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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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(b) “secondary biomethane” means the amount of eligible biomethane measured in megawatt hours injected in a relevant period, in excess of the initial biomethane, up to an additional 40,000 megawatt hours; and

(c) “tertiary biomethane” means the amount of eligible biomethane measured in megawatt hours injected in the relevant period in excess of the secondary biomethane.

(10) Where a guaranteed tariff applies in relation to an accredited RHI installation or the production of biomethane for injection—

(a) heat in excess of 250GWh in any relevant period is further heat for the purposes of paragraph (2)(b); and

(b) biomethane in excess of 250GWh in any relevant period is tertiary biomethane for the purposes of paragraph (8)(c).

(11) In this regulation—

“applicable tier”, in relation to a tiered tariff, means the numbered tier of that tariff, the rate for which applies in determining the initial tariff or subsequent tariff for an accredited RHI installation or for biomethane production;

“relevant period”—except as provided in paragraph (b), means the 12 month period commencing with, or with the anniversary of, the tariff start date; orwhere the accredited RHI installation has an installation capacity of 1MWth or above, generates heat from biomass and has a tariff start date on or after 14th December 2016 but before 20th September 2017, means—the period commencing with 20th September 2017 and ending with the day before the anniversary of the tariff start date; andthereafter, the 12 month period commencing with the anniversary of the tariff start date;

“tiered tariff” means a tariff in Schedule 6 for which different rates are specified for numbered tiers.

Periodic support payments for accredited RHI installations in simple systems in respect of which an application for accreditation was made before 24th September 2013

64

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Periodic support payments accredited RHI installations for complex systems in respect of which an application for accreditation was made before 24th September 2013

65

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Periodic support payments for accredited RHI installations ...

66

(1) Except where regulation 67, 68 or 70 applies, this regulation applies to an accredited RHI installation ....

(2) Subject to regulations 31(2), 69, 71, 72 , 72A and 74, periodic support payments in respect of each quarterly period must be calculated in accordance with one of the following formulae, as applicable—

$A × B$

(b) where the accredited RHI installation is generating heat from the combustion of biogas,

where—

A is the tariff for the installation determined in accordance with regulation 59;

B is the kWhth of heat generated by that plant which is used for eligible purposes, determined in accordance with regulations 23 and 75; and

C is—the heat in kWhth delivered in the relevant quarterly period to the biogas production plant which produced the biogas which is combusted (other than heat contained in any feedstock used to produce that biogas); orsuch proportion (as may be chosen by the participant and agreed by the Authority) of that heat, provided that the proportion is no less than—$x y$where—x is the heat produced by that biogas which is used for eligible purposes; andy is the energy content of all the biogas produced by that biogas production plant.

Periodic support payments for CHP systems using biomass or biogas in combination with other sources of energy

67

(1) This regulation applies in relation to an accredited RHI installation which is a CHP system where the total installed peak heat output capacity of all the combustion units in respect of which that CHP system has been accredited is less than the total installed peak heat output capacity of all combustion units forming part of that CHP system.

(2) Subject to regulations 31(2), 68, 69 and 74, where this regulation applies, participants are to be paid periodic support payments for the installation in respect of each quarterly period calculated in accordance with the following formula—

$$( A × B ) + ( C × ( D-E ) )$where—A is the tariff in respect of any heat generated by the installation using solid biomass determined in accordance with regulation 59;B is the kWhth of heat generated by the installation from solid biomass (including solid biomass contained in waste) in any combustion unit in respect of which the CHP system has been accredited and which is used for eligible purposes, calculated in accordance with paragraph (3);C is the tariff in respect of any heat generated using biogas determined in accordance with regulation 59;D is the kWhth of heat generated by the installation from biogas in any combustion unit in respect of which the CHP system has been accredited and which is used for eligible purposes, calculated in accordance with paragraph (4);E is—the heat in kWhth delivered in the relevant quarterly period to the biogas production plant which produced the biogas combusted in a combustion unit to which regulation 12(2)(b) or 13 applies (other than heat contained in any feedstock used to produce that biogas); orsuch proportion (as may be chosen by the participant and agreed by the Authority) of that heat provided that the proportion is no less than—$

$$x y$where—x is the heat produced by that biogas in a combustion unit to which regulation 12(2)(b) or 13 applies and which is used for eligible purposes; andy is the energy content of all the biogas produced by that biogas production plant.$

(3) B must be calculated in accordance with the following formula—

$$B = HCHP × FIB ÷ ( FIB + FIother )$where—HCHP is the total heat in kWhth generated by the CHP system in the relevant quarterly period which is used for eligible purposes;FIB is the energy content of—the solid biomass (excluding the energy content of any fossil fuel contamination in such biomass) burned in a combustion unit to which regulation 12(2)(b) or 13 applies; orthe solid biomass contained in waste burned in a combustion unit to which regulation 12(2)(b) applies,and used in the CHP system to generate heat and power during the relevant quarterly period;FIother is the energy content of all other fuel used in the CHP system in the relevant quarterly period, including the energy content of any fossil fuel contamination or fossil fuel used in the CHP system for permitted ancillary purposes in accordance with regulation 37 or 38.$

(4) D must be calculated in accordance with the following formula—

$$D = HCHP × FID ÷ ( FID + FIother )$where—HCHP is the total heat in kWhth generated by the CHP system during the relevant quarterly period which is used for eligible purposes;FID is the energy content of the biogas used in the CHP system during the relevant quarterly period;FIother is the energy content of all other fuel used in the CHP system during the relevant quarterly period, including the energy content of any fossil fuel used in the CHP system for permitted ancillary purposes in accordance with regulation 37 or 38.$

Periodic support payments for new solid biomass CHP systems

68

(1) This regulation applies in relation to an accredited RHI installation which is, or includes, a new solid biomass CHP system, where—

(a) the tariff start date is on or after 1st August 2016 but before the date on which these Regulations come into force, provided that—

(i) the power efficiency of the CHP system is less than 10%; and

(ii) sub-paragraph (c) does not apply;

(b) the tariff start date is on or after the date on which these Regulations come into force, provided that—

(i) the power efficiency of the CHP system is less than 20%; and

(ii) sub-paragraph (c) does not apply;

(c) the participant notified the Authority in accordance with regulation 39D(1)(b) of the Renewable Heat Incentive Scheme Regulations 2011 .

(2) Subject to regulations 31(2) and 69, the periodic support payment for the installation in respect of each quarterly period is to be calculated in accordance with the following formula—

$$( A × B ) + ( ( 1 − B ) × ( C × D ) ) + E$where—A is the periodic support payment calculated in accordance with regulation 66 or 67 in respect of the heat generated using solid biomass in the CHP system which meets the requirements of regulation 13;subject to paragraph (3), B is the figure, expressed as a decimal, derived from multiplying the power efficiency of the CHP system by 10;C is the tariff, determined in accordance with regulation 59, that would apply if the CHP system ceased to be certified under CHPQA;D is the kWhth of heat generated using solid biomass in the CHP system which meets the requirements of regulation 13, calculated in accordance with regulation 66(2)(b) or 67(2)(b);insofar as D relates to heat calculated in accordance with regulation 66(2)(b), regulation 71 applies to the periodic support payment figure given by the calculation;E is the sum of the periodic support payments, calculated in accordance with regulation 66 or 67, in respect of any heat generated by the installation using biogas, solid biomass or solid biomass contained in waste used in a CHP system where regulation 12 applies.$

(3) Where paragraph (1)(b) applies, paragraph (2)(b) applies as if for the number 10 there were substituted the number 5.

(4) For the purposes of this regulation, the power efficiency of a CHP system is to be determined for each 12 month period commencing with 1st August and ending with 31st July (or for any part of that period) and is the power efficiency stated—

(a) on the certificate issued under CHPQA in the calendar year in which that period begins; or

(b) on the most recent certificate issued under CHPQA where a certificate has not been issued in the calendar year in which that period begins.

CHP systems accredited in relation to the Renewables Obligation

69

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

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

(a) uses solid biomass or solid biomass contained in waste to generate heat and electricity; and

(b) forms part of a generating station which—

(i) was accredited under the Renewables Obligation Order 2009 or the Renewables Obligation (Scotland) Order 2009 ; and

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

(3) This paragraph applies to capacity which first generates heat and electricity on or after 1st April 2013 and—

(a) which—

(i) uses solid biomass, other than solid biomass contained in waste, to generate heat and electricity;

(ii) forms part of a generating station which is accredited under the Renewables Obligation Order 2009, the Renewables Obligation Order 2015 or the Renewables Obligation (Scotland) Order 2009; and

(iii) is capacity in respect of which a declaration under article 28(7) of either the Renewables Obligation Order 2009 or the Renewables Obligation (Scotland) Order 2009, or under article 35(7) of the Renewables Obligation Order 2015 has been made; or

(b) which—

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

(ii) forms part of a generating station which is accredited under the Renewables Obligation Order 2009, the Renewables Obligation Order 2015 or the Renewables Obligation (Scotland) Order 2009; and

(iii) forms part of a generating station which is or at any time since it was so accredited has been—

(aa) a qualifying combined heat and power generating station within the meaning of article 2 of the Renewables Obligation Order 2009 or the Renewables Obligation (Scotland) Order 2009; or

(bb) a qualifying CHP station within the meaning of article 2(1) of the Renewables Obligation Order 2015.

Periodic support payments for shared ground loop systems

70

(1) This regulation applies to an accredited RHI installation which is a shared ground loop system.

(2) Subject to regulation 31(2), the periodic support payment for the installation in respect of each quarterly period is the sum of the payments for each ground source heat pump which forms part of the shared ground loop system, as calculated in accordance with paragraphs (3) and (4).

(3) The periodic support payment in respect of each quarterly period for each ground source heat pump for which heat is required to be metered under regulation 24 or 53 is to be calculated in accordance with the following formula—

$$A × B$where—A is the tariff for the shared ground loop system, determined in accordance with regulation 59;in respect of a ground source heat pump installed in domestic premises, B is the lower of—the kWhth of heat used for eligible purposes generated by the ground source heat pump, determined in accordance with regulations 23, 24 and 75;30,000 kWhth minus C, where C is—if the quarterly period for which payment is being calculated will not be the first quarterly period in the 12 month period beginning with the tariff start date or its anniversary, the kWhth of heat determined under paragraph (i) for the applicable period, provided that the sum of that figure and the kWhth of heat determined for the quarterly period for which payment is being calculated is more than 30,000 kWhth;otherwise, 0; andthe heat demand minus C, where C is—if the quarterly period for which payment is being calculated will not be the first quarterly period in the 12 month period beginning with the tariff start date or its anniversary, the kWhth of heat determined under paragraph (i) for the applicable period, provided that the sum of that figure and the kWhth of heat determined for the quarterly period for which payment is being calculated is more than the heat demand;otherwise, 0,unless the figure given in paragraph (ii) or (iii) is negative, in which case B is 0;in respect of all other ground source heat pumps, B is the kWhth of heat used for eligible purposes generated by the ground source heat pump, determined in accordance with regulations 23, 24 and 75.$

(4) The periodic support payment in respect of each quarterly period for each ground source heat pump for which heat is not required to be metered under regulation 24 or 53 is calculated in accordance with the following formula—

$$D × E 4$where—D is the tariff for the ground source heat pump, determined in accordance with regulation 59;E is the kWhth of deemed annual heat generation used for eligible purposes for the ground source heat pump, determined in accordance with paragraph (5).$

(5) For the purposes of paragraph (4), the deemed annual heat generation for a ground source heat pump is the lower of—

(a) the heat demand; or

(b) 30,000 kWhth.

(6) In this regulation—

“applicable period” means the period—commencing on— the date on which the installation capacity of a shared ground loop system is modified under regulation 52A; the tariff start date, if it is the first year of payment; orin any other case, the most recent anniversary of the tariff start date; andending with the last day of the quarterly period preceding the quarterly period for which a periodic support payment is being calculated;

“heat demand” means the heat demand specified in the relevant EPC for that property for—space heating, if the ground source heat pump provides space heating but not heating for domestic hot water; orspace heating and water heating, if the ground source heat pump provides both space heating and domestic hot water heating;

“relevant EPC” means the most recent EPC for which details have been provided to the Authority.

Fossil fuel contamination of solid biomass and fossil fuel used for permitted ancillary purposes

71

(1) This regulation applies to an accredited RHI installation—

(a) where the heat is generated from solid biomass contained in waste (“Case A”); or

(b) where the heat is generated from solid biomass, not being solid biomass contained in waste, and the capacity of the installation is 1MWth or above (“Case B”).

(2) In Case A, the periodic support payment calculated in accordance with regulation ... 66 shall be reduced pro rata to reflect the proportion of the energy content of the waste used in the relevant quarterly period which was composed of fossil fuel and, where fossil fuel has been used for permitted ancillary purposes in accordance with regulation 37, to reflect the proportion of fossil fuel so used which resulted in the generation of heat.

(3) In Case B, the periodic support payment calculated in accordance with regulation ... 66 shall be reduced pro rata to reflect the proportion of fossil fuel contamination in the relevant quarterly period determined in accordance with regulation 38 and, where fossil fuel has been used for permitted ancillary purposes during the relevant quarterly period in accordance with regulation 38, to reflect the proportion of fossil fuel so used which resulted in the generation of heat.

Fossil fuel contamination adjustment to periodic support payments for producers and combusters of biogas produced from gasification and pyrolysis

72

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

(2) Where, in accordance with regulation 40, a participant uses feedstock contaminated with fossil fuel, the periodic support payment calculated in accordance with regulation ... 66 shall be reduced pro rata to reflect the proportion of fossil fuel contamination in the feedstock used by the participant in the relevant quarterly period.

Periodic support payments to producers of biomethane

73

(1) Subject to paragraph (3) and regulations 31(2) , 32A and 74, participants producing biomethane for injection shall be paid a periodic support payment in respect of each quarterly period calculated in accordance with the following formula—

$$A × B$where—A is the amount of eligible biomethane in kWh which is injected in that quarterly period; andB is the tariff applicable to the eligible biomethane determined in accordance with regulation 59.$

(2) In this regulation, “eligible biomethane” means the amount (in kWh) of all biomethane or the notified proportion of biomethane injected in a quarterly period determined in accordance with the following formula—

$( C- ( D + E + F ) ) × G$

where—

(a) C is the lower of—

(i) the amount (in kWh) of all biomethane or the notified proportion of biomethane injected in that quarterly period; or

(ii) the sum of the kWh equivalent of the maximum initial capacity specified under regulation 32 and any maximum additional capacity specified under regulation 77;

(b) D is the amount of propane in kWh contained in C;

(i) the heat in kWhth delivered in the relevant quarterly period to the biogas production plant which produced the biogas from which the biomethane is made, except any heat—

(aa) contained in feedstock used to produce that biogas; or

(bb) derived from the combustion of that biogas; or

(ii) such proportion (as may be chosen by the participant and agreed by the Authority) of that heat provided that the proportion is no less than—

$x y$

where—

(aa) x is the energy content of the biogas contained in the biomethane produced by that biogas; and

(bb) y is the energy content of all the biogas produced by that biogas production plant;

(d) F is the amount (in kWhth) of heat supplied to the biomethane production process in that quarterly period from any heat source other than heat generated from the combustion of biogas by a plant which supplies that process; and

(e) G applies only in relation to biomethane made using biogas produced from gasification or pyrolysis, and is the proportion of biomass contained in the feedstock used in that quarterly period to produce that biogas.

(2A) In paragraph (2), “notified proportion of biomethane” means the proportion of biomethane which the participant specifies in a notice to the Authority as the proportion of the total amount of biomethane (in kWh) injected in a quarterly period which is to be taken into account when determining the amount of eligible biomethane for that quarterly period.

(2B) The notified proportion of biomethane must be taken into account in determining values C to G in the formula in paragraph (2).

(2C) A participant must notify the Authority of the total amount of biomethane (in kWh) injected in a quarterly period.

(3) Where a participant is registered in respect of additional biomethane which forms part of the eligible biomethane injected in the quarterly period referred to in paragraph (1) and the tariff for the additional biomethane differs from the tariff for any other biomethane in respect of which the participant is registered, the periodic support payment for the participant for that quarterly period is the sum of—

(a) the amount of eligible biomethane in kWh which is original biomethane multiplied by the tariff applicable to that biomethane determined in accordance with regulation 59; and

(b) the amount of any eligible biomethane in kWh which is additional biomethane multiplied by the tariff applicable to that biomethane determined in accordance with regulation 59.

Reconciliation payments for biogas and biomethane produced by anaerobic digestion on or after the date on which these Regulations come into force

74

(1) This regulation applies in relation to biomethane produced for injection, or an accredited RHI installation which generates heat from biogas, including additional biomethane or additional RHI capacity, where—

(a) in any payment year, less than 50% of the total biogas yield is derived from waste or residue; and

(b) the tariff start date is—

(i) on or after the date on which these Regulations come into force; or

(ii) on or after 14th December 2016 but before the date on which these Regulations come into force, provided that the participant has elected to be subject to the arrangements set out in this regulation by notice to the Authority no later than 1 month after the date on which these Regulations come into force.

(2) Where this regulation applies, the sum of the periodic support payments for a payment year must be reduced to the amount calculated in accordance with the following formula—

$$A × ( 1 .5- B )$where—A is the sum of the periodic support payments for biogas or biomethane for that payment year calculated in accordance with regulation 66(2)(b), 67 or 73;B is the proportion of the total biogas yield for that payment year which is not derived from waste or residue, expressed as a decimal and rounded to four decimal places.$

(3) To account for the reduction calculated under paragraph (2), the Authority must—

(a) offset the amount by which the periodic support payments for that payment year have been reduced against periodic support payments in the subsequent payment year; or

(b) where the payment year is the participant's final payment year, require the participant to repay the amount by which the periodic support payments for that payment year have been reduced.

(4) In this regulation—

“biogas yield” means the energy content of any biogas produced by anaerobic digestion which—in the case of an accredited RHI installation which generates heat from biogas, is combusted by that installation; andin the case of biomethane produced for injection, is an ingredient of that biomethane;

“payment year” means—for a participant with a tariff start date on or after the date on which these Regulations come into force, any 12 month period commencing with the tariff start date or the anniversary of the tariff start date;for a participant with a tariff start date before the date on which these Regulations come into force—the period commencing with the date on which these Regulations come into force and ending with the day before the next anniversary of the tariff start date; andthereafter, any 12 month period commencing with the anniversary of the tariff start date.

Calculation of heat loss in certain circumstances

75

(1) This regulation applies to a participant who owns an accredited RHI installation for which an application for accreditation is made on or after 24th September 2013.

(2) Where the Authority is satisfied that relevant piping complies with the requirements in paragraph (3)(a), (b) or (c), the heat lost through that piping may be disregarded when determining the kWhth of heat generated by the plant which is used for eligible purposes.

(3) The requirements in this paragraph are that—

(a) each length of piping which is 10 metres or less and situated outside a building is properly insulated;

(b) each length of piping which is greater than 10 metres and situated outside a building is—

(i) properly insulated; and

(ii) the average annual heat lost from all such piping based on a heat loss calculation is less than or equal to 3% of the projected annual heat output of the plant; or

(4) Where—

(a) relevant piping which is properly insulated is situated outside a building;

(b) each length of such piping is greater than 10 metres; and

a heat loss calculation may be used to establish the heat lost from such piping when determining the kWhth of heat generated by the plant which is used for eligible purposes.

(5) A heat loss calculation may be used to establish heat lost when determining the heat generated by the plant which is used for eligible purposes where in the opinion of the Authority—

(a) physical constraints, reasons of safety or environmental conditions mean that it is not reasonably practicable to install a class 2 heat meter or steam measuring equipment;

(b) a class 2 heat meter or steam measuring equipment would provide less accurate results than a heat loss calculation;

(c) the cost of installing a class 2 heat meter or steam measuring equipment would be disproportionate when compared with the total installation cost of the plant; or

(d) the administrative cost to the Authority of processing information from a class 2 heat meter or steam measuring equipment would be disproportionate when compared with the amount of heat which may be measured.

(6) Where in addition to heat supplied by the plant—

(a) heat generated solely by gas or electricity is supplied to the same heating system of which the plant forms part; and

(b) one or more meters are installed which measure the total amount of gas or electricity used to generate that heat,

the quantity of that gas or electricity expressed in kWh may be converted into kWhth provided such a calculation is based on an assumption that 100% of the fuel is converted into heat.

(7) In this regulation, “relevant piping” means piping which conveys heat for, or returns heat following its use for, a purpose for which heat is supplied by the heating system of which the plant forms part.

PART 8 — Additional RHI capacity and additional capacity for biomethane production

Additional RHI capacity

76

(1) Paragraph (4) applies where the Authority accredits additional RHI capacity which is first commissioned less than 12 months after the date on which the original installation was first commissioned.

(2) Paragraph (6) applies where the Authority accredits additional RHI capacity which is first commissioned 12 months or more after the date on which the original installation was first commissioned.

(3) In this regulation “additional RHI capacity” means a plant which—

(a) is first commissioned after the date on which an accredited RHI installation (“the original installation”) was first commissioned;

(b) uses the same source of energy and technology as the original installation; and

except where the original installation is a shared ground loop system.

(4) Where this paragraph applies, from the date of accreditation of the additional RHI capacity, the tariff for both the original installation and the additional RHI capacity is the relevant tariff based on the sum of the installation capacity of the original installation and the additional RHI capacity, and—

(a) in respect of heat generated by the original installation, determined in accordance with regulation 59 as at the tariff start date of that original installation; and

(b) in respect of heat generated by the additional RHI capacity, determined in accordance with regulation 59 as at the tariff start date of that additional capacity.

(5) Where the date of accreditation of the original installation is before 30th April 2013, periodic support payments in respect of both the original installation and the additional RHI capacity must terminate on the tariff end date of the original installation.

(6) Where this paragraph applies—

(a) the tariff for the original installation continues to be the relevant tariff for that original installation;

(b) that tariff is the tariff determined in accordance with regulation 59 as at the tariff start date of that original installation;

(c) the tariff for the additional RHI capacity is to be the relevant tariff based on the sum of the installation capacity of the original installation and the additional RHI capacity; and

(d) that tariff is to be determined in accordance with regulation 59 as at the tariff start date of that additional RHI capacity.

(7) All additional RHI capacity must be metered so as to enable the heat generated by such additional capacity and used for eligible purposes to be distinguished from the heat so generated by the original installation.

Additional capacity for biomethane production

77

(1) A participant—

(a) who is a producer of biomethane for injection;

(b) whose original application for registration was made on or after 28th May 2014; and

may apply to the Authority to be registered in respect of that additional biomethane.

(2) Regulation 32(2) to (8), (10)(a) to (c) and (e), and (11) to (14) applies to an application for registration in respect of additional biomethane, but as if—

(a) references to an applicant were references to the participant,

(b) references to biomethane were references to additional biomethane,

(c) references to registering the applicant as a participant were references to registering the participant in respect of that additional biomethane.

(3) Where a participant is registered in respect of additional biomethane, the Authority must specify the maximum additional capacity in relation to which the participant is being registered.

(4) Periodic support payments for additional biomethane may not be made beyond the tariff end date notified in accordance with regulation 32(10)(e) when the participant was originally registered as a producer of biomethane for injection.

(5) For the purposes of this regulation—

(a) “additional biomethane” means any biomethane—

(i) which exceeds the sum of the maximum initial capacity, together with any maximum additional capacity previously specified under this regulation; and

(ii) which is being supplied by the participant for injection at the same injection point as the biomethane in respect of which that participant was first registered;

(b) “maximum additional capacity” means the volume of biomethane expressed in cubic metres per quarterly period which—

(i) is additional biomethane; and

(ii) is the maximum volume which a participant is entitled to supply for injection under the network entry agreement applicable to that additional biomethane.

(6) Where the Authority does not register an applicant in respect of additional biomethane, it must notify the applicant in writing that the application for registration has been rejected, giving reasons.

PART 9 — Enforcement

Power to temporarily withhold periodic support payments to investigate alleged non-compliance

78

(1) Where the Authority has reasonable grounds to suspect—

(a) that a participant has failed or is failing to comply with an ongoing obligation; or

(b) that an accredited RHI installation has been given accreditation or a producer of biomethane for injection has been registered as a result of the provision of information which was incorrect in a material particular,

and the Authority requires time to investigate, it may withhold all or part of that participant's periodic support payments pending the outcome of that investigation.

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

(a) the respect in which the Authority suspects the participant has failed or is failing to comply with an ongoing obligation, or a description of the information which the Authority suspects to be incorrect and upon which the accreditation or registration was based;

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

(d) the next steps in the investigation; and

(e) details of the participant's right of review.

(3) The Authority's investigation must be commenced and completed as soon as is reasonably practicable.

(4) The Authority may—

(a) request such information from the participant as it reasonably requires to enable it to carry out its investigation;

(b) withhold a participant's periodic support payments for a maximum period of 6 months commencing with the date specified in accordance with the notice required by paragraph (2)(c).

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

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

(a) the progress of any investigation; and

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

(7) For the purposes of calculating the period specified in paragraph (4)(b), no account is to be taken of any period attributable to the participant's delay in providing the information requested by the Authority pursuant to paragraph (4)(a).

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

(9) Subject to paragraph (11), immediately upon conclusion of its investigation under this regulation, the Authority must send the participant a notice specifying—

(a) the outcome of the investigation;

(b) the action the Authority proposes to take under this Part; and

(10) Subject to paragraph (11), where the Authority concludes that there has been no breach of an ongoing obligation or no provision of incorrect information, it must resume payment of periodic support payments and pay to the participant any periodic support payments withheld during the course of its investigation.

(11) Within the period specified in paragraph (4)(b), the Authority must either resume payment of periodic support payments or must send the participant a notice under regulation 79, 80, 81, 82 or 83.

Power to withhold periodic support payments: further provisions

79

(1) Where the Authority—

(a) is satisfied that—

(i) a participant has failed or is failing to comply with an ongoing obligation; or

(ii) an accredited RHI installation has been given accreditation or a producer of biomethane for injection has been registered as a result of the provision of information which was incorrect in a material particular; or

(b) has reasonable grounds to suspect the matters in sub-paragraph (a)(i) or (ii), and is unable to conclude its investigation under regulation 78 within six months of the date specified in accordance with the notice required by paragraph (2)(c) as a result of the participant's delay in providing any information reasonably requested by it,

it may withhold all or part of that participant's periodic support payments.

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

(a) where there has been a failure to comply with an ongoing obligation, the respect in which the Authority is satisfied that the participant has failed or is failing to comply;

(b) where the accredited RHI installation was given accreditation, or the participant registered as a producer of biomethane for injection, as a result of the provision of incorrect information, details of the respect in which the information was incorrect;

(c) where paragraph (1)(b) applies, details of the respect in which the participant delayed in providing information requested by the Authority;

(d) the amount of periodic support payments that the Authority intends to withhold in respect of each quarterly period;

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

(f) where applicable, the steps that the participant must take to satisfy the Authority that it is complying with the ongoing obligation;

(g) where applicable, the steps that the participant must take to satisfy the Authority that, notwithstanding the provision of incorrect information, the accredited RHI installation should continue to be accredited, or the participant should continue to be registered;

(h) where applicable, the information the participant must provide to the Authority;

(i) the date by which the steps referred to in sub-paragraph (f) or (g) must be completed, or the information mentioned in sub-paragraph (h) must be provided;

(j) the consequences of the participant failing to take the steps referred to in sub-paragraph (f) or (g), or to provide the information mentioned in sub-paragraph (h), by the date specified; and

(k) details of the participant's right of review.

(3) The Authority may extend the time specified in paragraph (2)(i) where it is satisfied that it is reasonable to do so.

(4) Where the Authority is satisfied that the participant has taken the steps specified in the notice in accordance with paragraph (2)(f) or (g), or provided the information specified in the notice in accordance with paragraph (2)(h), as applicable, within the time specified, it must resume payment of the periodic support payments.

(5) If, within 6 months of receipt by the participant of a notice sent under paragraph (2), the Authority is satisfied that the participant has taken the steps specified in that notice, the Authority may pay, within 28 days of being so satisfied, all periodic support payments withheld under this regulation.

Power to reduce a participant's periodic support payments

80

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

(a) reduce the participant's periodic support payment by an amount which corresponds to the proportion of that quarterly period during which the participant failed so to comply;

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

(2) Within 21 days of a decision to reduce a periodic support payment, the Authority must send a notice to the participant specifying, as applicable—

(a) the respect in which the participant has failed to comply with an ongoing obligation;

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

(d) the level of any reduction; and

(e) details of the participant's right of review.

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

Revocation of accreditation or registration

81

(1) Where the Authority is satisfied—

(a) that there has been a material or repeated failure by a participant to comply with an ongoing obligation;

(b) an accredited RHI installation has been accredited or a producer of biomethane for injection has been registered as a result of the provision of information which was incorrect in a material particular; or

it may take any of the actions in paragraph (2).

(2) The actions in this paragraph are that the Authority may—

(a) revoke accreditation for the accredited RHI installation in respect of which paragraph (1) applies;

(b) revoke accreditation for any other accredited RHI installation owned by that participant; or

(3) Before revoking an accreditation or registration under this regulation, the Authority must send a notice to the participant specifying—

(a) the reason for the intended revocation including details of the respect in which the participant has failed to comply or the information was incorrect;

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

(4) Where the accreditation of an accredited RHI installation, or a participant's registration as a producer of biomethane for injection, has been revoked, the Authority may—

(a) refuse to accredit any eligible installations owned by the same person or a connected person; or

(b) refuse to register that person or a connected person as a producer of biomethane for injection,

at any future date.

Power to correct the level of tariff being paid to a participant

82

(1) Where periodic support payments are being paid to a participant in accordance with a guaranteed tariff, if the Authority is satisfied that the information upon which the tariff guarantee was based was incorrect in a material particular it may—

(a) revoke accreditation for the accredited RHI installation or registration for a participant who is a producer of biomethane for injection; or

(b) reduce the level of periodic support payments to the level which would have applied had the tariff guarantee not been granted.

(2) Before revoking an accreditation or registration or reducing the level of periodic support payments under this regulation, the Authority must send a notice to the participant specifying, as applicable—

(a) the reason for the intended revocation including details of the respect in which the information upon which the tariff guarantee was based was incorrect;

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

(d) the basis on which those payments are calculated; and

(e) details of the participant's right of review.

Overpayment notices and offsetting

83

(1) Where the Authority is satisfied that a participant or former participant has received periodic support payments which—

(a) exceed that participant's entitlement;

(b) were paid whilst there was a failure by that person to comply with an ongoing obligation, or following such a failure; or

it may take one of the actions set out in paragraph (2).

(2) The actions in this paragraph are that the Authority may—

(a) require a participant or former participant who has received periodic support payments to which paragraph (1) applies, to repay a specified sum in relation to some or all of those payments; or

(b) offset a specified sum in relation to some or all of those payments against future periodic support payments.

(3) Before taking either of the actions set out in paragraph (2), the Authority must send the participant or former participant a notice specifying—

(a) the sum it is seeking to recover;

(b) the basis on which that sum is calculated;

(d) where applicable, the date by which the sum must be repaid;

(e) where applicable, the amount which will be offset in each quarterly period and the time it will take for the sum to be recovered; and

(f) details of the participant's or former participant's right of review.

(4) Where a participant or former participant who is required to repay a specified sum under this regulation or regulation 74(3)(b) fails to make payment in full by the date specified under paragraph (3)(d), the Authority may recover any outstanding sum as a civil debt.

Revocation of sanctions

84

(1) The Authority may at any time revoke a sanction imposed in accordance with regulations 78 to 83 if it is satisfied that—

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

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

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

(a) the sanction which has been revoked;

(b) the reason for the revocation;

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

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

Power to inspect accredited RHI installations and equipment used to produce biomethane

85

(1) The Authority or its authorised agent may request entry without notice at any reasonable hour to inspect an accredited RHI installation or equipment used to produce biomethane and its associated infrastructure to do any one or more of the following—

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

(b) verify meter readings;

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

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

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

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

(b) the consequences of the refusal, including potential sanctions for failing to comply with the ongoing obligation imposed by regulation 43(j); and

PART 10 — Administrative functions of the Authority

Right of review

86

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

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

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

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

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

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

(4) A review under this regulation may not be carried out by any person who was involved in the decision which is being reviewed.

(5) On review the Authority may—

(a) revoke or vary its decision;

(b) confirm its decision;

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

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

(7) Paragraph (8) applies where—

(a) the Authority rejects an application for accreditation or registration; and

(b) on a review under this regulation, the Authority revokes its decision to reject the application.

(8) Subject to regulation 3A(5), the tariff start date is the date that would have been the tariff start date had the Authority not rejected the application.

Publication of guidance and tariffs

87

The Authority must publish procedural guidance to participants and prospective participants in connection with the administration of the Scheme.

Provision of information to the Authority etc

88

(1) Where under these Regulations the Authority requests information or a declaration from an applicant or a participant, or an applicant or participant is required to provide information or a declaration to the Authority—

(a) that information or declaration must be provided within such time and in such manner and form as the Authority may reasonably request and must be accurate to the best of the applicant's or participant's knowledge and belief; and

(b) the costs of providing the information are to be borne by that applicant or participant.

(2) When exercising any functions under these Regulations the Authority may treat any declaration given by an applicant in support of an application under these Regulations or by a participant as conclusive evidence of the matters to which that declaration relates, unless the Authority has reason to believe that any such declaration is not accurate.

Reporting obligations

89

(1) The Authority must provide to the Secretary of State monthly reports in such manner and form as the Secretary of State may request containing the following information, as applicable—

(a) in respect of each accredited RHI installation accredited during the period covered by the report—

(i) such of the information specified in Schedule 2 as the Authority may hold and the Secretary of State may require regarding the accredited RHI installation;

(ii) except in the case of a replacement plant, details of the plant it has replaced, if any;

(iii) the total amount of periodic support payments made in respect of the accredited RHI installation during the period covered by the report;

(iv) the total amount of heat in kWhth for which periodic support payments were made and the eligible purposes and the industry sector for which it was used;

(v) sustainability information provided in accordance with Schedule 5;

(b) in respect of each participant registered as a producer of biomethane for injection during the period covered by the report—

(i) the total amount of periodic support payments made to each participant;

(ii) the volume of biomethane produced for injection by each participant; and

(iii) sustainability information provided in accordance with Schedule 5;

(c) such other information as the Authority may hold in relation to its functions under these Regulations as the Secretary of State may require.

(2) Each monthly report must cover a calendar month and must be sent to the Secretary of State within 7 working days of the end of that month.

(3) The Authority must provide to the Secretary of State ... annual reports in such manner and form as the Secretary of State may request containing the information specified in paragraph (1) in aggregate form both for the period covered by the report and since the date of commencement of the Scheme.

(4) The annual report must be published by 31st July in respect of the 12 month period ending with 31st March of that year.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a) the ... annual reports provided in accordance with this regulation;

(b) current information in aggregate form as to—

(i) the number of accredited RHI installations;

(ii) their source of energy and technology and installation capacity;

(iii) the amount of heat they have generated;

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

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

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

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

Additional information

90

On request from the Secretary of State, the Authority must provide to the Secretary of State in such manner and form and by such date as the Secretary of State may request such additional information as the Authority may hold in relation to the performance of its functions under these Regulations.

Notices

91

A notice under these Regulations—

(a) must be in writing; and

(b) may be transmitted by electronic means.

PART 11 — Revocation and savings

Revocation, savings and transitional provisions

92

(1) Subject to paragraphs (3) and (4), the 2011 Regulations are revoked.

(2) Subject to paragraphs (3) and (4), the following instruments or parts of instruments amending the 2011 Regulations are revoked—

(a) the Renewable Heat Incentive Scheme (Amendment) Regulations 2013 ;

(b) the Renewable Heat Incentive Scheme (Amendment) (No 2) Regulations 2013 ;

(d) the Renewable Heat Incentive Scheme (Amendment) Regulations 2014 ;

(e) regulations 2 to 9 of the Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2015 ;

(f) the Renewable Heat Incentive Scheme (Amendment) Regulation 2015 ;

(g) the Renewable Heat Incentive Scheme (Amendment) (No 2) Regulations 2015 ;

(h) regulations 2 to 10 of the Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) (No. 2) Regulations 2015 ;

(i) regulations 2 to 14 of the Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2016 ;

(j) the Renewable Heat Incentive Scheme (Amendment) Regulations 2016 ;

(k) the Renewable Heat Incentive Scheme (Amendment) (No 2) Regulations 2016 ;

(l) regulation 2 of the Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2017 ;

(m) regulations 2 to 11 of the Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) (No. 2) Regulations 2017 .

(3) Where an application for accreditation or registration has been made before the date on which these Regulations come into force and has not been determined before that date—

(a) where the tariff start date for that eligible installation or producer of biomethane for injection is before the date on which these Regulations come into force—

(i) the Authority must determine the application in accordance with the 2011 Regulations as if they had not been revoked by these Regulations; but

(ii) if the application is granted, the eligible installation is treated as accredited or the producer of biomethane is treated as registered under these Regulations;

(b) where the tariff start date for that eligible installation or producer of biomethane for injection is on or after the date on which these Regulations come into force, the Authority must treat the application as having been made on the date on which these Regulations come into force.

(4) Where an application in relation to additional RHI capacity or additional biomethane capacity has been made before the date on which these Regulations come into force and has not been determined before that date—

(a) where the tariff start date for that additional RHI capacity or additional biomethane capacity is before the date on which these Regulations come into force—

(i) the Authority must determine the application in accordance with the 2011 Regulations as if they had not been revoked by these Regulations; but

(ii) if the application is granted, the additional RHI capacity or additional biomethane capacity is additional capacity under these Regulations;

(b) where the tariff start date for that eligible installation or producer of biomethane for injection is on or after the date on which these Regulations come into force, the Authority must treat the application as having been made on the date on which these Regulations come into force.

(5) Except as provided in paragraphs (3) and (4), anything being done under the 2011 Regulations before the date on which these Regulations come into force and which has not been completed before that date, is, on or after that date, to be taken as being done under these Regulations, including—

(i) a review of accreditation or registration;

(ii) a review in relation to a change in ownership;

(iii) a review in relation to a change in location;

(iv) an investigation into alleged non-compliance;

(v) action being taken by the Authority in relation to the withholding or reduction of periodic support payments;

(vi) action being taken by the Authority in relation to the revocation of accreditation or registration;

(vii) action being taken by the Authority in relation to overpayment or offsetting of periodic support payments;

(viii) a review by the Authority of a decision made in the exercise of its functions;

(ix) a request for information or a declaration made by the Authority which has not yet been responded to.

(6) An accredited RHI installation which is accredited under the 2011 Regulations immediately before these Regulations come into force or a producer of biomethane for injection who is registered under the 2011 Regulations immediately before these Regulations come into force is to be treated, on and after the date on which these Regulations come into force, as accredited or registered under these Regulations.

(7) Preliminary accreditation or preliminary registration granted under the 2011 Regulations and which applies immediately before these Regulations come into force is to be treated, on and after the date on which these Regulations come into force, as preliminary accreditation or preliminary registration under these Regulations.

(8) Approval of a scheme for listing approved sustainable fuels granted under the 2011 Regulations and which applies immediately before these Regulations come into force is to be treated, on and after the date on which these Regulations come into force, as approval under these Regulations.

(9) Guidance published in relation to the 2011 Regulations and which remains in force immediately before these Regulations come into force is to be treated, on and after the date on which these Regulations come into force, as guidance in relation to these Regulations.

(10) A reference in these Regulations to an application for accreditation or registration includes, in relation to an eligible installation accredited or producers of biomethane registered in accordance with the 2011 Regulations, an application under those Regulations.

(11) Where a quarterly period within the meaning of the 2011 Regulations commenced before, and has not ended by, the date on which these Regulations come into force, the Authority must make periodic support payments in accordance with the 2011 Regulations as if they had not been revoked—

(a) in respect of the whole quarterly period; or

(b) where regulation 60(3) or 62(3) applies, in respect of the part of the quarterly period falling before the date on which these Regulations come into force.

(12) Regulation 36D of the 2011 Regulations continues to apply to a relevant report as if those Regulations had not been revoked by these Regulations.

(13) For the purposes of paragraph (12), a “relevant report” means a report in respect of which the 3 month period referred to in regulation 36D(5) or (6) of the 2011 Regulations had not ended before the date on which these Regulations come into force.

(14) In this regulation, “the 2011 Regulations” means the Renewable Heat Incentive Scheme Regulations 2011 .

SCHEDULE 1 — Content of RHI emission certificates

1

The name and address of the testing laboratory by which tests have been carried out.

2

The name and signature of the person authorised by the testing laboratory to issue the certificate.

3

The date of issue of the certificate together with a certificate reference number.

4

Where the testing laboratory is accredited to BS EN ISO/IEC 17025:2005, 17025:2017 or a subsequent version of that standard—

(a) the date of that accreditation; and

(b) the accreditation number.

5

The name, model, manufacturer and installation capacity of the plant tested.

6

The date of the testing.

7

Confirmation that emissions of NOₓ and PM have been tested on the same occasion in accordance with the requirements specified in paragraph 8 or 9.

8

The requirements of this paragraph are that testing is carried out in accordance with the provisions relevant to emissions of PM and NOₓ in BS EN 303-5:2012 or a subsequent version of that standard, whichever version is current at the time of testing.

9

The requirements of this paragraph are that—

(a) testing is carried out in accordance with—

(i) BS 14792:2017 or a subsequent version of that standard in respect of NOₓ emissions; and

(ii) BS EN 13284-1:2017 or BS ISO 9096:2017 or a subsequent version of one of those standards in respect of PM emissions;

(b) the emissions of PM represent the average of at least three measurements of emissions of PM, each of at least 30 minutes duration; and

10

Confirmation that the test was carried out at no less than 85% of the installation capacity of the plant.

11

Confirmation that when tested as specified in paragraphs 7 to 10—

(a) emissions of PM from the plant did not exceed 30 grams of PM per gigajoule net heat input; and

(b) emissions of NOₓ did not exceed 150 grams of NOₓ per gigajoule net heat input.

12

The actual emissions of PM and NOₓ measured when the plant was tested as specified in paragraphs 7 to 10.

13

A list of—

(a) the types of fuel used during the testing; and

(b) the types of fuel which can be used so as to ensure that the emission limits referred to in paragraph 11 are not exceeded.

14

The moisture content of the fuel used during testing and the maximum moisture content which can be used so as to ensure that the emission limits referred to in paragraph 11 are not exceeded.

15

A statement indicating whether or not the plant tested was a manually stoked natural draught plant.

16

A list of plants, other than the plant tested, in the type-testing range of plants to which the certificate applies, if any.

SCHEDULE 2 — Information required for modification of installation capacity, extension applications accreditation or registration

1

(1) This Schedule specifies the information that may be required of an applicant.

(2) The information is, as applicable to the applicant—

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

(b) any company registration number and registered office;

(d) details of a bank account in the applicant's name which accepts pound sterling deposits in the United Kingdom;

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

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

(g) details of the eligible installation owned by the applicant including its cost;

(h) evidence which satisfies the Authority as to the ownership of the eligible installation;

(i) in the case of a plant which is not a replacement plant, evidence that the eligible installation was new at the time of installation;

(ia) in the case of a replacement plant, evidence that any equipment that did not form part of the original plant was new at the time of installation;

(j) where an eligible installation which is not a replacement plant has replaced a plant, details of the plant replaced;

(k) evidence which demonstrates to the Authority's satisfaction the installation capacity of the eligible installation;

(l) in the case of a plant which is a CHP system, evidence which demonstrates to the Authority's satisfaction any capacity to which paragraphs (2) and (3) of regulation 69 apply;

(m) details of the fuel which the applicant is proposing to use;

(n) in relation to applicants generating heat from biomass, notification as to whether the applicant is proposing to use solid biomass contained in waste and, if so, whether or not the applicant is regulated under the Environmental Permitting (England and Wales) Regulations 2010 , the Environmental Permitting (England and Wales) Regulations 2016 , or the Environmental Authorisations (Scotland) Regulations 2018;

(o) where the plant is a ground source heat pump or air source heat pump, evidence which demonstrates to the Authority's satisfaction—

(i) that the heat pump meets a coefficient of performance of at least 2.9;

(ii) in relation to an application for accreditation after 28th May 2014, evidence that the heat pump has been designed and installed to operate with a seasonal performance factor of at least 2.5;

(p) in the case of a ground source heat pump in respect of which an application for accreditation is made on or after 28th May 2014, a declaration from the installer that the size of the heat pump has been determined appropriately for the planned heat use;

(q) in the case of a ground source heat pump in respect of which an application for accreditation is made on or after 28th May 2014 and which is capable of heating and cooling, a declaration from the installer—

(i) as to the design heat load;

(ii) that the design heat load has been calculated according to BS EN 12831-1:2017 or a subsequent version of that standard; and

(iii) as to the outdoor temperatures used in the calculation of the design heat load;

(r) in the case of a shared ground loop system—

(i) evidence and declarations as specified under paragraphs (o) and (p) in relation to each ground source heat pump which forms part of the shared ground loop system;

(ii) where a ground source heat pump is not installed in domestic premises, declarations as specified under paragraph (q);

(iii) evidence which demonstrates to the Authority's satisfaction that the shared ground loop system has been designed and installed to operate with a seasonal performance factor of at least 2.5;

(iv) where a ground source heat pump which forms part of the shared ground loop system is installed in domestic premises—

(aa) information about the ground source heat pump or any meters installed in relation to it which, if so requested by the Authority, is provided by the installer responsible for the installation of the ground source heat pump, by the certified installer responsible for, or who checked, the installation of the meters, or by the applicant and verified by the relevant installer;

(bb) a copy of any EPC or the unique reference number for any EPC specified by the Authority for any of the properties to which the ground source heat pump provides heat;

(cc) if the EPC referred to in paragraph (bb) includes a recommendation report that recommends the installation of loft or cavity wall insulation and the Authority is not satisfied that the loft or cavity wall insulation cannot be installed in the property for a reason set out in regulation 11(5)(c), details of a new EPC for the property which no longer includes a recommendation report that recommends the installation of that insulation;

(s) in respect of a biogas installation or a biomethane producer, details of the feedstock which the producer of the biogas which is to be used to generate heat or produce biomethane is proposing to use;

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

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

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

(w) details of the size and annual turnover of the applicant's organisation;

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

(y) where regulation 18 applies, evidence from the installer that the requirements specified in that regulation are met;

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

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

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

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

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

(v) where—

(aa) an eligible installation has an installation capacity of 1MWth or above; or

(bb) regulation ... 23 applies,

if so requested by the Authority, an independent report by a competent person verifying that such of those requirements as the Authority may specify have been met;

(aa) in relation to plant generating heat from solid biomass, either—

(i) evidence which demonstrates to the satisfaction of the Authority that an RHI emission certificate has been issued in relation to that plant; or

(ii) evidence which demonstrates to the satisfaction of the Authority that an environmental permit subsists in relation to that plant;

(bb) evidence from the relevant planning authority that—

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

(ii) planning permission is not required;

(cc) such other information as the Authority may require to enable it to consider the applicant's application for accreditation or registration.

(dd) evidence which demonstrates to the satisfaction of the Authority that—

(i) any necessary environmental permit has been granted; or

(ii) an environmental permit is not required.

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

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

(5) For the purposes of sub-paragraph (2)(o)(ii)—

(a) where the heat pump has an installation capacity of 45kWth or below, a declaration from the installer may be accepted as evidence that the heat pump was designed and installed to operate with a seasonal performance factor of at least 2.5 where the declaration states that the seasonal performance factor was calculated in line with the methodology used in version 1.0 of the document entitled “MCS 026 Seasonal Coefficient of Performance Calculator” published on 1st May 2015 ;

(b) where the heat pump has an installation capacity of more than 45kWth, a declaration by the installer that the heat pump has been designed and installed to operate with a seasonal performance factor of at least 2.5 may be accepted as evidence of that fact, provided that the installation design and supporting calculations are retained by the appliant and can be provided to the Authority on request.

SCHEDULE 3 — Greenhouse gas criteria

1

Solid biomass, biogas or biomethane meets the greenhouse gas criteria if the lifecycle greenhouse gas emissions associated with each consignment of that solid biomass, biogas or biomethane are less than or equal to 34.8g of CO2 eq per MJ of heat generated (in the case of solid biomass or biogas) or biomethane injected.

2

Lifecycle greenhouse gas emissions are to be calculated as follows—

(a) where heat and power are generated from solid biomass or biogas, the following formula must be used—

$Ε η h ( C h × η h η e l + C h × η h )$

(b) where heat (and not heat and power) is generated from solid biomass or biogas, the following formula must be used—

$E η h$

3

For the purposes of paragraph 2—

$η h$

(i) H is the heat produced by the plant in the form of liquid or steam from all fuels used in that plant; and

(ii) F is the energy content of all those fuels;

$η e l$

(i) A is the total amount of electricity generated by the plant from all the fuels used by that plant; and

(ii) F is the energy content of all those fuels;

$C h$

(i) where the temperature (T) is less than 423 kelvin, 0.3546; and

(ii) in any other case,

(d) E is the greenhouse gas emissions expressed in grammes of CO2 eq per MJ of heat produced, from the production of the biomass, biogas or biomethane and calculated—

(i) using the actual value method in the case of participants producing biomethane for injection or using heat for a process in an accredited RHI installation with an installation capacity of 1MWth or above; or

(ii) in all other cases, using the actual value method or the default value method.

4

In this Schedule—

SCHEDULE 4 — Land criteria

PART 1 — Interpretation

1

In this Schedule, material is added to solid biomass for an exempt purpose if—

(a) it is added for the purpose of the use of that solid biomass as a fuel, in order to—

(i) act as a binding agent; or

(ii) reduce emissions of dust, carbon dioxide, methane or nitrous oxide from the use of the fuel; and

(b) it does not exceed 2% of the weight of the fuel.

2

In this Schedule—

“continuously forested area” means land of an area of more than one hectare which includes—trees more than five metres tall providing a tree canopy cover of more than 30%; ortrees collectively having the capacity to provide a tree canopy cover of more than 30% which—are more than five metres tall; orhave the capacity to grow to a height of more than five metres;

“designated for nature protection purposes” means designated pursuant to the law of the United Kingdom or of any part of the United Kingdom or pursuant to the law of any country or territory outside the United Kingdom, for the purpose of protecting the natural environment;

“highly biodiverse grassland” is to be construed in accordance with Article 17(3)(c) of Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC ;

“primary forest” means woodland of native species, where there is no clearly visible indication of human activity and ecological processes are not significantly disturbed; and

“wetland area” means land that is covered with or saturated by water—permanently; orfor a significant part of the year.

3

For the purposes of this Schedule—

(a) solid biomass was obtained from a former continuously forested area if the land—

(i) was a continuously forested area at any time during January 2008; and

(ii) was not a continuously forested area when the solid biomass was obtained from it.

(b) solid biomass was obtained from a former wetland area if the land—

(i) was a wetland area at any time during January 2008; and

(ii) was not a wetland area when the solid biomass was obtained from it.

PART 2 — Land criteria for solid biomass which is wood or wholly derived from wood, excluding energy crops

4

Solid biomass which is wood or wholly derived from wood (except energy crops) meets the land criteria if—

(a) at least 70% of the consignment was obtained from a sustainable source;

(b) where more than one consignment is used in a quarterly period, at least 70% of the solid biomass used was obtained from a sustainable source; or

(c) the solid biomass was certified under an environmental quality assurance scheme which ensures that at least 70% of the solid biomass certified by that scheme was obtained from a sustainable source.

5

(1) For the purposes of paragraph 4, solid biomass which is wood or wholly derived from wood (except energy crops) is obtained from a sustainable source if it—

(a) was grown within an area of forest or of other land which is managed—

(i) in a way that is consistent with—

(aa) the Forest Europe Sustainable Forest Management Criteria; or

(bb) a set of international principles for the sustainable management of land which meet the requirements specified in sub-paragraph (2); and

(ii) to meet the requirements specified in sub-paragraph (4);

(b) was residue from arboriculture carried out in an area which was not a forest; or

(2) The requirements specified in this sub-paragraph are that—

(a) the principles have been adopted following a process (“the principle-setting process”) which sought to—

(i) obtain a balanced representation of the views of interest groupings;

(ii) ensure that no single interest grouping could dominate the principle-setting process; and

(iii) ensure that no decision on the contents of the principles could be made in the absence of agreement from a majority within each interest grouping involved in the principle-setting process; and

(b) the principles can be changed by a process (“the change process”) which seeks to ensure that—

(i) no single interest grouping can dominate the change process; and

(ii) no decision on changes to the principles can be made in the absence of agreement from a majority within each interest grouping involved in the change process.

(3) For the purposes of sub-paragraph (2), each of the following is an interest grouping in relation to an area of forest or of other land where the solid biomass was grown—

(a) persons with interests which are predominantly economic in nature;

(b) persons with interests which are predominantly environmental in nature;

(4) The requirements specified in this sub-paragraph are—

(a) harm to ecosystems is minimised, in particular by—

(i) assessing the impacts of the extraction of wood from the area and adopting plans to minimise any negative impacts;

(ii) protecting soil, water and biodiversity;

(iii) controlling the use of chemicals and ensuring that chemicals are used in an appropriate way;

(iv) wherever possible, using integrated pest management (within the meaning of Article 3(6) of Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides) ; and

(v) disposing of waste in a manner that minimises any negative impacts;

(b) the productivity of the area is maintained, in particular by—

(i) adopting plans to avoid significant negative impacts on productivity;

(ii) adopting procedures for the extraction of wood that minimise the impact on other uses of the area;

(iii) providing for all of the contractors and workers who are working in the area to be adequately trained in relation to the maintenance of productivity; and

(iv) maintaining an adequate inventory of the trees in the area (including data on the growth of the trees and on the extraction of wood) so as to ensure that wood is extracted from the area at a rate which does not exceed its long-term capacity to produce wood;

(c) compliance with the requirement specified in paragraph (b) is monitored, the results of that monitoring are reviewed and planning is updated accordingly;

(d) the health and vitality of ecosystems is maintained, in particular by—

(i) adopting plans to maintain or increase the health and vitality of ecosystems;

(ii) adopting plans to deal with natural processes or events such as fires, pests and diseases; and

(iii) taking adequate measures to protect the area from unauthorised activities such as illegal logging, mining and encroachment;

(e) biodiversity is maintained, in particular by—

(i) implementing safeguards to protect rare, threatened and endangered species;

(ii) conserving key ecosystems in their natural state; and

(iii) protecting features and species of outstanding or exceptional value;

(f) those responsible for the management of the area (and any contractors engaged by them) comply with local and national laws relating to health and safety and the welfare of workers;

(g) those responsible for the management of the area have regard to—

(i) legal, customary and traditional rights of tenure and land use;

(ii) mechanisms for resolving grievances and disputes including those relating to tenure and land use rights, forest or land management practices and working conditions; and

(iii) safeguarding the health and safety and rights of workers;

(h) there is regular assessment of the extent to which those responsible for the management of the area have met the requirements specified in paragraphs (a) to (g).

6

Material added to solid biomass for an exempt purpose shall be disregarded for the purposes of paragraph 4.

7

For the purposes of paragraph 5, “Forest Europe Sustainable Forest Management Criteria” means the criteria for sustainable forest management in Lisbon Resolution L2 of the third Ministerial conference on the Protection of Forests in Europe held in June 1998 .

PART 3 — Land criteria for other solid biomass including energy crops

8

Solid biomass which is not wood or derived wholly from wood, or which is an energy crop, meets the land criteria if it—

(a) was not obtained from a protected source;

(b) was an energy crop in respect of which financial assistance was paid under the Energy Crops Regulations 2000 or under an equivalent financial assistance scheme;

9

Material added to solid biomass for an exempt purpose shall be disregarded for the purposes of paragraph 8.

10

Solid biomass is obtained from a protected source if it is obtained from—

(a) land which at any time during or after January 2008 was primary forest;

(b) except where paragraph 11 applies, land which at any time during or after January 2008 was designated for nature protection purposes;

(d) except where paragraph 12 applies, land which at any time during January 2008 was peatland;

(e) a former continuously forested area; or

(f) a former wetland area.

11

This paragraph applies if the production of the solid biomass did not interfere with the nature protection purposes for which the land was designated.

12

This paragraph applies if the cultivation and harvesting of the solid biomass did not involve the drainage of previously undrained soil.

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