Regulation 41 Ongoing obligations: annual declarationsI1
England, Wales and Scotland
A participant (“P”) must submit a declaration each year to the Authority, at such time and in such form as the Authority may request, confirming—
that P continues to own the accredited domestic plant;
that, to the best of P’s knowledge and belief, no owner or previous owner of the accredited domestic plant has received—
any grant from public funds for the cost of the purchase or installation of the accredited domestic plant other than any grant which was notified to the Authority before the accreditation application was determined; or
funding from any other source (other than under a loan or a Green Deal Plan for which an owner is liable to make, or has made, payments) which reimbursed all of the costs incurred by P, any other owner or any previous owner for the cost of the purchase or installation of the accredited domestic plant;
that the accredited domestic plant is in good working F1order, no repair work has been carried out in relation to the plant, no part of the plant has been replaced and the plant has not been replaced with another plant, unless P has notified the F2Authority under regulation 40(1) of the repair work, the replacement of part of the plant during the repair work, or the installation of a replacement plant;
the number of days on which the RHI property was occupied in the 12 month period ending on the date the declaration is given and the number of days on which P expects the property to be occupied in the next 12 months;
a change in the level of occupancy if—
the number of days the RHI property was occupied in the 12 month period ending on the date the declaration is given was less than 183 days;
this level of occupancy has not previously been notified to the Authority under regulation 40 or this regulation; and
the Authority has not provided a metering statement for the plant;
if P does not live in the RHI property, that all occupants of the property have agreed to permit access to the property by the Authority, the Secretary of State or the Authority’s authorised agent for the purposes of carrying out any function under these Regulations;
where the Authority has provided a metering statement for the accredited domestic plant, that each eligible meter which is required under that statement is in good working order; F4...
where the accredited domestic plant is a biomass plant—
that all solid biomass used in that plant on or after 5th October 2015 was—
an approved sustainable fuel at the time when it was received by the participant; or
a fuel in respect of which the Secretary of State has made a declaration under regulation 36E(5) of the Renewable Heat Incentive Scheme Regulations 2011 or regulation 51(5) of the Renewable Heat Incentive Scheme Regulations 2018; and
the authorisation number or other means of identification allocated to that fuel by the scheme under which, at the time it was received by the participant, that fuel was listed F7;
where the accredited domestic plant is a heat pump for which the RHI date is on or after the third relevant date, the plant continues to meet the requirements under regulation 5(2); F8...
where there is an assignment, that the contract referred to in paragraph 1(j) of Schedule 4 is still in force and its terms are being adhered to, or any change to the terms of that F9contract; and
any other matter relating to the participant’s compliance with an ongoing obligation which the Authority may request.
Annotations
Textual amendments
- F1
Words in reg. 41(c) substituted (1.4.2022) by The Domestic Renewable Heat Incentive Scheme and Renewable Heat Incentive Scheme (Amendment) Regulations 2022 (S.I. 2022/159), regs. 1(3), 14(a)(i)
- F2
Words in reg. 41(c) substituted (1.4.2022) by The Domestic Renewable Heat Incentive Scheme and Renewable Heat Incentive Scheme (Amendment) Regulations 2022 (S.I. 2022/159), regs. 1(3), 14(a)(ii)
- F3
Reg. 41(da) inserted (1.4.2022) by The Domestic Renewable Heat Incentive Scheme and Renewable Heat Incentive Scheme (Amendment) Regulations 2022 (S.I. 2022/159), regs. 1(3), 14(b)
- F4
Word in reg. 41 omitted (22.5.2018) by virtue of The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 16(a)
- F5
Reg. 41(g) inserted (5.2.2015) by The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2015 (S.I. 2015/145), regs. 1, 12
- F6
Reg. 41(g)(i) substituted (1.4.2022) by The Domestic Renewable Heat Incentive Scheme and Renewable Heat Incentive Scheme (Amendment) Regulations 2022 (S.I. 2022/159), regs. 1(3), 14(c)
- F7
Reg. 41(h)(i) inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 16(b)
- F8
Word in reg. 41(h) omitted (1.4.2022) by virtue of The Domestic Renewable Heat Incentive Scheme and Renewable Heat Incentive Scheme (Amendment) Regulations 2022 (S.I. 2022/159), regs. 1(3), 14(d)
- F9
Words in reg. 41(i) substituted (1.4.2022) by The Domestic Renewable Heat Incentive Scheme and Renewable Heat Incentive Scheme (Amendment) Regulations 2022 (S.I. 2022/159), regs. 1(3), 14(e)
- F10
Reg. 41(j) inserted (1.4.2022) by The Domestic Renewable Heat Incentive Scheme and Renewable Heat Incentive Scheme (Amendment) Regulations 2022 (S.I. 2022/159), regs. 1(3), 14(f)
Commencement
- I1
Reg. 41 in force at 9.4.2014, see reg. 1