OpenLegislation

The Domestic Renewable Heat Incentive Scheme Regulations 2014

S.I. 2014/928 · Made 8 April 2014 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2022.

Energy

Made 8th April 2014

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 100(1) and (2) and 104(2) of the Energy Act 2008f1.

In accordance with sections 105(2)(a) and (3) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

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.

Annotations to the whole text

Footnotes

f1

2008 c.32. Section 100 is amended by S.I. 2011/2195.

Contents

  1. Part 1: Introductory provisions
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 1A: Scheme closure
  5. 2AClosure of the domestic RHI scheme to applications
  6. 2BApproval of documents published after scheme closure
  7. Part 2: Eligibility criteria
  8. 3Eligibility criteria
  9. 4Requirements for biomass plants
  10. 5Requirements for heat pumps
  11. 6Requirements for solar thermal plants
  12. 7Installation requirements
  13. 8Certification requirements
  14. 9Plants used to generate heat before the first commissioning date
  15. 10Requirements regarding funding of plants
  16. 11Requirement that plant is not an accredited RHI installation
  17. 12Requirements where more than one plant provides heat to a property
  18. 13Plants where heat generation must be metered
  19. 14Metering requirements
  20. 15Positioning of meters when recording heat generated by biomass plants
  21. 16Positioning of meters when recording heat generated by heat pumps
  22. Part 3: Accreditation of plants
  23. 17Accreditation applications
  24. 18Powers of the Authority when considering an accreditation application
  25. 19Time limits for provision of information
  26. 20Conditions of accreditation
  27. 21Accreditation
  28. 22Rejection of accreditation applications
  29. Part 3A: Investors
  30. 22AInvestor applications
  31. 22BTime limits for provision of information
  32. 22CInvestor registration
  33. 22DRejection of investor applications
  34. 22ENomination of an RI
  35. 22FTransfer of NRI status
  36. Part 4: Authorisation of metering arrangements
  37. 23Authorisation applications
  38. 24Powers of the Authority when considering an authorisation application
  39. 25Authorisation
  40. Part 5: RHI payments
  41. 26Duty to make RHI payments
  42. 26AInvestors and RHI payments
  43. 27Calculation of RHI payments where metering is not required
  44. 28Calculation of RHI payments where heat generated by a plant must be metered
  45. 29Calculation of deemed annual heat generation
  46. 30Calculation of eligible metered heat generated by biomass plants
  47. 31Calculation of eligible metered heat generated by heat pumps
  48. 32Calculation of grant funding deduction
  49. Part 6: Calculation of tariffs and cost control
  50. 33Duty to calculate and publish tariffs
  51. 34Calculation of initial tariffs
  52. 35Calculation of initial tariffs: calculation of A
  53. 36Calculation of initial tariffs: calculation of B
  54. 37Calculation of subsequent tariffs
  55. 38Expenditure forecast statement and tariff change notice
  56. Part 7: Ongoing obligations for participants
  57. 39Ongoing obligations: general
  58. 40Ongoing obligations: changes affecting accredited domestic plants
  59. 41Ongoing obligations: annual declarations
  60. 42Ongoing obligations: emissions from biomass
  61. 42ARegulation 42A
  62. 43Ongoing obligations: metering
  63. 43AExemption from requirement for metering
  64. 44Ongoing obligations: provision of information
  65. Part 7A: Ongoing obligations on RIs
  66. 44AOngoing obligations on RIs: general
  67. 44BOngoing obligations on RIs: changes affecting RI’s registration
  68. 44COngoing obligations on RIs: annual declarations
  69. 44DOngoing obligations on RI: provision of information
  70. Part 8: Changes affecting accredited domestic plants
  71. 45Review of accreditation or investor registration following notification of a change in circumstances
  72. 46Changes affecting whether accredited domestic plants must be metered
  73. 47Replacement plants
  74. 47AReplacement parts
  75. 48Changes in ownership of accredited domestic plants
  76. Part 9: Metering and monitoring agreements
  77. 49Additional payments where a registered metering and monitoring agreement relates to an accredited domestic plant
  78. 50Registration applications
  79. 51Conditions of registration
  80. 52Registration
  81. 53Exceptions to duty to give registration
  82. 54Changes affecting registration and changes in requirements for metering and monitoring agreements
  83. 54APower to withhold MM payments during investigation
  84. 54BPower to withhold MM payments in the case of non-compliance
  85. 55Withdrawal of registration and repayments
  86. Part 10: Inspection and enforcement
  87. 56Inspection
  88. 57Power to withhold RHI payments during investigation
  89. 57APower to investigate an RI’s status and withhold RHI payments
  90. 58Power to withhold RHI payments in the case of non-compliance
  91. 59Revocation of accreditation
  92. 59ARegulation 59A
  93. 60Overpayment notices and offsetting
  94. 61Revocation of sanctions
  95. 62Right of review
  96. Part 11: Powers and functions of the Secretary of State
  97. 63Scheme review and evaluation
  98. 64Right of review of decisions by the Secretary of State
  99. Part 12: Additional powers and functions of the Authority
  100. 65Provision of information to the Authority
  101. 66Reliance on declarations and other information available to the Authority
  102. 67Duty to maintain a central register
  103. 68Duty to publish guidance
  104. 69Duty to report to the Secretary of State
  105. 70Duty to provide additional information to the Secretary of State
  106. Part 13: Miscellaneous provisions
  107. 71Notices, notifications and applications
  108. 72Consequential amendments
  109. Signature
  110. Schedule 1: Standards relevant to plants
  111. 1Paragraph 1
  112. Schedule 2: Requirements for RHI emission certificates
  113. 1Paragraph 1
  114. 2Paragraph 2
  115. 3Paragraph 3
  116. 4Paragraph 4
  117. 5Paragraph 5
  118. Schedule 3: Eligible properties
  119. 1Paragraph 1
  120. Schedule 4: Information required for accreditation
  121. Part 1: Information required from all applicants making an accreditation application
  122. 1Paragraph 1
  123. Part 2: Additional information which may be required from an applicant for accreditation
  124. 2Paragraph 2
  125. Schedule 4A: Information required from investors making an investor application
  126. 1Paragraph 1
  127. Schedule 5Tariffs
  128. Schedule 5ANew tariffs
  129. Schedule 6: Expenditure for individual technologies
  130. 1Biomass plants
  131. 2Air source heat pumps
  132. 3Ground source heat pumps
  133. 4Solar thermal plants
  134. Schedule 7: Requirements for metering and monitoring agreements
  135. 1Paragraph 1
  136. 2Paragraph 2
  137. 3Requirements regarding the use of meters and other measuring instruments for metering and monitoring biomass boilers
  138. 4Requirements regarding the use of meters and other measuring instruments for heat pumps
  139. 5Accuracy requirements for meters and temperature sensors
  140. 6Requirements for presentation of information
  141. 7Requirements for presentation of information
  142. 8Requirements for presentation of information
  143. 9Requirements for provision of information and advice to participants
  144. 10Requirements for provision of information to the Secretary of State or the Authority
  145. 11Consumer protection requirements
  146. 12Paragraph 12 Repealed
  147. Explanatory note