

(2) Where pursuant to regulations 60 to 62 and Schedule 6 a tiered tariff is, or is to be used in calculating, the initial tariff or subsequent tariff for the accredited RHI installation, the applicable tier of that tiered tariff is—

(a) tier 1, in relation to the initial heat generated by the accredited RHI installation in a relevant period and used for eligible purposes; and

(b) tier 2, in relation to all further heat generated by that installation in that same relevant period and used for eligible purposes.

(3) In relation to an accredited RHI installation with an installation capacity of less than 1MWth which generates heat from biomass—

(a) where the tariff start date is before 20th September 2017, “initial heat” means the heat in kWhth generated by the accredited RHI installation running at its installation capacity for 1,314 hours;

(b) where the tariff start date is on or after 20th September 2017, “initial heat” means the heat in kWhth generated by the accredited RHI installation running at its installation capacity for 3,066 hours.

(4) In relation to an accredited RHI installation which generates heat from biomass with an installation capacity of 1MWth or above, “initial heat” means the heat in kWhth generated by the accredited RHI installation running at its installation capacity for 3,066 hours.

(5) In relation to an accredited RHI installation which is a ground source heat pump, “initial heat” means the heat in kWhth generated by that installation running at its installation capacity for 1,314 hours.

(6) In relation to an accredited RHI installation which is a shared ground loop system, “initial heat” means—

(a) in respect of any ground source heat pumps installed in domestic premises which form part of the shared ground loop system, the lower of—

(i) the heat in kWhth generated by each of those ground source heat pumps running at its installed peak heat output capacity for 1,314 hours; or

(ii) the heat demand for space heating and water heating specified in the relevant EPC for that property (where “heat demand” and “relevant EPC” have the same meaning as in regulation 70);

(b) in respect of all other ground source heat pumps which form part of that shared ground loop system, the heat in kWhth generated by each ground source heat pump running at its installed peak heat output capacity for 1,314 hours.

(7) Paragraphs (8) and (9) apply where, on or after the date on which these Regulations come into force, a registered participant produces biomethane with a tariff start date on or after 12th February 2015.

(8) Where pursuant to regulations 60 to 62 and Schedule 6 a tiered tariff is, or is to be used in calculating, the initial tariff or subsequent tariff for the biomethane, the applicable tier of that tiered tariff is—

(a) tier 1, in relation to initial biomethane;

(b) tier 2, in relation to secondary biomethane; and

(9) In paragraph (8)—

(a) “initial biomethane” means the amount of eligible biomethane measured in megawatt hours which is injected in a relevant period, up to 40,000 megawatt hours;

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