Legalize
Legalize / United Kingdom / Statutory-Instrument

The Boiler Upgrade Scheme (England and Wales) Regulations 2022

Type Statutory-Instrument
Publication 2022-05-22
Last updated 2024-05-08
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
PDF Download
articles Not indexed
Reform history JSON API
  • (a) the Microgeneration Certification Scheme as installed in accordance with a relevant installation standard in that scheme, or
  • (b) a scheme where—
  • (i) installers are certified to that scheme’s standards by a certification body or organisation accredited by UKAS to the standard approved by the Secretary of State under regulation 4(1)(a),
  • (ii) the plant is installed in accordance with the installation requirements applicable to the plant under that scheme when the plant is first commissioned and which are equivalent to a relevant installation standard, and
  • (iii) that scheme is equivalent to the Microgeneration Certification Scheme.

2

For the purposes of paragraph 1(a), “relevant installation standard” in relation to a plant means an installation standard which—

  • (a) is approved by the Secretary of State under regulation 4(1)(h), and
  • (b) is in force when the plant is first commissioned.

Signed

Callanan — Parliamentary Under Secretary of State — Department for Business, Energy and Industrial Strategy — 22nd May 2022

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations, which apply in England and Wales, establish the Boiler Upgrade Scheme (“the Scheme”).

The Scheme is a renewable heat incentive scheme to facilitate and encourage the use of heat pumps and biomass boilers to provide space and water heating in domestic properties and small non-domestic properties. To that extent the Scheme replaces the Domestic Renewable Heat Incentive Scheme, set out in the Domestic Renewable Heat Incentive Scheme Regulations 2014 (S.I. 2014/928) which closes to new applicants, with some exceptions, on 31st March 2022.

The Scheme supports the installation of heat pumps and biomass boilers through a grant mechanism provided that they do not replace an existing renewable heating system.

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

Part 2 prescribes eligible properties for the purposes of the Scheme. In brief, these are buildings including building units (other than social housing):

  • (a) which either meet certain insulation requirements or are new build properties, and
  • (b) where the existing heating system in the property is fuelled by fossil fuel or is a heating system which provides heat generated wholly or mainly from electricity (other than a heat pump).

Part 3 prescribes the eligible plant which may be installed for eligible properties under the Scheme, namely air source heat pumps, ground source heat pumps, and biomass boilers, where the plant is first commissioned on or after 1st April 2022. However, a biomass boiler may not be installed under the Scheme for an eligible property which is in an urban area and fuelled by mains gas, or which is a new-build property.

Part 4 sets out the budget control mechanism for the Scheme, and provides for the Secretary of State to determine and publish: the total budget for the Scheme, the budget allocation for boiler upgrade vouchers for each of the financial years 2022/23, 2023/24 and 2024/25, and the value of boiler upgrade vouchers for each of the types of eligible plant. The value of the boiler upgrade grants may be reviewed by the Secretary of State during the lifetime of the Scheme. Part 4 provides for a certified installer who installs an eligible plant for an eligible property, or a property to which regulation 14(1)(b) applies, to apply to the Authority for a boiler upgrade voucher. The voucher is time-limited, and entitles the installer to be paid the relevant boiler upgrade grant on completion of the installation, provided that a valid application to redeem the voucher is made before the voucher expires. However, the Authority may not issue a boiler upgrade voucher after 31st December 2024.

Part 5 deals with compliance and enforcement. It places obligations on installers in relation to the provision of information to the Authority, and enables the Authority to take action in the event that an installer fails to comply with such an obligation or has been issued a boiler upgrade voucher on the basis of information which was incorrect in a material particular. Part 5 enables the Authority to withhold boiler upgrade grant payments, to revoke vouchers and to require repayment of a grant in certain circumstances.

Part 6 sets out the additional powers and functions of the Authority under the Scheme. It enables any installer or former installer to apply to the Authority for a review of any decision affecting them. It requires the Authority to publish guidance to installers, and requires the Authority to maintain a register of grant applications and grants paid, and to make monthly reports to the Secretary of State on the operation of the Scheme.

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

1

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

2

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.

3

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.

4

And see section 100(3) of the 2008 Act for the definition of “plant”.

5

And see section 100(3) of the 2008 Act for the definition of “biomass”.

8

Details of the scheme are available at www.mscertified.com.

9

1986 c. 44. Section 5 was substituted by section 3 of the Gas Act 1995, and sub-section (1)(b) was amended by S.I. 2012/2400.

10

ISBN 978 0 580 78472 9. This international standard was published by the British Standards Institution on 31st October 2012; which defines an urban area as one with a population of 10,000 people or more.

11

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.

12

See section 100(3) of the 2008 Act for the definition of “fossil fuel”.

14

1989 c. 29. Section 41B was inserted by the Energy Act 2011 (c. 16), Part 1, Chapter 4, section 69.

15

1986 c. 44. Section 33BD was inserted by the Energy Act 2011 (c. 16), Part 1, Chapter 4, section 68.

Editorial notes

18

Reg. 1 in force at 23.5.2022, see reg. 1(1)

19

Reg. 2 in force at 23.5.2022, see reg. 1(1)

20

Reg. 3 in force at 23.5.2022, see reg. 1(1)

21

Reg. 4 in force at 23.5.2022, see reg. 1(1)

22

Reg. 5 in force at 23.5.2022, see reg. 1(1)

23

Reg. 7 in force at 23.5.2022, see reg. 1(1)

24

Reg. 8 in force at 23.5.2022, see reg. 1(1)

25

Reg. 9 in force at 23.5.2022, see reg. 1(1)

26

Reg. 10 in force at 23.5.2022, see reg. 1(1)

27

Reg. 11 in force at 23.5.2022, see reg. 1(1)

28

Reg. 12 in force at 23.5.2022, see reg. 1(1)

29

Reg. 13 in force at 23.5.2022, see reg. 1(1)

30

Reg. 14 in force at 23.5.2022, see reg. 1(1)

31

Reg. 15 in force at 23.5.2022, see reg. 1(1)

32

Reg. 16 in force at 23.5.2022, see reg. 1(1)

33

Reg. 17 in force at 23.5.2022, see reg. 1(1)

34

Reg. 18 in force at 23.5.2022, see reg. 1(1)

35

Reg. 19 in force at 23.5.2022, see reg. 1(1)

36

Reg. 20 in force at 23.5.2022, see reg. 1(1)

37

Reg. 21 in force at 23.5.2022, see reg. 1(1)

38

Reg. 22 in force at 23.5.2022, see reg. 1(1)

39

Reg. 23 in force at 23.5.2022, see reg. 1(1)

40

Reg. 24 in force at 23.5.2022, see reg. 1(1)

41

Reg. 25 in force at 23.5.2022, see reg. 1(1)

42

Reg. 26 in force at 23.5.2022, see reg. 1(1)

43

Reg. 27 in force at 23.5.2022, see reg. 1(1)

44

Reg. 28 in force at 23.5.2022, see reg. 1(1)

45

Reg. 29 in force at 23.5.2022, see reg. 1(1)

46

Reg. 30 in force at 23.5.2022, see reg. 1(1)

47

Reg. 31 in force at 23.5.2022, see reg. 1(1)

48

Reg. 32 in force at 23.5.2022, see reg. 1(1)

49

Reg. 33 in force at 23.5.2022, see reg. 1(1)

50

Sch. 1 para. 1 in force at 23.5.2022, see reg. 1(1)

51

Sch. 1 para. 2 in force at 23.5.2022, see reg. 1(1)

52

Sch. 1 para. 3 in force at 23.5.2022, see reg. 1(1)

53

Sch. 2 para. 1 in force at 23.5.2022, see reg. 1(1)

54

Sch. 2 para. 2 in force at 23.5.2022, see reg. 1(1)

55

Sch. 3 para. 1 in force at 23.5.2022, see reg. 1(1)

56

Sch. 3 para. 2 in force at 23.5.2022, see reg. 1(1)

57

Sch. 4 para. 1 in force at 23.5.2022, see reg. 1(1)

58

Sch. 4 para. 2 in force at 23.5.2022, see reg. 1(1)

SCHEDULE 1A — Sets of Grant Categories

1

This Schedule specifies the sets of grant categories that may be published by the Secretary of State under regulation 13.

Column 1 Column 2: A boiler upgrade grant for the installation of—
1 An air source heat pump
2 A ground source heat pump
3 A biomass boiler
Column 1 Column 2: A boiler upgrade grant for the installation of—
--- ---
1 An air source heat pump in a new-build property
2 A ground source heat pump in a new-build property
3 An air source heat pump in a property that is not a new-build property
4 A ground source heat pump in a property that is not a new-build property
5 A biomass boiler in a property that is not a new-build property
Column 1 Column 2: A boiler upgrade grant for the installation of—
--- ---
1 An air source heat pump in a property that is not an off-gas grid property
2 A ground source heat pump in a property that is not an off-gas grid property
3 An air source heat pump in an off-gas grid property that is replacing a coal heating system
4 An air source heat pump in an off-gas grid property that is replacing a liquefied petroleum gas heating system
5 An air source heat pump in an off-gas grid property that is replacing an oil heating system
6 An air source heat pump in an off-gas grid property that is replacing a fossil fuel hybrid system
7 An air source heat pump in an off-gas grid property that is replacing an electric heating system that is not a heat pump
8 An air source heat pump in an off-gas grid property that is replacing any other fossil fuel heating system that is not covered by row 3 to 7 of this Table
9 A ground source heat pump in an off-gas grid property that is replacing a coal heating system
10 A ground source heat pump in an off-gas grid property that is replacing a liquefied petroleum gas heating system
11 A ground source heat pump in an off-gas grid property that is replacing an oil heating system
12 A ground source heat pump in an off-gas grid property that is replacing a fossil fuel hybrid system
13 A ground source heat pump in an off-gas grid property that is replacing an electric heating system that is not a heat pump
14 A ground source heat pump in an off-gas grid property that is replacing any other fossil fuel heating system that is not covered by row 9 to 13 of this Table
15 A biomass boiler in an off-gas grid property replacing a coal heating system
16 A biomass boiler in an off-gas grid property replacing a liquefied petroleum gas heating system
17 A biomass boiler in an off-gas grid property replacing an oil heating system
18 A biomass boiler in an off-gas grid property replacing a fossil fuel hybrid system
19 A biomass boiler in an off-gas grid property replacing an electric heating system that is not a heat pump
20 A biomass boiler in an off-gas grid property replacing any other fossil fuel heating system that is not covered by row 15 to 19 of this Table
Column 1 Column 2: A boiler upgrade grant for the installation of—
--- ---
1 An air source heat pump in a property that is not an off-gas grid property and not a new-build property
2 A ground source heat pump in a property that is not an off-gas grid property and not a new-build property
3 An air source heat pump in a new-build property
4 A ground source heat pump in a new-build property
5 An air source heat pump in an off-gas grid property that is replacing a coal heating system
6 An air source heat pump in an off-gas grid property that is replacing a liquefied petroleum gas heating system
7 An air source heat pump in an off-gas grid property that is replacing an oil heating system
8 An air source heat pump in an off-gas grid property that is replacing a fossil fuel hybrid system
9 An air source heat pump in an off-gas grid property that is replacing an electric heating system that is not a heat pump
10 An air source heat pump in an off-gas grid property that is replacing any other fossil fuel heating system that is not covered by row 5 to 9 of this Table
11 A ground source heat pump in an off-gas grid property that is replacing a coal heating system
12 A ground source heat pump in an off-gas grid property that is replacing a liquefied petroleum gas heating system
13 A ground source heat pump in an off-gas grid property that is replacing an oil heating system
14 A ground source heat pump in an off-gas grid property that is replacing a fossil fuel hybrid system
15 A ground source heat pump in an off-gas grid property that is replacing an electric heating system that is not a heat pump
16 A ground source heat pump in an off-gas grid property that is replacing any other fossil fuel heating system that is not covered by row 11 to 15 of this Table
17 A biomass boiler in an off-gas grid property replacing a coal heating system
18 A biomass boiler in an off-gas grid property replacing a liquefied petroleum gas heating system
19 A biomass boiler in an off-gas grid property replacing an oil heating system
20 A biomass boiler in an off-gas grid property replacing a fossil fuel hybrid system
21 A biomass boiler in an off-gas grid property replacing an electric heating system that is not a heat pump
22 A biomass boiler in an off-gas grid property replacing any other fossil fuel heating system that is not covered by row 17 to 21 of this Table

2

For the purposes of this Schedule, a “fossil fuel hybrid system” means a heating system that comprises of two or more plants that are all powered by fossil fuel.

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.