(b) a declaration is made that the plant complies, and will continue to comply, with all local and national laws including those relating to the protection of the environment.

Certification for installation of microgeneration heating equipment

Plants comprising more than one plant

Excluded plants

Replacement plants

55A

(1) Where a replacement plant is installed—

(a) an accreditation application for that plant may be made by the owner of the replacement plant if that person is a participant in relation to the original plant; and

(b) no periodic support payments are payable for the period commencing with the date on which the original plant ceased to provide heat and ending with the day before the date on which the Authority received the accreditation application for the replacement plant.

(1A) An accreditation application under paragraph (1) may be made after Scheme closure.

(2) Where a replacement plant has a greater capacity than the original plant, no periodic support payments may be made in respect of any capacity above that of the original plant.

(3) The tariff to be used for the purpose of calculating periodic support payments for a replacement plant is the tariff which would have applied to the original plant, had it not been replaced.

(4) Where a replacement plant has a lower capacity than the original plant and regulation 63 applies, initial heat (within the meaning given in regulation 63(3), (4) or (5)) is to be calculated using the installation capacity of the replacement plant.

(5) A replacement plant meets the criteria for being an eligible installation if it meets the eligibility criteria applicable as at the date of accreditation of the original plant except that, in the case of a replacement plant which is an installation generating heat from solid biomass, regulation 5 must apply to the replacement plant itself.

Closure of the Scheme to applications

3A

(1) Subject to this regulation—

(a) the Scheme is closed to applications from midnight at the end of 31st March 2021 (“Scheme closure”); and

(b) the Authority must not grant an application where it would result in a tariff start date that falls on or after 1st April 2021.

(2) An applicant under regulation 3B who is granted an extension of time under that regulation may make an application for accreditation under regulation 30 on or before 31st March 2023.

(3) Paragraph (4) applies where, on or after 20th July 2020—

(a) the Authority issues a notice under regulation 35(7) or re-issues such a notice under regulation 35(7A) , (7B), (7C), (8A), (8B) or (8C); and

(b) the notice states a date which falls after Scheme closure as the date by which, for the purposes of the tariff guarantee, the plant must be commissioned or injection of biomethane must commence.

(4) The applicant to whom the notice was issued—

(a) where the notice has been reissued under regulation 35(7B) or (8B), may on or before 31st March 2023 make an application for accreditation under regulation 30 in respect of the plant to which the tariff guarantee relates;

(b) where the notice has been reissued under regulation 35(7C) or (8C), may on or before 31st March 2023 make an application for registration under regulation 32 in respect of the production of biomethane to which the tariff guarantee relates; or

(i) make an application for accreditation under regulation 30 in respect of the plant to which the tariff guarantee relates; or

(ii) make an application for registration under regulation 32 in respect of the production of biomethane to which the tariff guarantee relates.

(5) The Authority must not grant—

(a) an application for accreditation mentioned in paragraph (2) or (4)(a) where it would result in a tariff start date that falls on or after 1st April 2023;

(b) an application for registration mentioned in paragraph (4)(b) where it would result in a tariff start date that falls on or after 1st April 2023;

(c) an application for accreditation or application for registration mentioned in paragraph (4)(c) where it would result in a tariff start date that falls on or after 1st April 2022.

(6) In paragraph (1), “application” means—

(a) an application for accreditation under regulation 30 (including an application for additional RHI capacity but not including an accreditation application under regulation 55A(1));

(b) an application for registration under regulation 32;

(d) an application for preliminary registration under regulation 34;

(e) an application for a tariff guarantee under regulation 35;

(f) an application under regulation 77(1) to be registered in respect of additional biomethane.

Extension applications

3B

(1) This regulation applies where—

(a) a person (“the owner”) has invested significant capital or significant human or material resource in the development of a plant on or before 17th August 2020 (as evidenced by documents provided in accordance with Schedule 2A) with the intention of applying for the plant to be accredited; and

(b) the plant is not expected to be commissioned before Scheme closure.

(2) The owner may apply for an extension of time in which to make an application for accreditation under regulation 30.

(3) An application for extension of time under paragraph (2) (“extension application”) must be made—

(a) on or after 1st March 2021; and

(b) before Scheme closure.

(4) An extension application must be—

(a) in writing in such form as the Authority requires; and

(b) supported by sufficient evidence specified in Schedule 2A to satisfy the Authority that significant capital or significant human or material resource was invested in project development on or before 17th August 2020.

(5) An applicant may not—

(a) amend an extension application; or

(b) make a further extension application in relation to the same plant, without first withdrawing the original application.

(6) The Authority may grant the applicant an extension of time if satisfied that—

(a) the extension application is properly made; and

(b) the applicant has provided the evidence mentioned in paragraph (4).

(7) The Authority may, in granting an extension application, attach such conditions as it considers to be appropriate.

(8) Where the Authority does not grant an extension application, it must notify the applicant in writing that the extension application has been rejected, giving reasons.

(9) For the purpose of paragraph (6)(a), an extension application is properly made if it contains the following information—

(a) the plant’s proposed source of energy and technology;

(b) the date on which the applicant expects the plant to be commissioned;

(d) the expected installation capacity of the plant;

(e) the proposed location of the plant;

(f) evidence as to the proposed heat use;

(g) the applicant’s name and address;

(h) a declaration that the plant will be owned by the applicant, or jointly owned by the applicant and one or more other persons;

(i) such further information specified in Schedule 2 as the Authority may require.

(10) This regulation does not apply in respect of a plant which, when commissioned, will—

(a) generate heat from solid biomass or solid biomass contained in waste with an installation capacity of 1MWth or above;

(b) be a new solid biomass CHP system;

(d) generate heat from biogas with an installation capacity of 600kWth or above;

(e) be a ground source heat pump with an installation capacity of 100kWth or above;

(f) be a shared ground loop system with an installation capacity of 100kWth or above.

(11) In this regulation, “plant” does not include a plant which is additional RHI capacity.

Budget allocation for extension applications

3C

(1) The Secretary of State—

(a) must determine and publish the budget allocation for extension applications (the “budget allocation”) for the 2022/2023 financial year;

(b) may review the budget allocation for that financial year;

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

(2) For the purpose of determining the budget allocation for the 2022/2023 financial year, the Secretary of State must publish—

(a) an estimate of inflation for that financial year; and

(b) load factors applicable for each relevant technology.

(3) The Authority must consider extension applications in the order in which it receives them, and must not grant an extension application where the estimated total extension application commitment for the 2022/2023 financial year would exceed the budget allocation for that year if the extension application were granted.

(4) Following an increase in budget allocation pursuant to paragraph (1)(c), or any decrease in the estimated total extension application commitment resulting from the withdrawal or rejection of an extension application, the Authority must proceed to consider outstanding applications in the order in which they were received.

(5) In this regulation—

“estimated annual payment”, for an extension application, means—

Schedule 2A — Evidence to support extension application

Evidence requirements

1

(1) This Schedule specifies the evidence that an applicant must provide to the Authority to support an extension application.

(2) One item of primary evidence will be considered sufficient evidence to satisfy the Authority that significant capital or significant human or material resource has been invested in project development.

(3) Where primary evidence cannot be provided to support an extension application, the following secondary evidence will be considered sufficient—

(a) two items of Category A evidence; or

(b) one item of Category A evidence and one item of Category B evidence.

(4) Two items of Category B evidence will not be considered sufficient.

(5) All evidence must be dated on or before 17th August 2020.

(6) Evidence which must be both signed and dated must be signed and dated on or before 17th August 2020.

Primary evidence

2

For the purposes of paragraph 1(2), the items of primary evidence are—

(a) signed and dated contract held between two parties for the construction of the plant;

(b) dated evidence of funding secured for the plant, such as a signed loan, funding agreement or similar;

(d) signed and dated fuel supply contract for the plant;

(e) dated acceptance of an offer to connect with the local network operator;

(f) dated invoices for construction works relating to the plant;

(g) dated invoices for the purchase and installation of equipment relating to the plant;

(h) dated invoices for the commissioning of pre-build development work relating to the plant;

(i) dated grant of, or application for, planning permission from the relevant planning authority;

(j) dated evidence from the relevant planning authority that planning permission is not required.

Secondary evidence (Category A)

3

For the purposes of paragraph 1(3)(a), the items of Category A evidence are—

(a) dated correspondence to the relevant planning authority seeking confirmation that the plant does not require planning permission;

(b) a dated enquiry to the local network operator about the grid connection of the plant;

(c) detailed, dated evidence (which can be from within the applicant’s organisation) that the applicant has allocated funding for the development of the plant;

(d) dated evidence that an estimated cost of works has been provided to the applicant.

Secondary evidence (Category B)

4

For the purposes of paragraph 1(3)(b), the items of Category B evidence are—

(a) dated feasibility studies;

(b) detailed, dated architectural drawings of the site showing the location of the plant;

(d) dated evidence of a room-by-room heat loss assessment;

(e) dated evidence of intended heat use.

Estimated cost of works

5

(1) For the purpose of paragraph 3(d), an estimated cost of works must contain the information required by this paragraph.

(2) The information does not need to be contained in a single document but may be contained in multiple documents.

(3) An estimated cost of works must contain—

(a) the legal identity and address of the person providing the estimated cost of works;

(b) the project name; and

(4) In addition, an estimated cost of works must contain at least 7 of the following pieces of information—

(a) the source of energy, technology and proposed installation capacity (in kWth) of the plant;

(b) key contract terms;

(d) itemised list of services (including survey, design and installation) and itemised list of costs for these services;

(e) a statement of the items and services that are not included;

(f) a statement of the site conditions or special circumstances which may result in extra chargeable work;

(g) timetable for supplying goods and carrying out work at the site;

(h) business terms, including the payment method and timetable, and how long the quote will be valid for;

(i) completion dates for the plant;

(j) performance estimate in line with product standards;

(k) explanation of VAT specific to the plant;

(l) carbon intensity comparisons specific to the plant;

(m) illustrations of expected rates of return specific to the plant;

(n) warranty statements.

Metering ...

Interaction with the Renewable Transport Fuel Obligation

32A

(1) This regulation applies in relation to a participant who is a producer of biomethane for injection.

(2) No periodic support payments may be made to the participant in respect of any proportion of biomethane injected in a quarterly period where an RTF certificate has been issued under the Renewable Transport Fuel Obligations Order 2007 in respect of that proportion of biomethane.

(3) In this regulation, “RTF certificate” has the meaning given in section 127 of the Energy Act 2004.

Preliminary accreditation

Preliminary registration of biomethane producers

Tariff guarantees

Biogas produced from feedstock derived from fossil fuel

40A

(1) This regulation applies to—

(a) a participant producing biogas from anaerobic digestion in an accredited RHI installation; or

(b) a participant producing biomethane for injection from biogas made from anaerobic digestion.

(2) The participant may use feedstock derived from fossil fuel only where the contribution of that fossil fuel to the energy content of the biogas does not exceed 10%.

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

(a) the percentage of the energy content of biogas from the fossil fuel component of the feedstock 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 percentage of the energy content of biogas from feedstock derived from fossil fuel; and

(c) the percentage of the energy content of biogas from feedstock derived from fossil fuel is the energy content of the fossil fuel expressed as a percentage of the energy content of the biogas used in that quarterly period to generate heat or produce biomethane.

(4) Without prejudice to paragraph (3)(b), in determining the percentage of the energy content of biogas from feedstock derived from 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 the contribution of feedstock derived from fossil fuel to the energy content of the biogas.

(5) 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 in the production of biomethane, 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 generating heat from biogas

Biomethane producers

Modification of installation capacity — shared ground loop systems

52A

(1) This regulation applies to—

(a) an accredited RHI installation which is a ground source heat pump or a shared ground loop system;

(b) a proposed plant.

(1A) A “proposed plant” is a ground source heat pump or a shared ground loop system which a person (the “relevant person”) proposes to construct and operate and in respect of which either—

(i) the Authority has granted a tariff guarantee;

(ii) the Authority has re-issued a notice under regulation 35(7B) or (8B); and

(iii) no accreditation has been granted under regulation 30; or

(i) the Authority has granted an extension of time to the relevant person under regulation 3B(6); and

(ii) no accreditation has been granted under regulation 30.

(1B) Where this regulation applies to a proposed plant—

(a) the relevant person must notify the Authority of any plan to modify capacity (as defined in paragraph (2)) in accordance with this regulation as if—

(i) references to the accredited RHI installation were references to the proposed plant;

(ii) references to the participant were references to the relevant person;

(b) on receipt of a notification made under paragraph (2)—

(i) the Authority must not review the plan to modify capacity or send the relevant person a written notice under paragraph (6) until the proposed plant has been accredited under regulation 30;

(ii) in the event that either—

(aa) no application for accreditation under regulation 30 in respect of the proposed plant has been made before 1st April 2023; or

(bb) the Authority has rejected an application for accreditation under regulation 30 in respect of the proposed plant,

the Authority must send the relevant person a written notice stating that it will not review the plan to modify capacity.

(2) The participant must notify the Authority on or before 31st March 2023 of any plan to modify the installation capacity of the accredited RHI installation by adding one or more ground source heat pumps in the circumstances set out in paragraph (3) (“plan to modify capacity”).

(3) The circumstances are—

(a) any ground source heat pump to be added to the accredited RHI installation as part of the modification (“additional ground source heat pump”)—

(i) will be commissioned as part of a shared ground loop system; and

(ii) will meet the eligibility criteria set out in regulation 11; and

(b) after the commissioning of any additional ground source heat pump, there will be an increase in the amount of heat in kWhth generated by the accredited RHI installation for eligible purposes.

(3A) A participant must not notify the Authority of any further plan to modify capacity in relation to the same accredited RHI installation without first withdrawing the original plan to modify capacity.

(4) A notification under paragraph (2) must be made in writing to the Authority and must—

(a) provide details of the plan to modify capacity, including—

(i) whether the participant plans to modify the installation capacity under this regulation once only, or twice;

(ii) the total intended installation capacity of the accredited RHI installation following the modification or modifications detailed in the plan (“total intended installation capacity”);

(iii) the date on which the participant expects each additional ground source heat pump to be commissioned (“expected commissioning date”); and

(iv) the amount of heat in kWhth which the participant expects each additional ground source heat pump to generate each year for eligible purposes; and

(b) be supported by—

(i) details of the process by which the participant proposes to modify the installation capacity of the accredited RHI installation;

(ii) such of the information specified in Schedule 2 as the Authority may require;

(iii) a declaration that the information provided by the participant is accurate to the best of the participant’s knowledge and belief; and

(iv) a declaration that the participant will be the owner, or one of the owners, of each additional ground source heat pump or, where the participant will not be the owner, or one of the owners, of an additional ground source heat pump, evidence, in such manner and form as the Authority may request, to enable the Authority to satisfy itself—

(aa) that the participant will be able to comply with their ongoing obligations in respect of the additional ground source heat pump;

(bb) of the matters mentioned in paragraph (7)(ba).

(5) On receipt of a notification under paragraph (2), the Authority may request the participant to provide within a period of no less than four weeks starting with the date of the request—

(a) further information specified in Schedule 2;

(b) evidence of any heat loss calculation used in determining the increase in the amount of heat in kWhth to be generated by the accredited RHI installation for eligible purposes;

(c) evidence to demonstrate to the Authority’s satisfaction that the shared ground loop system is an appropriate size for the total intended installation capacity.

(6) On reviewing a plan to modify capacity, the Authority must send the participant a written notice—

(a) approving or rejecting the plan;

(b) if the plan is rejected, giving reasons; and

(i) that the Authority is satisfied as to the matters mentioned in paragraph (7); and

(ii) the tariff which will apply to the accredited RHI installation in relation to the total intended installation capacity.

(7) The Authority must not approve a plan to modify capacity unless satisfied that—

(a) the circumstances in paragraph (3) apply;

(b) the evidence and information required by paragraphs (4) and (5) have been provided;

(ba) where the participant is not the owner, or one of the owners, of an additional ground source heat pump, the participant has authority from the owner, or one of the owners, of the additional ground source heat pump to—

(i) notify the Authority of the plan to modify capacity; and

(ii) be the participant for the purposes of the Scheme;

(c) the accredited RHI installation will continue to meet the eligibility criteria and should accordingly continue to be accredited;

(d) regulation 52B(4) does not apply;

(da) regulation 52B(4A) does not apply;

(e) where regulation 53(1)(a) or (b) applies, the metering requirements in regulation 24 will be met;

(f) the notification under paragraph (2) was made on or before 31st March 2023.

(8) A participant must notify the Authority within 28 days after modifying the installation capacity of an accredited RHI installation in accordance with a plan approved under this regulation.

(9) A participant may not modify the installation capacity of an accredited RHI installation under this regulation more than twice during the tariff lifetime for that installation.

(10) A notification under paragraph (8) in relation to a modification must contain—

(a) the commissioning date or expected commissioning date for each ground source heat pump added as part of the modification;

(b) the installation capacity of the accredited RHI installation following the modification (“new installation capacity”);

(d) evidence of any heat loss calculation used in determining the increase in the amount of heat in kWhth generated by the accredited RHI installation for eligible purposes.

(11) On receipt of a notification under paragraph (8), the Authority may request the participant to provide, within a period of no less than four weeks starting with the date of the request, additional information in order to be satisfied as to the matters specified in paragraph (12)(a) to (c).

(12) Paragraphs (13) and (14) apply if the Authority is satisfied that, following a modification—

(a) the accredited RHI installation continues to meet the eligibility criteria;

(b) the new installation capacity does not exceed the total intended installation capacity; and

(c) there has not been a material change in circumstances such that, had the plan to modify capacity been notified under paragraph (2) after the change, it would have been rejected.

(13) The Authority must update the central register referred to in regulation 30(9)(c) if appropriate.

(14) Periodic support payments taking account of the amount of heat in kWhth generated for eligible purposes by the ground source heat pump or pumps added as part of the modification, calculated from the date in paragraph (15), are payable in accordance with these Regulations.

(15) The date is the commissioning date for the last ground source heat pump added as part of the modification.

(16) The tariff which will apply to the accredited RHI installation from the first quarterly period following the date in paragraph(15) is—

(a) if as a result of the modification there is no change in the tariff category (as defined in regulation 56), the relevant tariff set out in Schedule 6 determined as at the tariff start date for that installation;

(b) if as a result of the modification there is a change in the tariff category, the relevant tariff set out in Schedule 6.

(17) In calculating the initial tariff or subsequent tariff, “initial heat” in regulation 63(6) must be determined taking into account the installed peak heat output capacity of the ground source heat pump or pumps added as part of the modification.

(18) The addition of any ground source heat pump or pumps to an accredited RHI installation in accordance with a plan approved under this regulation does not alter the tariff end date or the tariff lifetime for that installation.

Budget allocation for modification of installation capacity — shared ground loop systems

52B

(1) The Secretary of State may—

(a) determine and publish a budget allocation for modifying installation capacity under regulation 52A (“budget allocation”) for any of the financial years 2021/2022, 2022/2023 and 2023/2024;

(aa) for the financial years 2022/2023 and 2023/2024, determine and publish those parts of the budget allocation which will be allocated to—

(i) heating a space or water, or heating both a space and water, in domestic premises; and

(ii) all other heat uses;

(b) review the budget allocation for a current or future financial year; and

(2) For the purpose of determining the budget allocation for a financial year, the Secretary of State must publish—

(a) an estimate of inflation for the financial year; and

(b) load factors applicable for each relevant technology.

(3) The Authority must consider plans to modify capacity in the order in which it receives notification of them under regulation 52A(2).

(3A) For the purposes of paragraph (3), a plan to modify capacity notified in relation to a proposed plant is deemed to be received by the Authority on the date the proposed plant becomes accredited under regulation 30.

(4) Where the Secretary of State publishes a budget allocation for a financial year, the Authority must not approve a plan to modify capacity where the estimated total modified capacity commitment for a financial year would exceed the budget allocation for that year if the plan were approved.

(4A) Where the Secretary of State exercises the power in paragraph (1)(aa), paragraph(4) applies as if the reference to the “estimated total modified capacity commitment” were to the part of that sum to be used as set out in paragraph (1)(aa)(i) or (ii) and the reference to “budget allocation” were to the corresponding part of the budget allocation.

(4B) The Authority must not approve a plan to modify capacity in any financial year subsequent to the financial year 2023/2024.

(5) Following an increase in budget allocation pursuant to paragraph (1)(c), or any decrease in the estimated total modified capacity commitment resulting from the withdrawal or rejection of a plan to modify capacity, the Authority must proceed to consider outstanding plans in the order in which it receives notification of them under regulation 52A(2).

(6) In this regulation—

“estimated annual payment”, in relation to a plan to modify the installation capacity of a plant under regulation 52A, means—

Change in circumstances for shared ground loop systems

Changes in ownership of accredited RHI installations

Change of producer of biomethane for injection

54A

(1) This regulation applies where—

(a) a person begins to use equipment to produce biomethane for injection (“new producer”); and

(b) a registered producer of biomethane for injection (“the original producer”) is receiving periodic support payments for the production of biomethane for injection using that same equipment.

(2) No periodic support payment may be made to the new producer until—

(a) the new producer has notified the Authority of the change;

(b) the steps required by paragraph (4) have been completed; and

(c) periodic payments to the original producer for the production of biomethane for injection using the same equipment have stopped.

(3) On receipt of a notification under paragraph (2)(a), the Authority may require the new producer to provide information which the Authority considers necessary for the proper administration of the Scheme.

(4) If the Authority is satisfied that the ongoing obligations will continue to be complied with by the new producer and that the eligibility criteria will continue to be met, the Authority must (subject to regulations 31 and 81(4))—

(a) update the central register referred to in regulation 32(10)(b) by substituting the name of the new producer; and

(b) send the new producer a statement of eligibility including the following information—

(i) the date of registration of the original producer;

(ii) the date on which the new producer is added to the register;

(iii) the tariff which applies;

(iv) the process and timing for providing meter readings, if applicable;

(v) details of the frequency and timetable for periodic support payments; and

(vi) thetariff lifetimeand tariff end date.

(5) The Authority may refuse to register a new producer where it considers that one or more of the applicable ongoing obligations will not be complied with.

(6) The new registered producer must be paid periodic support payments (calculated from the date of receipt of a notification under paragraph (2)(a) until the tariff end date in accordance with these Regulations) if injection of biomethane produced by the new registered producer has commenced.

(7) This paragraph applies where, within the period of 12 months beginning with a change of producer, the Authority becomes aware that a new producer is using equipment to produce biomethane for injection and a registered producer of biomethane for injection is receiving periodic support payments for the production of biomethane for injection using that same equipment, and—

(a) no notification is made under paragraph (2)(a); or

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

(8) If paragraph (7) applies, at the end of the period of 12 months specified in that paragraph—

(a) the original producer will cease to be registered; and

(b) no further periodic support payments may be made in respect of any biomethane produced using that equipment.

(9) The period specified in paragraph (7) may be extended by the Authority where the Authority considers it is just and equitable to do so.

Changes in location of accredited RHI installations

Replacement plants

Adjustment to periodic support payments for use of feedstock derived from fossil fuel in the production of biogas by anaerobic digestion and the production of biomethane

72A

(1) This regulation applies to—

(a) a participant producing biogas from anaerobic digestion in an accredited RHI installation; or

(b) a participant producing biomethane for injection from biogas made from anaerobic digestion.

(2) Where, in accordance with regulation 40A, a participant uses feedstock derived from fossil fuel, the periodic support payment calculated in accordance with regulation 66 or 73 must be reduced pro rata to reflect the percentage of the energy content of biogas from the fossil fuel component of the feedstock used by the participant in the relevant quarterly period.

Periodic support payments to producers of biomethane

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

Calculation of heat loss in certain circumstances

Approval of subsequent versions of standards

2A

The Secretary of State may, in relation to a standard specified in a provision of these Regulations, approve for the purpose of that provision an issue or version of that standard which—

(a) is published on or after 1stApril 2022; and

(b) supersedes the standard specified in that provision.

Renewable heat incentive scheme

Closure of the Scheme to applications

Extension applications

Budget allocation for extension applications

Ongoing obligation in relation to boiler maintenance

47A

(1) This regulation applies to a participant who generates heat from a boiler which uses solid biomass, or solid biomass contained in waste, as fuel.

(2) The participant must—

(a) ensure that, in each payment year, a maintenance check is carried out in relation to the boiler (“annual maintenance check”);

(b) following the end of each payment year, provide to the Authority a declaration stating that—

(i) the annual maintenance check has been carried out; and

(ii) the maintenance standard has been met.

(3) Participants must retain evidence (including service and maintenance invoices, receipts or certificates) of the matters stated in the declaration for the duration of their participation in the Scheme and must provide the Authority with that evidence when requested to do so.

(4) A document issued by HETAS (or an equivalent body) certifying that the boiler has been assessed against a maintenance standard may be accepted as evidence that the maintenance standard has been met.

(5) In this regulation—

(a) “equivalent body” means a certification body which is approved by the Secretary of State under regulation 47B(1)(a);

(b) “equivalent standard” means a document which—

(i) specifies the standards to be met by a participant when carrying out the annual maintenance check of a boiler which uses solid biomass, or solid biomass contained in waste, as fuel; and

(ii) is approved by the Secretary of State under regulation 47B(1)(b);

(d) “MCS 040” means Issue 1.0 of the document entitled “MCS 040: Planned and Preventative Maintenance of Biomass Appliances – Requirements for Maintenance Engineers carrying out Maintenance Activities” published on 30thJune 2021 or a subsequent version of that standard;

(e) “payment year” means any 12 month period beginning on or after 1stApril 2022 commencing with the anniversary of the tariff start date.

Approval of equivalent bodies, equivalent standards and equivalent certification schemes

47B

(1) For the purpose of regulation 47A (ongoing obligation in relation to boiler maintenance), the Secretary of State may approve—

(a) a certification body as an equivalent body if it has a certification scheme for certifying compliance with a maintenance standard;

(b) a standard as an equivalent standard if it matches or exceeds the standards specified in MCS 040.

(2) For the purpose of paragraph 2 of Schedule 4A (solid biomass which is wood: criteria for woodfuel quality), the Secretary of State may approve a standard as an equivalent standard if it matches or exceeds the ENplus A1 standard.

(3) For the purpose of paragraph 3 of that Schedule, the Secretary of State may approve a standard as an equivalent standard if it matches or exceeds a fuel quality standard mentioned in that paragraph.

(4) For the purpose of paragraph 4 of that Schedule, the Secretary of State may approve a certification scheme which matches or exceeds the Woodsure Certification Scheme as an equivalent certification scheme.

(5) The Secretary of State must publish details of any equivalent body, equivalent standard or equivalent certification scheme approved under this regulation and the date from which the approval takes effect.

(6) The Secretary of State may revoke an approval given under this regulation by publishing a notice specifying the date from which the approval is revoked.

(7) An equivalent body or equivalent certification scheme may not certify compliance with an equivalent standard developed by that body or scheme.

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

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

Ongoing obligation to submit sustainability audit reports

Schemes for listing approved sustainable fuels

SCHEDULE4A — Solid biomass which is wood: Criteria for woodfuel quality

1

This Schedule applies to solid biomass (excluding solid biomass contained in waste) which—

(a) is woodfuel; and

(b) is used to generate heat in an accredited RHI installation.

2

Subject to paragraph 2A, all wood pellets must meet the ENplus A1 standard , a subsequent version of that standard or an equivalent standard.

3

All other woodfuel must meet—

(a) fuel quality standard EN 15234-1:2011, ISO 9001:2015 or ISO 17225-4:2021;

(b) a subsequent version of one of those standards; or

4

All woodfuel must be certified by the Woodsure Certification Scheme or an equivalent certification scheme as meeting the standard in—

(a) subject to paragraph 4A, paragraph 2;

(b) paragraph 3.

5

The certification scheme must provide assurance of the supply chain of the woodfuel.

6

In this Schedule, “woodfuel” means—

(a) woodchip;

(b) logs;

(d) wood briquettes,

regardless of whether the wood will undergo any other process before burning.

Interpretation

51A

In this Part, “proposed plant” has the meaning given in regulation 52A(1A).

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

Modification of installation capacity — shared ground loop systems

Budget allocation for modification of installation capacity — shared ground loop systems

Change in circumstances for shared ground loop systems

Changes in ownership of accredited RHI installations

Change of producer of biomethane for injection

Changes in location of accredited RHI installations

Replacement plants

2A

The requirement in paragraph 2 is disapplied—

(a) for a period of 12 months beginning with the day on which the Renewable Heat Incentive Scheme (Amendment) (No. 2) Regulations 2022 come into force;

(b) for any period specified in a notice under paragraph 2B.

2B

(1) If the Secretary of State considers that there is a significant disruption or a threat of a significant disruption to the supply of wood pellets to Great Britain, the Secretary of State may by notice temporarily disapply the requirement in paragraph 2.

(2) Before disapplying the requirement, the Secretary of State must—

(a) obtain the consent of the Scottish Ministers; and

(b) consult the Welsh Ministers.

(3) A notice under sub-paragraph (1) must specify the period for which the requirement will be disapplied, which must not be longer than 12 months.

(4) The Secretary of State must publish a notice under sub-paragraph (1) in such manner as the Secretary of State considers appropriate.

4A

Paragraph 4(a) does not apply for any period for which the requirement in paragraph 2 is disapplied.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.