Explanatory note

These Regulations amend section 100 of The Energy Act 2008 (“the Act”) and make minor amendments to the Boiler Upgrade Scheme (England and Wales) Regulations 2022 S.I. 2022/565 (“the 2022 Regulations”).

Regulation 2 modifies the list of sources of energy and technologies set out in section 100(4) of the Act to include thermal energy storage systems.

Regulation 3 amends the 2022 Regulations, which established the Boiler Upgrade Scheme (“BUS”). BUS is a renewable heat incentive scheme to facilitate and encourage the use of heat pumps and biomass boilers to provide space and water heating in domestic properties and small non-domestic properties. BUS supports the installation of heat pumps and biomass boilers through a grant mechanism provided that they do not replace an existing renewable heating system.

Regulation 22 is amended to clarify that the administrator is permitted to take one, or a combination of the actions available to them under that regulation, provided that the total amount sought by the administrator does not exceed the sum of the payments due.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.