Regulation 39 Ongoing obligations: generalI1
England, Wales and Scotland
A participant (“P”) must comply with the following ongoing obligations, as applicable—
if the accredited domestic plant is a biomass plant, upon a request by the Authority P must provide to the Authority evidence as to the type of fuel purchased and used in that plant for any period specified in the request during which P was a participant;
P must not receive any grant from public funds for any of the costs of the purchase or installation of the accredited domestic plant other than any grant which was notified to the Authority when the accreditation application was made;
P must ensure that the accredited domestic plant continues to meet the eligibility criteria;
P must comply with any condition attached to P’s accreditation;
P must keep the accredited domestic plant in good working order;
if P is not the owner of the RHI property, P must provide a copy of any notification under regulation 40(1)(i) or 40(1)(j) to the owner or owners of that property;
P must repay any overpayment in accordance with any notice served F1on P under regulation 60;
P must not move the accredited domestic plant to a new location;
P must comply with such other administrative requirements that the Authority may specify in relation to the effective administration of the domestic RHI scheme;
on receipt of a request for access under regulation 56 or regulation 63(3)(b), P must—
allow the Secretary of State, the Authority or the Authority’s authorised agent, as applicable, access to the RHI property F2and any related property to carry out any of the activities described in those regulations; and
offer reasonable cooperation to that person;
P must comply with any other requests by the Secretary of State under regulation 63(3)(c);
if P does not live in the RHI property P must have, at all times, agreement from all occupants of F3the RHI property and any related property that those occupants will allow the Secretary of State, the Authority or the Authority’s authorised agent reasonable access in the event of a request under regulation 56 or regulation 63(3)(b) and will co-operate with such a request; F4...
P must not seek accreditation under the Renewable Heat Incentive Scheme Regulations 2011 for an accredited domestic plant, or any other plant which provides heat to the same RHI property as an accredited domestic plant F5; and
in relation to an accredited domestic plant with a tariff start date on or after 27th June 2018, P must ensure that RHI payments are not made to an investor, directly or indirectly, unless the investor is an NRI.
Annotations
Textual amendments
- F1
Words in reg. 39(g) inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 14
- F2
Words in reg. 39(j)(i) inserted (5.2.2015) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2015 (S.I. 2015/143), regs. 1, 13(a)
- F3
Words in reg. 39(l) substituted (5.2.2015) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2015 (S.I. 2015/143), regs. 1, 13(b)
- F4
Word in reg. 39(l) omitted (27.6.2018) by virtue of The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/635), regs. 1(3), 6(a)
- F5
Reg. 39(n) and word inserted (27.6.2018) by The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/635), regs. 1(3), 6(b)
Commencement
- I1
Reg. 39 in force at 9.4.2014, see reg. 1