The Boiler Upgrade Scheme (England and Wales) (Amendment) Regulations 2024

Made: at 10.45 a.m. on 17th April 2024

Laid before Parliament: at 2.00 p.m. on 17th April 2024

Coming into force: 8th May 2024

The Secretary of State makes these Regulations in exercise of the powers conferred by section 100 and section 104(2) of the Energy Act 2008[^f00001].

In accordance with section 148A of the Government of Wales Act 2006[^f00002] the Secretary of State has consulted the Welsh Ministers before making these Regulations.

Citation, commencement and extent

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• (1) These Regulations may be cited as the Boiler Upgrade Scheme (England and Wales) (Amendment) Regulations 2024.

• (2) These Regulations come into force on 8th May 2024.

• (3) These Regulations extend to England and Wales.

Amendments to the Boiler Upgrade Scheme (England and Wales) Regulations 2022

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The Boiler Upgrade Scheme (England and Wales) Regulations 2022[^f00003] are amended in accordance with the following provisions.

Regulation 2 amended (interpretation)

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• (1) Regulation 2(1) is amended as follows.

• (2) At the appropriate places insert—

• ““grant from public funds” means a grant made by a public authority or by any person distributing funds on behalf of a public authority;”

• ““heat network” means a network that, by distributing a liquid or a gas, enables the transfer of thermal energy for the purpose of supplying heating, cooling or hot water to two or more properties (and includes any appliance the main purpose of which is to heat or cool the liquid or gas);”

• ““new-build property” means an eligible property that meets the requirements set out in regulation 7;”

• ““off-gas grid property” means a property that is not attached to a heat network and— is not fuelled by mains gas, there is no record of a gas meter point at the property, and is not a new-build property;”.

• (3) for the definition of “boiler upgrade grant”, substitute—

• “boiler upgrade grant”means the grant, the value of which has been published under regulation 13(1), (4) or (5) which is payable by the Authority[^f00004] to an installer under these Regulations;

• (4) In the definition of “biomass boiler”, in sub-paragraph (d), after “cooking food”, insert “where that function is not able to be controlled independently of the heating or hot water.”.

• (5) In the definition of “consumer code”, after “code of practice”, for the remaining words, substitute “for the purpose of consumer protection approved by the Secretary of State under regulation 4(1)(j);”.

• (6) In the definition of “heat pump”, for “but not both”, substitute “or both”.

• (7) In the definition of “related property”, omit “or property to which regulation 14(1)(b) applies,”.

• (8) In the definition of “relevant financial year”, for sub-paragraph (b) and (c), substitute—

(b) 1st April 2023, (c) 1st April 2024, (d) 1st April 2025, (e) 1st April 2026, or (f) 1st April 2027;

Regulation 4 amended (approval of standards or schemes by the Secretary of State)

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In regulation 4(1)—

• (a) in sub-paragraph (h) after “Schedule 4”, omit “and”;

• (b) in sub-paragraph (i), after “by the Secretary of State”, insert “, and”;

• (c) at the end of paragraph (1), insert—

(j) one or more codes of practice for consumer protection for the purpose of the definition of “consumer code” in regulation 2(1)

Regulation 5 amended (eligible properties)

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In regulation 5—

• (a) in paragraph (1)(c)—

• (i) for “was, or will be, first occupied or used”, substitute “has had any heating system installed, and was, or will be, first occupied or used”;

• (ii) omit sub-paragraph (i);

• (iii) after sub-paragraph (ii), insert—

(iii) there has not been a previous grant from public funds for a heat pump or biomass boiler at the same address, and (iv) there has not been a previous installation of a heat pump, or biomass boiler at the property as a measure promoted by an electricity or gas supplier for the purpose of achieving their home-heating cost reduction obligation under section 41B of the Electricity Act 1989 or section 33BD of the Gas Act 1986, and (v) there is a valid energy performance certificate for the property.

• (b) in paragraph (1), for sub-paragraph (d) substitute—

(d) if it has not had any heating system installed before the date on which the relevant eligible plant is commissioned, and it will be first occupied or used on or after the date on which the relevant eligible plant is commissioned, it meets the requirements in regulation 7 (requirements for new-build properties).

• (c) after paragraph (2)(a) insert—

(aa) “grant from public funds” has the meaning given in regulation 2(1),

Regulation 6 omitted (insulation requirements)

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Omit regulation 6 (insulation requirements).

Regulation 7 amended (requirements for new-build properties)

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In regulation 7—

• (a) the existing text becomes paragraph (1);

• (b) in paragraph (1)(a), omit “and”;

• (c) in paragraph (1)(b), after “who is not an individual”, insert “, and”;

• (d) after paragraph (1)(b), insert—

(c) is not part of an excluded property development.

• (e) after paragraph (1), insert—

(2) In this regulation— - “excluded property development” means a development of multiple buildings constructed on a plot acquired from a person who decided or offered the plans or specifications to which the buildings were wholly or mainly built.

Regulation 8 amended (eligible plant)

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In regulation 8—

• (a) in paragraph (1)(b)—

• (i) in sub-paragraph (i), omit “, or a property to which regulation 14(1)(b) applies,”;

• (ii) in sub-paragraph (ii), for “on or after 1st April 2022”, substitute, “no more than 120 days before the date on which the grant application is properly made, unless the Authority has made a decision to extend this period under paragraph (3),”;

• (b) in paragraph (2)(b)—

• (i) in sub-paragraph (i), omit “or a property to which regulation 14(1)(b) applies,”;

• (ii) in sub-paragraph (ii), for “on or after 1st April 2022”, substitute, “no more than 120 days before the date on which the grant application is properly made, unless the Authority has made a decision to extend this period under paragraph (3),”;

• (c) after paragraph (2), insert—

(3) The Authority may by notice extend the period specified in paragraph (1)(b)(ii) or (2)(b)(ii) where— (a) that period has been exceeded, or is likely to be exceeded, following a decision by the Authority under regulation 15(7), 15(8), 16(8), 21(1), 23 or 25(5), and (b) it is satisfied that it is reasonable to do so.

Regulation 9 amended (requirements for heat pumps)

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• (1) In regulation 9—

• (a) in paragraph (1)(b), for “the system has a capacity of no more than 45”, substitute “the system has a capacity of no more than 300”;

• (b) in paragraph (2), omit “, or a property to which regulation 14(1)(b) applies,”;

• (c) in paragraph (4), omit “, or property to which regulation 14(1)(b) applies,”.

Regulation 10 amended (requirements for biomass boilers)

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In regulation 10—

• (a) after paragraph (1)(d), insert—

(e) if the biomass boiler has a cooking function that is not able to be controlled independently of the heating or hot water function.

• (b) in paragraph (2), omit “, or a property where regulation 14(1)(b) applies,”.

Regulation 13 amended (determination and publication of boiler upgrade grant values)

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In regulation 13—

• (a) for paragraph (1), substitute—

(1) The Secretary of State must determine and publish the values of the boiler upgrade grants, for one set of grant categories contained in Schedule 1A within 14 days of the day on which the Boiler Upgrade Scheme (England and Wales) (Amendment) Regulations 2024 come into force.

• (b) after paragraph (2), insert—

(2A) The Secretary of State may review the categories of boiler upgrade grant, having regard to such matters as the Secretary of State considers relevant, and as a result of such a review, may— (a) determine that the published grant categories are to be replaced by an alternative set of grant categories and publish the values of the boiler upgrade grant for the alternative set of grant categories contained in Schedule 1A, or (b) determine that the same set of grant categories available should remain unchanged, (2B) The Secretary of State may only determine and publish the values of one set of grant categories contained in Schedule 1A at any one time.

• (c) in paragraph (3), after “paragraph (2)”, insert “and (2A),”;

• (d) after paragraph (4), insert—

(5) Where the set of grant categories is replaced as a result of a review described in paragraph (2A), the Secretary of State must publish a notice (a “grant category change notice”) specifying— (a) the new set of grant categories that will be available, (b) the values of the boiler upgrade grants for those grant categories, and (c) the date on which the new set of grant categories will take effect, which must be a date at least 28 days after the date on which the grant change notice is published.

Regulation 14 amended (grant applications)

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In regulation 14—

• (a) in paragraph (1), omit sub-paragraph (b);

• (b) in paragraph (2)(a)(iii), omit “and”;

• (c) in paragraph (2)(a), omit sub-paragraph (iv);

• (d) after paragraph (2)(a)(iv) insert—

(v) has not received a previous grant from public funds for a heat pump or a biomass boiler installed at the same address, (vi) has read and understood the recommendations on their energy performance certificate, and (vii) if the property owner does not occupy the property, has informed the tenant (if any) of the impact of the installation of the eligible plant,

• (e) after paragraph (2)(b), insert—

(ba) there has been no previous installation of a heat pump, or biomass boiler at the property as a measure promoted by an electricity or gas supplier for the purpose of achieving their home-heating cost reduction obligation under section 41B of the Electricity Act 1989 or section 33BD of the Gas Act 1986,

• (f) in paragraph (7), omit “, or property where regulation 14(1)(b) applies”;

• (g) omit paragraph (8);

• (h) after paragraph (8), insert—

(9) An installer may withdraw a grant application made under paragraph (1) at any time before the Authority determines the application and issues a boiler upgrade voucher under regulation 15.

Regulation 15 amended (determination of grant applications)

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In regulation 15—

• (a) for paragraph (1)(d), substitute—

(d) which category of boiler upgrade grant contained in Schedule 1A the boiler upgrade voucher relates to,

• (b) in paragraph (2)(b), in sub-paragraph (ii), for “2025” substitute “2028”;

• (c) in paragraph (3), for “or (4)”, substitute “, (4) or (5)”;

• (d) in paragraph (7), in sub-paragraph (c), for “2024” substitute “2027”.

Regulation 16 amended (redemption applications)

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In regulation 16—

• (a) in paragraph (1)(b), omit “, or a property where regulation 14(1)(b) applies,”;

• (b) omit paragraph (2);

• (c) after paragraph (4), insert—

(4A) The Authority may, as soon as reasonably practicable, undertake an audit of the information provided in order to determine a redemption application.

Regulation 17 amended (obligations on installers)

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In regulation 17(1), for “been issued a boiler upgrade voucher”, substitute “made a grant application that has not been refused by the Authority, or been issued a boiler upgrade voucher”.

Regulation 18 amended (inspection of property)

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In regulation 18(1)(b), omit “or a property to which regulation 14(1)(b) applies”.

Regulation 19 amended (power to temporarily withhold grant payment during investigation)

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In regulation 19(1)—

• (a) in sub-paragraph (c), omit “where regulation 14(1)(b) (property not eligible at the time of the grant application) does not apply”;

• (b) at the end of sub-paragraph (c), insert “, or”;

• (c) omit sub-paragraph (d).

Regulation 20 amended (power to withhold grant payment in the case of non-compliance)

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In regulation 20(1)—

• (a) in sub-paragraph (c), omit “where regulation 14(1)(b) (property not eligible at the time of the grant application) does not apply”;

• (b) at the end of sub-paragraph (c), insert “, or”;

• (c) omit sub-paragraph (d).

Regulation 21 amended (revocation of vouchers)

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In regulation 21(1)(d)—

• (a) in sub-paragraph (ii), omit “where regulation 14(1)(b) (property not eligible at the time of the grant application) does not apply”;

• (b) at the end of sub-paragraph (ii), insert “, or”;

• (c) omit sub-paragraph (iii).

Regulation 24 amended (application of this Part in relation to persons who are not or cease to be installers)

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In regulation 24(1), after “If a person”, insert “who has made a grant application that has not been refused by the Authority, or”.

Regulation 30 amended (reporting obligations)

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In regulation 30(4), for “2025” substitute “2028”.

Schedule 1A inserted (sets of grant categories)

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After Schedule 1, insert—

Schedule 1A (1) This Schedule specifies the sets of grant categories that may be published by the Secretary of State under regulation 13.