The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2019

Made: 11:00 a.m. on 26th June 2019

Laid before Parliament: 2:00 p.m. on 26th June 2019

Coming into force: 17th July 2019

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

PART 1 — Introduction

Citation and commencement

1

These Regulations may be cited as the Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2019 and come into force on 17th July 2019.

PART 2 — Amendments to the Domestic Renewable Heat Incentive Scheme Regulations 2014

Amendments to the Domestic Renewable Heat Incentive Scheme Regulations 2014

2

The Domestic Renewable Heat Incentive Scheme Regulations 2014[^f00002] are amended in accordance with this Part.

Amendments to Schedule 6 (expenditure for individual technologies)

3

• (1) Schedule 6 is amended as follows.

• (2) In Part 1 (biomass plants), for Table 1 substitute—

• (3) In Part 2 (air source heat pumps), for Table 2 substitute—

• (4) In Part 3 (ground source heat pumps), for Table 3 substitute—

• (5) In Part 4 (solar thermal plants), for Table 4 substitute—

PART 3 — Amendments to the Renewable Heat Incentive Scheme Regulations 2018

Amendments to the Renewable Heat Incentive Scheme Regulations 2018

4

The Renewable Heat Incentive Scheme Regulations 2018[^f00003] are amended in accordance with this Part.

Amendments to regulation 35 (tariff guarantees)

5

• (1) In regulation 35(11), for “The” substitute “In relation to tariff guarantee applications made before 17th July 2019, the”.

• (2) After regulation 35(11) insert—

(11A) In relation to tariff guarantee applications made on or after 17th July 2019, the guaranteed tariff does not apply where— (a) the tariff start date in relation to an accredited RHI installation is earlier than the date given under paragraph (4)(b) or the tariff start date for a producer of biomethane for injection is earlier than the date given in accordance with paragraph (5)(a); (b) the tariff guarantee has been revoked; or (c) the tariff start date in relation to an accredited RHI installation or producer of biomethane for injection is— (i) 183 or more days after the date given in accordance with paragraph (4)(b) or (5)(a); or (ii) after 31st January 2021, whichever is the earlier.

Amendments to Schedule 7 (degression)

6

• (1) Schedule 7 is amended as follows.

• (2) For Table 1 (total expenditure) substitute—

• (3) For Table 2 (forecast for expenditure: plants which generate heat from solid biomass) substitute—

• (4) For Table 3 (forecast for expenditure: CHP systems) substitute—

• (5) For Table 4 (forecast for expenditure: ground source heat pumps and shared ground loop systems with an installation capacity of 100kWth or above) substitute—

• (6) For Table 5 (forecast for expenditure: ground source heat pumps and shared ground loop systems with an installation capacity of below 100kWth and air source heat pumps) substitute—

• (7) For Table 6 (forecast for expenditure: plants which use solar collectors) substitute—

• (8) For Table 7 (forecast for expenditure: plants which generate heat from biogas with a capacity below 600kWth) substitute—

• (9) For Table 8 (forecast for expenditure: producers of biomethane for injection and plants which generate heat from biogas with a capacity of 600kWth and above) substitute—

• (10) For Table 9 (forecast for expenditure: deep geothermal plants) substitute—

Signed

Chris Skidmore — Minister of State — Department for Business, Energy and Industrial Strategy — 11:00 a.m. on 26th June 2019

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

This instrument amends the Domestic Renewable Heat Incentive Scheme Regulations 2014 (“the 2014 Regulations”) and the Renewable Heat Incentive Scheme Regulations 2018 (“the 2018 Regulations”). The 2014 Regulations established the domestic renewable heat incentive scheme, under which owners of plants which generate heat from specified renewable sources in domestic properties may receive payments at prescribed rates (“tariffs”). The 2018 Regulations revoked and replaced the Renewable Heat Incentive Scheme Regulations 2011, which established the non-domestic renewable heat incentive scheme, under which owners of non-domestic plants which generate heat from specified renewable sources, and producers of biomethane for injection, receive payments for heat used for eligible purposes.

Amendments to the 2014 Regulations Part 2 of these Regulations adjusts the expenditure thresholds in the tables in Schedule 6 in order to align the triggers to the latest deployment assumptions. Deployment assumptions means the level of applicants anticipated to apply to the scheme for each technology or group of technologies.

Amendments to the 2018 Regulations Part 3 of these Regulations amends the 2018 Regulations. Regulation 5 amends regulation 35 in order to extend the availability of tariff guarantees to 31 January 2021 where an application is made on or after 17 July 2019. Regulation 6 amends the expenditure thresholds in Schedule 7 in order to align the triggers to the latest deployment assumptions. A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector will be published during summer 2019, and will be available from the Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London, SW1H 0ET. The Explanatory Memorandum will be published alongside the instrument on www.legislation.gov.uk.

Footnotes

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

[^f00002]: S.I. 2014/928 amended by S.I. 2015/143, 2015/145, 2015/1459, 2016/257, 2017/727, 2017/857, 2018/610 and 2018/635.

[^f00003]: S.I. 2018/611 as amended by S.I. 2018/635.