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The Green Gas Support Scheme Regulations 2021

Type Statutory-Instrument

Publication 2021-11-29

Last updated 2025-11-01

State In force

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(ii) the Authority’s reason for imposing the financial penalty,

(iii) the basis on which the Authority determined the amount of the financial penalty,

(iv) the date by which the financial penalty must be paid, being a date not less than 42 days after the date the penalty notice is served on the scheme supplier, and

(v) how the payment must be made, and

(b) include information about—

(i) the matters mentioned in regulation 54 (interest on late payments), and

(ii) appeals under regulation 60.

(5) Any monies received by the Authority pursuant to this regulation must be paid into the Consolidated Fund.

(6) The Authority must publish a penalty notice as soon as reasonably practicable.

(7) Where, at any time before a financial penalty is due to be paid, the Authority ceases to be satisfied that the scheme supplier is liable for that penalty, it must serve a further notice on the scheme supplier—

(a) withdrawing the penalty notice, or

(b) modifying the penalty notice.

(8) The Authority must—

(a) determine and publish a statement of its policy with respect to the imposition of financial penalties under this regulation and the determination of their amount,

(b) keep the statement under review and, where the statement is revised or replaced as a result of such a review, publish the revised or replacement statement, and

(c) have regard to such statement as is published under this paragraph and in force at the time of the scheme supplier’s provision of false or misleading information or failure to comply with an obligation referred to in paragraph (1)(b) (as the case may be), in exercising, or deciding whether to exercise, its power under this regulation.

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

(a) “relevant turnover”, in relation to a scheme supplier, means—

(i) the scheme supplier’s turnover for the financial year preceding the financial year in which the penalty notice is served, or

(ii) where the scheme supplier has not published or prepared accounts in relation to the whole of that financial year, the scheme supplier’s turnover calculated as follows—

where—

(aa) DFY is the number of days in the financial year,

(bb) DA is the number of days in the financial year for which the scheme supplier’s accounts are available,

(cc) T is the scheme supplier’s turnover in relation to the number of days referred to in sub-paragraph (bb), and

(b) “turnover” has the meaning given in section 474(1) of the Companies Act 2006[^f00035].

Recovery of unpaid amounts as a civil debt

58

The following are recoverable, as a civil debt, by the Authority if not paid by the date on which they are due—

(a) a quarterly levy payment,

(b) a levy credit payment,

(d) a backdated levy payment,

(e) a mutualisation payment,

(f) a financial penalty,

(g) any interest due in accordance with regulation 54.

Default register

59

(1) The Authority must publish and maintain a register containing the information described in paragraph (2) (a “default register”), and ensure, so far as practicable, that entries in the default register are accurate and up to date.

(2) Where a scheme supplier fails to pay a quarterly levy payment, a levy credit payment, a payment of additional credit cover, or a mutualisation payment by the date on which that payment is due, the Authority must publish the following information in relation to that scheme supplier in the default register as soon as reasonably practicable —

(a) their name,

(b) whether they have failed—

(i) to pay a quarterly levy payment, a levy credit payment, a payment of additional credit cover, or a mutualisation payment,

(ii) to pay interest due in accordance with regulation 54,

(d) any financial penalty,

(e) any other information in relation to their compliance with these Regulations that the Authority considers appropriate.

(3) Where—

(a) the Authority publishes any information under paragraph (2) in relation to a failure by a scheme supplier to pay a quarterly levy payment, a levy credit payment, a payment of additional credit cover, or a mutualisation payment, and

(b) the Authority determines that they are an exempt supplier in relation to the scheme year in which the liability to make that payment arose,

the Authority must amend the entry in the default register to record that they are an exempt supplier, and the date on which they were determined to be an exempt supplier.

(4) Any information published in accordance with paragraph (1) must be published for a minimum period of one year, or such longer period as the Authority determines.

Appeals

60

(1) A scheme supplier served with an enforcement notice or a penalty notice may appeal to the relevant court—

(a) in the case of an enforcement notice, on the grounds that—

(i) the decision to serve the notice was not within the power in regulation 53 or, in the case of an anticipated default notice which is deemed to be an enforcement notice by virtue of regulation 52(7), the decision to serve the anticipated default notice was not within the power in regulation 52,

(ii) a requirement of regulation 52 or regulation 53 (as the case may be) has not been complied with by the Authority in relation to the enforcement notice,

(b) in the case of a penalty notice, on the grounds that—

(i) the decision to serve the notice was not within the power in regulation 57,

(ii) it was unreasonable of the Authority to require the financial penalty to be paid by the date specified in the notice,

(iii) a requirement of regulation 57 has not been complied with by the Authority in relation to the penalty notice.

(2) An appeal under paragraph (1) must be brought within 42 days of the date of service of the notice.

(3) A notice in respect of which an appeal is brought is suspended, pending determination of the appeal.

(4) For the purposes of paragraph (1), “the relevant court” means—

(a) in England and Wales, the High Court,

(b) in Scotland, the Court of Session.

(5) On the hearing of an appeal the court may—

(a) quash the notice,

(b) affirm the notice, whether in its original form or with such modification as the court sees fit,

(6) The validity of an enforcement notice or a penalty notice may not be questioned by any legal proceedings on the grounds mentioned in paragraph (1)(a)(ii) or (b)(iii), other than as provided for by this regulation.

Application of this Part in relation to former scheme supplier

61

If a scheme supplier ceases to be a scheme supplier, the Authority may commence or continue compliance or enforcement action under this Part in relation to any breach of these Regulations by them which occurred in relation to any scheme year in which they were a scheme supplier, and they are a scheme supplier for the purposes of any such action.

PART 11 — Administrative functions of the Authority

Right of review

62

(1) Any applicant, participant 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 to be 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 give a notice to the applicant, participant or former participant (as the case may be), and to any other person who is in the Authority’s opinion affected by its decision on the review, setting out its decision with reasons.

Publication of guidance and scheme schedule

63

(1) The Authority must publish procedural guidance to applicants, participants and scheme suppliers in connection with the administration of the Scheme.

(2) The Authority must publish an administrative timetable (a “scheme schedule”)—

(a) for the period beginning with 1st February 2022 and ending with 31st March 2023, by 1st February 2022,

(b) for the scheme year beginning with 1st April 2023 and each subsequent scheme year, by 1st February preceding the start of the scheme year.

(3) A scheme schedule—

(a) must set out each date which the Authority is required to specify for the purposes of regulations 38(3)(a)(ii), (10)(b) and (11), 40(2), 45(2)(a) and (b), and 48(3) (a “variable date”), and

(b) may set out any other date prescribed in Part 7.

(4) The Authority may change a variable date in a published scheme schedule and, if it does so, must publish the change at least one month before the change is to take effect.

Provision of information to the Authority etc

64

(1) Where under these Regulations the Authority requests information or a declaration from an applicant, a participant, a scheme supplier, or a licensed gas supplier who is not a scheme supplier, or where any such person 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, participant’s, scheme supplier’s or licensed gas supplier’s knowledge and belief, and

(b) the costs of providing the information are to be borne by that applicant, participant, scheme supplier or licensed gas supplier.

(2) When exercising any functions under these Regulations the Authority may treat any declaration given by an applicant, a participant, a scheme supplier, or a licensed gas supplier who is not a scheme supplier, as conclusive evidence of the matters to which that declaration relates, unless the Authority considers that any such declaration is not accurate.

Reporting obligations

65

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

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

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

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

(iii) sustainability information provided in accordance with regulation 12(6), (7) and (8),

(b) the names of any applicant, participant, or former participant requesting a review under regulation 62, and

(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 seven working days of the end of that month.

(3) The Authority must publish—

(a) a quarterly report, in respect of each quarter, within one month of the end of the quarter, and

(b) an annual report, in respect of each scheme year, by 31st July following the end of the scheme year.

(4) Each annual report must contain current information relating to the scheme year covered by the report, and the period beginning with 30th November 2021 and ending with the start of that scheme year, as to—

(a) the number of participants,

(b) the volume of biomethane produced for injection by those participants, including any additional biomethane in respect of which those participants are registered,

(d) the number of scheme suppliers and, of those, the number who are provisionally exempt scheme suppliers,

(e) the sum of the quarterly levy payments paid by those scheme suppliers, and

(f) the number of occurrences of—

(i) any scheme supplier failing to pay—

(aa) a quarterly levy payment,

(bb) a levy credit payment,

(cc) a payment of additional credit cover,

(dd) a mutualisation payment,

(ii) any scheme supplier making a payment mentioned in paragraph (i) after the due date, and the average number of days by which such payments were delayed, and

(iii) the Authority—

(aa) drawing down credit cover in accordance with regulation 55,

(bb) carrying out a mutualisation process.

(5) Each quarterly report must contain current information relating to the quarter covered by the report, and the period beginning with 30th November 2021 and ending with the start of that quarter, as to the matters referred to in paragraph (4)(a) to (e), and may contain such information as to the matters referred to in paragraph (4)(f).

(6) Any data which includes the meter point reference number of a customer of a scheme supplier or a former scheme supplier and which may be, or is required to be, reported or published by or under this regulation, must be reported or published (as the case may be) in anonymised form.

(7) In paragraph (6)—

(a) “anonymised form” means that the data is in a form calculated to prevent the data from being identified as relating to a particular person or property,

(b) “customer” in relation to a scheme supplier or a former scheme supplier, means a person who is or has been supplied with gas by that supplier.

Additional information

66

On request by 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.

Power to use and disclose information

67

(1) This regulation applies to a person (“P”) who holds relevant information, including where P holds that information as a result of disclosure made in accordance with paragraph (3).

(2) P may only use relevant information where it is necessary—

(a) for the purpose of carrying out a function under these Regulations,

(b) for the purpose of monitoring compliance with these Regulations,

(3) Subject to paragraph (5), P may only disclose relevant information to another person (the “recipient”) where it is necessary for the recipient to have the information—

(a) for the purpose of carrying out a function of the recipient under these Regulations,

(b) for the purpose of monitoring compliance with these Regulations,

(4) Disclosure which is authorised by this regulation does not breach—

(a) an obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(5) This regulation does not limit the circumstances in which information may otherwise lawfully be disclosed under any other enactment or rule of law.

(6) For the purposes of this regulation, “relevant information” means information provided by an applicant, a participant, a former participant, a licensed gas supplier, a scheme supplier, or a former scheme supplier in accordance with these Regulations.

Notices

68

(1) Any notice or notification required to be given or served under these Regulations must be in writing and may be sent by electronic means, including by sending it to an email address provided by the addressee for the purposes of these Regulations.

(2) Any such notice or notification required to be given to or served on an applicant, a participant, a former participant, a scheme supplier, or a former scheme supplier (“P”) may be given or served by—

(a) delivering or sending it to, or leaving it at—

(i) P’s registered office (where applicable),

(ii) P’s principal place of activity, or

(iii) another address specified by P as their address for service, or

(b) electronic means, including by sending it to an email address provided by P for the purposes of these Regulations.

SCHEDULE 1 — Information required for registration

1

This Schedule specifies the information that may be required of an applicant for registration.

2

The information is (as applicable to the applicant)—

(a) name and telephone number,

(b) any company registration number,

(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 an organisation, evidence which satisfies the Authority that the individual has authority from the organisation to make the application on its behalf,

(g) details of the feedstock which the producer of the biogas which is to be used to produce biomethane is proposing to use,

(h) where the applicant is an organisation, details of the size and annual turnover of the organisation,

(i) evidence which demonstrates to the satisfaction of the Authority that the equipment used to produce biomethane to which the applicant’s tariff guarantee applies has been commissioned,

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

(i) any necessary environmental permit has been granted, or where regulation 6(5)(d)(ii) applies, has been applied for and the application has been accepted by the Environment Agency, the Natural Resources Body for Wales, or the Scottish Environment Protection Agency, as appropriate, or

(ii) an environmental permit is not required,

(k) information relating to the costs of purchasing and installing the equipment used to produce biomethane, and the cost of the connection whereby the biomethane is injected into the pipe-line system,

(l) information relating to the connection whereby the biomethane is injected into a pipe-line system, and which must be submitted by the participant to a person appointed in accordance with regulation 13 for the purposes of an audit,

(m) confirmation, in such form as the Authority may require, that the applicant will comply with the requirements relating to digestate set out in regulation 9(13), and

(n) such other information as the Authority may require to enable it to consider the application for registration.

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.

SCHEDULE 2 — Approval of schemes for listing sustainable fuels

1

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

2

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

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

(i) are feedstocks used to produce biomethane,

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

(iii) are available to be supplied to participants,

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

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

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

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

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

(f) requires suppliers of listed feedstocks to—

(i) store listed feedstocks separately from other feedstocks supplied by them which are not so listed, and

(ii) provide documentary evidence of the authorisation number or other means of identification when supplying an approved feedstock,

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

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

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

(ii) any feedstock which has ceased (other than temporarily) to be available,

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

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

3

The requirements in this paragraph are—

(a) that the feedstock meets the greenhouse gas criteria, and

(b) that any feedstock which is included in the list meets the land criteria.

4

The requirement in this paragraph is that the feedstock is, or is wholly derived from, waste.

5

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

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

(b) received by a participant before that date,

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

6

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

7

Where approval is revoked in accordance with paragraph 6, any feedstock listed under the scheme which has been supplied to a participant before the date on which the approval is revoked is treated as an approved sustainable fuel for the purposes of these Regulations.

8

In this Schedule—

(a) “greenhouse gas criteria” has the meaning given in regulation 12(10)(a),

(b) “land criteria” has the meaning given in regulation 12(10)(d).

SCHEDULE 3 — Land criteria

PART 1 — Interpretation

1

(1) 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” means highly biodiverse grassland that is—natural, namely grassland that would remain grassland in the absence of human intervention and which maintains the natural species composition and ecological characteristics and processes, ornon-natural, namely grassland that would cease to be grassland in the absence of human intervention and which is species-rich and not degraded, unless evidence is provided that the harvesting of the raw material is necessary to preserve its grassland status;

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

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

(2) For the purposes of this Schedule—

(a) material is added to solid biomass for an exempt purpose if—

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

(aa) act as a binding agent, or

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

(ii) it does not exceed 2% of the weight of the fuel,

(b) 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.

(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

2

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 quarter, 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.

3

(1) For the purposes of paragraph 2, 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, 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, and

(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).

4

Material added to solid biomass for an exempt purpose is disregarded for the purposes of paragraph 2.

5

For the purposes of paragraph 3—

(a) “integrated pest management” means careful consideration of all available plant protection methods and subsequent integration of appropriate measures that discourage the development of populations of harmful organisms and keep the use of plant protection products and other forms of intervention to levels that are economically and ecologically justified and reduce or minimise risks to human health and the environment,

(b) “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[^f00036].

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

6

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[^f00037] or under an equivalent financial assistance scheme, or

7

Material added to solid biomass for an exempt purpose is disregarded for the purposes of paragraph 6.

8

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 9 applies, land which at any time during or after January 2008 was designated for nature protection purposes,

(d) except where paragraph 10 applies, land which at any time during January 2008 was peatland,

(e) a former continuously forested area, or

(f) a former wetland area.

9

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

10

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

Signed

Callanan — Parliamentary Under Secretary of State — Department for Business, Energy and Industrial Strategy — 2021-11-29

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations, which apply in Great Britain, establish the Green Gas Support Scheme (“the Scheme”) which runs to 31st March 2041.

The Scheme is a renewable heat incentive scheme to facilitate and encourage the production of biomethane by anaerobic digestion, for injection into the gas grid. To that extent the Scheme replaces the Renewable Heat Incentive Scheme, set out in the Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), which closed to new applicants, with some exceptions, on 31st March 2021.

The Scheme supports the production of biomethane through a tariff based mechanism, and is funded by levy payments from fossil fuel suppliers.

The Regulations confer functions on the Gas and Electricity Markets Authority (“the Authority”) in relation to the administration of the Scheme.

Part 2 (registration of participants and tariff guarantees) sets out the process by which a person who produces, or proposes to produce, biomethane for injection by anaerobic digestion can apply to be registered as a participant in the Scheme in relation to that production using specified equipment used to produce biomethane (that is, equipment including at least one anaerobic digester).

It provides that the person must first make an application to the Authority for a tariff guarantee. The effect of the tariff guarantee, if granted, is that once they are registered as a participant, they are entitled to be paid the initial tariff that applied on the date of their application for the tariff guarantee (rather than the initial tariff applicable on the date on which they become registered as a participant). It also provides for registered participants to apply to be registered in relation to additional biomethane capacity. The final date on which an applicant may be registered as a participant, and a participant can be registered in relation to additional biomethane, under the Scheme is 30th November 2025.

Part 3 (ongoing obligations on participants) sets out the obligations on participants, including in relation to: the feedstock from which the biomethane may be produced, the spreading of digestate generated from anaerobic digesters, the provision of information to the Authority, and the requirement to produce sustainable biomethane and to submit sustainability audit reports to the Authority.

Part 4 (changes affecting participants) provides for the Authority to review a participant’s registration following a change of circumstances. It also sets out the circumstances in which a person who starts to use equipment to produce biomethane, where that equipment was previously used by a registered participant, can become registered instead as the participant. And it provides for a participant to withdraw from the Scheme.

Part 5 (periodic support payments) sets out a participant’s entitlement to periodic support payments for 15 years from the date of their registration as a participant, and sets out the mechanisms by which initial and subsequent tariffs are calculated.

Part 6 (enforcement: participants) provides for the Authority to take action in the event that a participant fails to comply with an ongoing obligation, or was registered as a participant on the basis of information which was incorrect in a material particular. The Authority may: withhold or reduce a participant’s periodic support payments, correct the level of tariff being paid to a participant, revoke a participant’s registration, and recover overpayment of periodic support payments.

Part 7 (the levy) provides that licensed gas suppliers who are fossil fuel suppliers are “scheme suppliers” and liable to make levy payments to the Authority. But it provides that, where the Authority is satisfied that at least 95% of the gas supplied by them in a year was biomethane, a licensed gas supplier is not a scheme supplier in relation to that year, but is an exempt supplier. It sets out the mechanism by which a supplier must notify the Authority, before the start of a year, if they consider it is likely they will be an exempt supplier, and by which the Authority will determine, after the end of the year, whether the supplier is in fact exempt.

Part 7 requires scheme suppliers to lodge levy credit payments, or provide letters of credit, and to make quarterly levy payments in arrears. It provides for the Secretary of State to calculate a levy rate each year, based on factors including the projected scheme expenditure on periodic support payments for that year, and sets out the mechanism by which the Authority calculates the quarterly levy payments of each scheme supplier, based on the number of meter points served by them.

Part 8 (additional obligations on scheme suppliers) sets out the obligations on scheme suppliers to provide information to the Authority, including information about the number of meter points served by them.

Part 9 (changes affecting scheme suppliers) provides that, where a scheme supplier was a provisionally exempt supplier in relation to a year but is not subsequently determined to be an exempt supplier in relation to that year, they are required to make a backdated levy payment in relation to that year. It provides that where a supplier is confirmed to be an exempt supplier in relation to a year, but had not been a provisionally exempt supplier in relation to that year, the Authority must make a refund payment to them in relation to that year. And it provides for a scheme supplier to cease to be a scheme supplier (other than by virtue of being a provisionally exempt or exempt supplier) and for the payment to the Authority, or to the former scheme supplier, of any sums due as a result.

Part 10 (compliance and enforcement: scheme suppliers) provides for the Authority to serve enforcement notices where it is satisfied that a scheme supplier has failed to make payments under the Regulations, to recover sums due together with interest. It makes provision for the Authority to draw down a scheme supplier’s credit cover to settle the amount outstanding. And, where the amount of a scheme supplier’s credit cover is insufficient to cover the amount outstanding, it provides for the Authority to carry out a mutualisation process, whereby the outstanding amount is recovered from the other scheme suppliers. It also provides for the Authority to serve penalty notices where a scheme supplier is in breach of an obligation under the Regulations, and for unpaid amounts to be recovered as a civil debt. It provides for the Authority to maintain a public register of suppliers’ default, and for scheme suppliers to appeal to the High Court in England and Wales, and the Court of Session in Scotland, against the imposition of an enforcement notice or a penalty notice.

Part 11 (administrative functions of the Authority) enables any applicant, participant or former participant to apply to the Authority for a review of any decision affecting them. It requires/enables the Authority to publish guidance in relation to the administration of the Scheme, and requires the Authority to report on the operation of the Scheme to the Secretary of State.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department for Business, Energy and Industrial Strategy at 1 Victoria Street, London, SW1H 0ET and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

Footnotes

[^f00001]: 2008 c. 32. Section 100 was amended by section 51 of the Infrastructure Act 2015 (c. 7) and by S.I. 2011/2195.

[^f00002]: Section 105 (parliamentary control of subordinate legislation) was amended by section 51 of the Infrastructure Act 2015 which inserted subsections (3A) to (3I) concerning provisions which require the affirmative resolution procedure.

[^f00003]: 2006 c. 32. Section 148A, which was added by section 55(1) of the Wales Act 2017 (c. 4), requires the Secretary of State to consult the Welsh Ministers before establishing a renewable energy incentive scheme under section 100 of the Energy Act 2008 (“the 2008 Act”) that applies in Wales, but not in relation to any levy in connection with such a scheme.

[^f00004]: See section 100(3) of the 2008 Act for the definition of “biomethane”.

[^f00005]: See section 100(3) of the 2008 Act for the meanings of “plant” and “biogas”.

[^f00006]: See section 100(3) of the 2008 Act for the definition of “biomass”.

[^f00007]: 2010 c. 4.

[^f00008]: The Statistics Board was established by section 1 of the Statistics and Registration Service Act 2007 (c. 18).

[^f00009]: The “Authority” means the Gas and Electricity Markets Authority (see section 100(3) of the 2008 Act).

[^f00010]: The ISBN for the English language version of this standard is ISBN 0 580 19482 5. This standard was published by the British Standards Institution on 28th June 2011. Copies are available at www.bsigroup.com and hard copies can be obtained from BSI Customer Services, 389 Chiswick High Road, London W4 4AL.

[^f00011]: S.I. 2016/1154; relevant amending instruments are S.I. 2018/110 and 428, and 2019/39.

[^f00012]: S.S.I. 2012/360; relevant amending instruments are S.S.I. 2014/267, 2016/39 and 2017/446.

[^f00013]: 1986 c. 44. Section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and amended by section 76 of, and paragraph 4 of Schedule 6 and Schedule 8 to, the Utilities Act 2000 (c. 27), by section 149(5) of the Energy Act 2004 (c. 20), and by S.I. 2011/2704.

[^f00014]: Section 7A was inserted by section 6(1) of the Gas Act 1995 and amended by paragraph 2(1) of Schedule 6 to the Utilities Act 2000, and by section 149(7) of the Energy Act 2004.

[^f00015]: Section 36C(7) was inserted by section 81(1) of the Energy Act 2011 (c 16). See paragraph A4.1.1 of the Transportation Principal Document of the Uniform Network Code, issued on 24th July 2020, for the definition of “supply meter point”. Copies of that document are available at www.gasgovernance.co.uk/TPD. Hard copies are not available.

[^f00016]: Section 5(6) to (10) was inserted by section 149(3) of the Energy Act 2004.

[^f00017]: 1990 c. 43. Section 75(2) was substituted by S.I. 2011/988.

[^f00018]: S.S.I. 2011/228.

[^f00019]: 1971 c. 80.

[^f00020]: Section 100 of the 2008 Act enables the Secretary of State to make Regulations establishing a scheme to facilitate and encourage “renewable generation of heat”, which means the generation of heat by means of sources of energy including biogas.

[^f00021]: S.I. 2011/2860, as amended by S.I. 2013/1033, 2410 and 3179, 2014/1413, 2015/197 and 477, 2016/718 and 1197, and 2017/727 and 857.

[^f00022]: S.I. 2018/611, as amended by S.I. 2021/76. There are other amendments not relevant to this instrument. Regulation 32 provides for a producer of biomethane for injection to be registered as a participant in the Renewable Heat Incentive Scheme, and to receive periodic support payments in relation to that production of biomethane. That scheme closed to new applications, with some exceptions, on 31st March 2021 (see regulations 3A and 3B of those Regulations inserted by S.I. 2021/76).

[^f00023]: This is a factor to account for the calorific value per cubic metre of biomethane (10 kWh/m³) and proportion of eligible biomethane per unit of biomethane injected (0.91).

[^f00024]: Regulatory position statements are published by the Environment Agency at: https://www.gov.uk/government/collections/basic-rules-environmental-permitting-regulatory-positions, and copies can be obtained from the Environment Agency at National Customer Contact Centre, PO Box 544, Rotherham, S60 1BY. Regulatory decisions are published by the Natural Resources Body for Wales at: https://naturalresources.wales/about-us/news-and-events/statements/?lang=en, and copies can be requested from the Natural Resources Body for Wales on 0300 065 3000. Position statements are published by the Scottish Environment Protection Agency at: https://www.sepa.org.uk/regulations/waste/guidance/#position_statements, and copies can be obtained from the Scottish Environment Protection Agency at Strathallan House, Castle Business Park, Stirling FK9 4TZ.

[^f00025]: 1993 c. 39. Section 1 was amended by section 3 of the National Lottery Act 2006 (c. 23).

[^f00026]: See section 100(3) of the 2008 Act for the definition of “fossil fuel”.

[^f00027]: The Code can be viewed at: https://www.gov.uk/government/publications/code-of-good-agricultural-practice-for-reducing-ammonia-emissions/code-of-good-agricultural-practice-cogap-for-reducing-ammonia-emissions. It is not available in hard copy.

[^f00028]: International Standard on Assurance Engagements (UK) 3000 (July 2020): Assurance engagements other than audits or reviews of historical financial information, published by the Financial Reporting Council in July 2020. Copies are available at www.frc.org.uk, and hard copies can be obtained from the Financial Reporting Council, 8th Floor, 125 London Wall, London, EC2Y 5AS.

[^f00029]: S.I. 2007/3072, as amended by S.I. 2011/493 and 2937, 2015/534 and 2018/374.

[^f00030]: See section 100(3) of the 2008 Act for the definitions of “fossil fuel supplier” and “fossil fuel”.

[^f00031]: 2006 c. 46.

[^f00032]: 1986 c. 46. Section 15A was inserted by section 110 of the Small Business, Enterprise and Employment Act 2015 (c. 26).

[^f00033]: 1988 c. 36.

[^f00034]: 1998 c. 11.

[^f00035]: 2006 c. 46, to which there are amendments not relevant to these Regulations.

[^f00036]: Lisbon Resolution L2 is entitled “Pan-European Criteria, Indicators and Operational Level Guidelines for Sustainable Forest Management”. Copies are available at http://www.foresteurope.org/ministerial_conferences/lisbon1998.

[^f00037]: S.I.2000/3042, revoked by S.I. 2014/3263.

Editorial notes

[^key-e4caab8dfc26f9b7e7c88481fd5ad3df]: Reg. 1 in force at 30.11.2021, see reg. 1(1)

[^key-d8e36b8c1ee44ddbcdfa74bda1ddbbdc]: Reg. 2 in force at 30.11.2021, see reg. 1(1)

[^key-6ed87babf15095d1ba0b391145be3a21]: Reg. 3 in force at 30.11.2021, see reg. 1(1)

[^key-0117ee0487ba9e2573cd87cf1c308f84]: Reg. 4 in force at 30.11.2021, see reg. 1(1)

[^key-79dc016673d68ece04d52156035dcefd]: Reg. 5 in force at 30.11.2021, see reg. 1(1)

[^key-2334780714930b92eaaa9a954021c5d7]: Reg. 6 in force at 30.11.2021, see reg. 1(1)

[^key-4178cb80ddc5a336a4be1cd3eaf82329]: Reg. 7 in force at 30.11.2021, see reg. 1(1)

[^key-ecbc70a2f0e223dcd3d601f8857b7ed2]: Reg. 8 in force at 30.11.2021, see reg. 1(1)

[^key-7fd5760cf0dcf5aa506bdcc4d3556b9c]: Reg. 9 in force at 30.11.2021, see reg. 1(1)

[^key-7f2ebe1442e84e60fcafa2290aa5ce9c]: Reg. 10 in force at 30.11.2021, see reg. 1(1)

[^key-dd41c38e829184d3f6f73a836fd9d540]: Reg. 11 in force at 30.11.2021, see reg. 1(1)

[^key-8d4a76a118951969a9474f0ac8d04f0e]: Reg. 12 in force at 30.11.2021, see reg. 1(1)

[^key-4f4609806efc0d879f28f9c4233678eb]: Reg. 13 in force at 30.11.2021, see reg. 1(1)

[^key-c666e5b060525788845ce38ee53bfeb0]: Reg. 14 in force at 30.11.2021, see reg. 1(1)

[^key-0fa22622776e7d354c4d13bc7ffb9cb1]: Reg. 15 in force at 30.11.2021, see reg. 1(1)

[^key-2b525373b29cff33dc6b50b009f66d5a]: Reg. 16 in force at 30.11.2021, see reg. 1(1)

[^key-ee9aac35bc72f64bf70a84ceff473e70]: Reg. 17 in force at 30.11.2021, see reg. 1(1)

[^key-83274ee1c80400ac1853dc9bf945f243]: Reg. 18 in force at 30.11.2021, see reg. 1(1)

[^key-c0ea3dbd9402fa56c3330c9132f40640]: Reg. 19 in force at 30.11.2021, see reg. 1(1)

[^key-a81d5875ff967755ac327bc5e8955b81]: Reg. 20 in force at 30.11.2021, see reg. 1(1)

[^key-8ad43c2aad732def84fb72dde846d0a6]: Reg. 21 in force at 30.11.2021, see reg. 1(1)

[^key-7b5c6f31610e0209ea04f23c5db17d84]: Reg. 22 in force at 30.11.2021, see reg. 1(1)

[^key-c5453652e8bc12076bcb571c68d4ed2c]: Reg. 23 in force at 30.11.2021, see reg. 1(1)

[^key-2120a0ba53a8ca75b0d9878b6d609eb6]: Reg. 24 in force at 30.11.2021, see reg. 1(1)

[^key-c184e14bca981cf4f4c787fa61e2767e]: Reg. 25 in force at 30.11.2021, see reg. 1(1)

[^key-e50ec4125d11262e533ca2f6c3d8c312]: Reg. 26 in force at 30.11.2021, see reg. 1(1)

[^key-1861c56dc3396dfbc731ad495f8ccb7e]: Reg. 27 in force at 30.11.2021, see reg. 1(1)

[^key-f66499c87f045e6d1eb040315722fc27]: Reg. 28 in force at 30.11.2021, see reg. 1(1)

[^key-f4bc60c80ecc81a8a05be9d43daef9ef]: Reg. 29 in force at 30.11.2021, see reg. 1(1)

[^key-f16732648fb5fdd8d741fce4252d5917]: Reg. 30 in force at 30.11.2021, see reg. 1(1)

[^key-de894fb1accdf505261285d8767e839b]: Reg. 31 in force at 30.11.2021, see reg. 1(1)

[^key-f9bdf94e50fa182425bbb3b8405bc5d2]: Reg. 32 in force at 30.11.2021, see reg. 1(1)

[^key-f444d2fb7efade806c3e227477fcc1f8]: Reg. 33 in force at 30.11.2021, see reg. 1(1)

[^key-0dd50c27598d6984c52baf2647a859d8]: Reg. 34 in force at 30.11.2021, see reg. 1(1)

[^key-49f96578673bb01b7fa36a5cdf325ec7]: Reg. 35 in force at 30.11.2021, see reg. 1(1)

[^key-bd28279d04a9af27923936628d237479]: Reg. 36 in force at 30.11.2021, see reg. 1(1)

[^key-4c277d439e078bc47e2f435ab52895bb]: Reg. 37 in force at 30.11.2021, see reg. 1(1)

[^key-97e0d93b76b7fad5264100e33d7c50e5]: Reg. 38 in force at 30.11.2021, see reg. 1(1)

[^key-24a0496c6954934cf3ae496ef9b908d6]: Reg. 39 in force at 30.11.2021, see reg. 1(1)

[^key-15e8ad5c881549d2c2d7e41b7f6705ee]: Reg. 40 in force at 30.11.2021, see reg. 1(1)

[^key-df9026ed4a5212b1b11dfb02d95175fc]: Reg. 41 in force at 30.11.2021, see reg. 1(1)

[^key-f6f64cc7b9c1d87e8160b9849e9e576b]: Reg. 42 in force at 30.11.2021, see reg. 1(1)

[^key-a54bd61457399004c5a8a9f9212596b6]: Reg. 43 in force at 30.11.2021, see reg. 1(1)

[^key-8bd5773cc9d1a45d63b91c2a29bc8e06]: Reg. 44 in force at 30.11.2021, see reg. 1(1)

[^key-80fffe881d0c9dce46fb33f3a6d4a7d5]: Reg. 45 in force at 30.11.2021, see reg. 1(1)

[^key-f4e9db4ff02efd7cf15ec4935a787d19]: Reg. 46 in force at 30.11.2021, see reg. 1(1)

[^key-ff8ba9a6cd994da97053d9cbd042e445]: Reg. 47 in force at 30.11.2021, see reg. 1(1)

[^key-fa5fad9c7ec9f1a230ebf3d1c710342c]: Reg. 48 in force at 30.11.2021, see reg. 1(1)

[^key-4cd10258b45aaab7f4da7f8d8830d9b6]: Reg. 49 in force at 30.11.2021, see reg. 1(1)

[^key-86477964508cf086944cdc3978a0fab7]: Reg. 50 in force at 30.11.2021, see reg. 1(1)

[^key-b427a9c0b166195a5def6a11e901e139]: Reg. 51 in force at 30.11.2021, see reg. 1(1)

[^key-0e1364309f976dbe1a04038720d38e21]: Reg. 52 in force at 30.11.2021, see reg. 1(1)

[^key-65f6b5e420e1ce8cbb9ef52bb7949f74]: Reg. 53 in force at 30.11.2021, see reg. 1(1)

[^key-bb57e95730ee40dbc9bed8a50a88b38e]: Reg. 54 in force at 30.11.2021, see reg. 1(1)

[^key-e0a15ca400c8cbf7466600fada3ac0cf]: Reg. 55 in force at 30.11.2021, see reg. 1(1)

[^key-ed562ee89a9ae9554da3557bf32b15df]: Reg. 56 in force at 30.11.2021, see reg. 1(1)

[^key-ca0bc7f62b1e69819e2c79b9abdbd41d]: Reg. 57 in force at 30.11.2021, see reg. 1(1)

[^key-32f2297d6295a628a921e9a2116853ef]: Reg. 58 in force at 30.11.2021, see reg. 1(1)

[^key-08845a7b540759279e5183148fb58b2d]: Reg. 59 in force at 30.11.2021, see reg. 1(1)

[^key-176df5a11e56b2ad44106e24a82758ab]: Reg. 60 in force at 30.11.2021, see reg. 1(1)

[^key-9edd0e2bf3374cec36d6e8fe2501bb7d]: Reg. 61 in force at 30.11.2021, see reg. 1(1)

[^key-8f738619347fd5f026d89d02576b7521]: Reg. 62 in force at 30.11.2021, see reg. 1(1)

[^key-eb4c0e86cad48e32eb6b517b9bff5225]: Reg. 63 in force at 30.11.2021, see reg. 1(1)

[^key-af667cb86d8031a2b3b2f91ebffcf49c]: Reg. 64 in force at 30.11.2021, see reg. 1(1)

[^key-8c454a8251804ecc1132acbd03cc5fec]: Reg. 65 in force at 30.11.2021, see reg. 1(1)

[^key-e91318554eaf6c4f900c4bea7354aa73]: Reg. 66 in force at 30.11.2021, see reg. 1(1)

[^key-8a1bf342e0935986a928ac1a81e5db33]: Reg. 67 in force at 30.11.2021, see reg. 1(1)

[^key-581498b5cd5bad5176ed117a30cf26f4]: Reg. 68 in force at 30.11.2021, see reg. 1(1)

[^key-8c46b64222e0b41b7b389dfad6a9faf6]: Sch. 1 para. 1 in force at 30.11.2021, see reg. 1(1)

[^key-d083ab35e31021cac4081697c6326430]: Sch. 1 para. 2 in force at 30.11.2021, see reg. 1(1)

[^key-108a3a5114ca434ec06a1f040a61d7f8]: Sch. 1 para. 3 in force at 30.11.2021, see reg. 1(1)

[^key-46dbe6745a094242494539c600c87369]: Sch. 1 para. 4 in force at 30.11.2021, see reg. 1(1)

[^key-99af6e1ed7e50280cbdff6aea23e9bc3]: Sch. 2 para. 1 in force at 30.11.2021, see reg. 1(1)

[^key-854c99f7cc9fc5158fb0d8358e8bee4e]: Sch. 2 para. 2 in force at 30.11.2021, see reg. 1(1)

[^key-8a06634acdc05e22418f2ef83d189589]: Sch. 2 para. 3 in force at 30.11.2021, see reg. 1(1)

[^key-55f7233fa1bd5b31993f1664307fea3a]: Sch. 2 para. 4 in force at 30.11.2021, see reg. 1(1)

[^key-cc22867439d6514711814baac6dd6266]: Sch. 2 para. 5 in force at 30.11.2021, see reg. 1(1)

[^key-2cec0a874f30f6f620db3f99dd4c33a5]: Sch. 2 para. 6 in force at 30.11.2021, see reg. 1(1)

[^key-dc3da66002c4719e456c7441f6c3088a]: Sch. 2 para. 7 in force at 30.11.2021, see reg. 1(1)

[^key-bc297e40ceaf33177cd04acb13f861c9]: Sch. 2 para. 8 in force at 30.11.2021, see reg. 1(1)

[^key-3a66e859e4ed730ef33f1f3d6d85cdc4]: Sch. 3 para. 1 in force at 30.11.2021, see reg. 1(1)

[^key-2bdd170ee6c6677bede744ca3fef6239]: Sch. 3 para. 2 in force at 30.11.2021, see reg. 1(1)

[^key-2fc087230f8e214ba6da8654c146fcfb]: Sch. 3 para. 3 in force at 30.11.2021, see reg. 1(1)

[^key-18b8e88a612bfb3ca3b0784bab94f4d0]: Sch. 3 para. 4 in force at 30.11.2021, see reg. 1(1)

[^key-2c939a8d4930584a397ebc6ff7836b5b]: Sch. 3 para. 5 in force at 30.11.2021, see reg. 1(1)

[^key-a27c25d7d01d7715035cd803d9ac3f30]: Sch. 3 para. 6 in force at 30.11.2021, see reg. 1(1)

[^key-3ab06fdd4c179f767503198b54722b39]: Sch. 3 para. 7 in force at 30.11.2021, see reg. 1(1)

[^key-e58446ceccf02c23e182695a7c009e04]: Sch. 3 para. 8 in force at 30.11.2021, see reg. 1(1)

[^key-209cb3c47429e4273cfdf7b9cad7eb42]: Sch. 3 para. 9 in force at 30.11.2021, see reg. 1(1)

[^key-22623ddd0de85c9d78f1d494d15efe13]: Sch. 3 para. 10 in force at 30.11.2021, see reg. 1(1)

[^key-dcdf157518b373935b616f69b827e73c]: Reg. 4(9A)(9B) inserted (1.7.2022) by The Green Gas Support Scheme (Amendment) Regulations 2022 (S.I. 2022/592), regs. 1(1), 2(3) (with reg. 3)

[^key-124c816950d3c17ecc7e5e63e448b013]: Words in reg. 4(9) substituted (1.7.2022) by The Green Gas Support Scheme (Amendment) Regulations 2022 (S.I. 2022/592), regs. 1(1), 2(2) (with reg. 3)

[^key-6d432112349f6b15f51e975c5f61f935]: Words in reg. 4(17) substituted (1.7.2022) by The Green Gas Support Scheme (Amendment) Regulations 2022 (S.I. 2022/592), regs. 1(1), 2(4)(a)(i) (with reg. 3)

[^key-ef249ee15481861b452a242a717d45c4]: Words in reg. 4(17) substituted (1.7.2022) by The Green Gas Support Scheme (Amendment) Regulations 2022 (S.I. 2022/592), regs. 1(1), 2(4)(a)(ii) (with reg. 3)

[^key-72ce577d2dd5a0c13fa534fbe19e17a4]: Words in reg. 4(17) inserted (1.7.2022) by The Green Gas Support Scheme (Amendment) Regulations 2022 (S.I. 2022/592), regs. 1(1), 2(4)(a)(iii)(aa) (with reg. 3)

[^key-e91bfd54739bd7b2cf78fa4ab18295fd]: Words in reg. 4(17) omitted (1.7.2022) by virtue of The Green Gas Support Scheme (Amendment) Regulations 2022 (S.I. 2022/592), regs. 1(1), 2(4)(a)(iii)(bb) (with reg. 3)

[^key-84d79fe038e5e8bfed960d7627ccd5ce]: Words in reg. 4(17) substituted (1.7.2022) by The Green Gas Support Scheme (Amendment) Regulations 2022 (S.I. 2022/592), regs. 1(1), 2(4)(a)(iii)(cc) (with reg. 3)

[^key-436122c9612e2d67cc3dc461756ede5b]: Word in reg. 4(17) omitted (1.7.2022) by virtue of The Green Gas Support Scheme (Amendment) Regulations 2022 (S.I. 2022/592), regs. 1(1), 2(4)(b)(i) (with reg. 3)

[^key-0d5a42910d29e9bf7b1e0f8733e8a423]: Words in reg. 4(17) inserted (1.7.2022) by The Green Gas Support Scheme (Amendment) Regulations 2022 (S.I. 2022/592), regs. 1(1), 2(4)(b)(ii) (with reg. 3)

[^key-4d017b74a9a2cbf6a229a3fed66c3561]: Reg. 43A inserted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 7

[^key-1833652d7c1408bc4b4b7640cb417d25]: Word in reg. 56(3)(a) omitted (1.12.2023) by virtue of The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 10(a)

[^key-dfad8cae1bf876d618a3fac792fed289]: Reg. 56(3)(b) omitted (1.12.2023) by virtue of The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 10(b)

[^key-3b049e2f0af134d9830cfd0c8e815d72]: Reg. 39(6A) inserted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 4(b)

[^key-a87379b84f8bfd157adcf460b6c4d05e]: Words in reg. 2(1) inserted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 3(a)

[^key-07d36532ae424e9e984953f4930fe1dc]: Words in reg. 2(1) inserted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 3(b)

[^key-f8d64c42cbdb2a2360e72d15981f83ea]: Words in reg. 2(1) inserted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 3(c)

[^key-4ac07a77a7ba3f2524e28bcc81c4e277]: Reg. 39(1)(c): in the formula, for “+Iy-2” it is substituted “-Iy-2” (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 4(a)

[^key-3c3bb08448e58dc0f8752788157e96dc]: Words in reg. 41(2)(b) substituted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 5(a)

[^key-39eb83fae1fbd43e8fb1709db4765744]: Reg. 41(2)(b)(ii) substituted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 5(b)

[^key-9493145b5c31b3e10a4e6cacfb7b6693]: Reg. 42(3A) inserted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 6(b)

[^key-945d35f9cca96aa8a4a493f1589fa529]: Reg. 42(5A) inserted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 6(d)

[^key-e91a44438f50b1bfcb6dd27938d5b6c2]: Words in reg. 42(1)(b) inserted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 6(a)

[^key-e23d6d01abc52818dffafe79739b4d2d]: Words in reg. 42(5)(b) inserted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 6(c)

[^key-32095f9ee4f7bd60f13b25fde031d2dd]: Reg. 51(7A)-(7E) inserted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 8(1)(b)

[^key-e41c5d113649acc8080f28bd4ffecb68]: Reg. 51(9A)(9B) inserted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 8(1)(d)

[^key-985c17bd641cc4b54825d1a72f44b681]: Reg. 51(7)(ca) inserted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 8(1)(a)(iii)

[^key-36e54c1f3d418800fb4aac1db138a071]: Words in reg. 51(7)(a) substituted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 8(1)(a)(i)

[^key-c718aaa95d813edd094abee91f63d8df]: Words in reg. 51(7)(c)(i) omitted (1.12.2023) by virtue of The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 8(1)(a)(ii)

[^key-a174db8444e5143aa930a9fd6377c76c]: Reg. 51(7)(d) omitted (1.12.2023) by virtue of The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 8(1)(a)(iv)

[^key-5d71025ec657f7a0d6bced7bae380c0d]: Reg. 51(7)(e) omitted (1.12.2023) by virtue of The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 8(1)(a)(iv)

[^key-623629b73f1498e5695005a3813b9705]: Reg. 51(9) substituted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 8(1)(c)

[^key-55a3009d06f7a6b37649791dc4683981]: Reg. 55(2A)(2B) inserted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 9(c)

[^key-76c8b160d0196da5c526d13d4417cc33]: Reg. 55(1)(b) substituted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 9(a)

[^key-a4ff49b9251186c5df9ee59ec3f3c0bf]: Reg. 55(2) substituted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 9(b)

[^key-ce74d0efb2a0f732598a175c535874b9]: Words in reg. 55(4) substituted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 9(d)

[^key-ab60ad8792a0e482c246a2d3b1726280]: Words in reg. 55(5)(b) substituted (1.12.2023) by The Green Gas Support Scheme (Amendment) Regulations 2023 (S.I. 2023/1317), regs. 1(1), 9(e)

[^key-b41b4b21d84cf3438880be9fd315d735]: Reg. 8A inserted (4.6.2024) by The Green Gas Support Scheme (Amendment) Regulations 2024 (S.I. 2024/642), regs. 1(2), 8

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