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Regulation 45 Review of accreditation or investor registration following notification of a change in circumstancesF7I1

England, Wales and Scotland

(1)

This regulation applies where the Authority receives a notification under regulation 40 F1or regulation 44B, and regulations F222F, F343A, 47 and 48 do not apply.

(2)

Where this regulation applies, subject to regulation 46(2)(b), no RHI payment may be made for the accredited domestic plant until the requirements set out in paragraph (4) are met.

(3)

On receipt of F4a notification under regulation 40, the Authority may—

(a)

require the participant to provide such of the information specified in Schedule 4 and any declarations the Authority considers necessary for the proper administration of the domestic RHI scheme; and

(b)

review the accreditation of the accredited domestic plant to ensure that it continues to meet the eligibility criteria.

F5(3A)

On receipt of a notification under regulation 44B, the Authority may—

(a)

require RI to provide such of the information specified in Schedule 4A and any information or declarations the Authority considers necessary for the proper administration of the domestic RHI scheme; and

(b)

review RI’s investor registration to ensure RI continues to meet the ongoing obligations to which RI is subject.

F6(4)

The requirements referred to in paragraph (2) are that—

(a)

in the case of a notification under regulation 40, the Authority has notified the participant and, where applicable, NRI that—

(i)

it is satisfied that the matters to which the notification relates are such that it is unnecessary to review the accreditation of the plant; or

(ii)

it has carried out a review and is satisfied that the plant may continue to be an accredited domestic plant; or

(b)

in the case of a notification under regulation 44B, the Authority has notified NRI in relation to that plant, that—

(i)

it is satisfied that the matters to which the notification relates are such that it is unnecessary to review RI’s investor registration; or

(ii)

it has carried out a review and is satisfied that RI may continue to be an RI.

(5)

Following a notification under paragraph (4) the Authority must resume payment of RHI payments in accordance with these Regulations.

Annotations

Textual amendments

F1

Words in reg. 45(1) inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 18(b)(i)

F2

Word in reg. 45(1) inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 18(b)(ii)

F3

Word in reg. 45(1) 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), 17

F4

Words in reg. 45(3) substituted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 18(c)

F5

Reg. 45(3A) inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 18(d)

F6

Reg. 45(4) substituted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 18(e)

F7

Words in reg. 45 heading inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 18(a)

Commencement

I1

Reg. 45 in force at 9.4.2014, see reg. 1