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The Green Gas Support Scheme Regulations 2021 in England

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2021, ISBN 9780348227284

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 105(3) of the Energy Act 2008, for approval by resolution of each House of Parliament.

Energy

Made ***

Coming into force ***

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

In accordance with section 105(3)f2 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.

In accordance with section 148A(1)(a) of the Government of Wales Act 2006f3, the Secretary of State has consulted the Welsh Ministers.

Annotations to the whole text

Footnotes

f1

2008 c. 32. Section 100 was amended by section 51 of the Infrastructure Act 2015 (c. 7) and by S.I. 2011/2195.

f2

Section 105 (parliamentary control of subordinate legislation) was amended by section 51 of the Infrastructure Act 2015 which inserted subsections (3A) to (3I) concerning provisions which require the affirmative resolution procedure.

f3

2006 c. 32. Section 148A, which was added by section 55(1) of the Wales Act 2017 (c. 4), requires the Secretary of State to consult the Welsh Ministers before establishing a renewable energy incentive scheme under section 100 of the Energy Act 2008 (“the 2008 Act”) that applies in Wales, but not in relation to any levy in connection with such a scheme.

Contents

  1. Part 1: Introductory
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 3The Green Gas Support Scheme
  5. Part 2: Registration of participants and tariff guarantees
  6. 4Application for tariff guarantee and budget allocation
  7. 5Application for registration as a participant
  8. 6Determination of application for registration and the central register
  9. 7Treatment of grants from public funds
  10. 8Additional capacity for biomethane production
  11. Part 3: Ongoing obligations on participants
  12. 9Ongoing participant obligations: biomethane
  13. 10Ongoing participant obligations: general
  14. 11Ongoing participant obligations: the provision of information
  15. 12Ongoing participant obligations: sustainability
  16. 13Ongoing participant obligations: sustainability audit reports
  17. Part 4: Changes affecting participants
  18. 14Review of registration following notification of a change in circumstances
  19. 15Change of producer of biomethane
  20. 16Withdrawal of participant
  21. Part 5: Periodic support payments
  22. 17Interpretation of this Part
  23. 18Periodic support payments
  24. 19Publication of tariffs
  25. 20Expenditure forecast statement and tariff change notice
  26. 21Calculation and payment of periodic support payments to participants
  27. 22Calculation of initial tariffs and tariff review
  28. 23Calculation of A
  29. 24Calculation of B
  30. 25Calculation of subsequent tariffs
  31. 26Tariff tiers
  32. 27Periodic support payments to participants
  33. 28Reconciliation payments for biomethane
  34. Part 6: Compliance and enforcement: participants
  35. 29Power to temporarily withhold periodic support payments to investigate alleged non-compliance
  36. 30Power to withhold periodic support payments: further provisions
  37. 31Power to reduce a participant’s periodic support payments
  38. 32Revocation of registration
  39. 33Power to correct the level of tariff being paid to a participant
  40. 34Overpayment notices and offsetting
  41. 35Revocation of sanctions
  42. 36Power to inspect equipment used to produce biomethane
  43. 37Application of this Part in relation to former participant
  44. Part 7: The levy
  45. Chapter 1: Introductory
  46. 38Scheme suppliers, provisionally exempt suppliers, and exempt suppliers
  47. 39Calculation and publication of the levy rate
  48. Chapter 2: Quarterly levy payments and levy credit payments
  49. 40Calculation and notification of quarterly levy payments
  50. 41Calculation of credit cover requirement
  51. 42Levy credit payments
  52. 43Letters of credit
  53. Chapter 3: Payments to scheme suppliers
  54. 44Distribution of interest on levy credit payments
  55. 45Repayment of levy credit payments
  56. Part 8: Additional obligations on scheme suppliers
  57. 46Additional scheme supplier obligations: general
  58. 47Additional scheme supplier obligations: the provision of information
  59. 48Additional scheme supplier obligations: daily meter point data
  60. Part 9: Changes affecting scheme suppliers
  61. 49Former provisionally exempt suppliers
  62. 50Exempt suppliers
  63. 51Former scheme suppliers
  64. Part 10: Compliance and enforcement: scheme suppliers
  65. 52Anticipated default notices
  66. 53Enforcement notices
  67. 54Interest
  68. 55Draw down of credit cover
  69. 56Mutualisation
  70. 57Penalty notices
  71. 58Recovery of unpaid amounts as a civil debt
  72. 59Default register
  73. 60Appeals
  74. 61Application of this Part in relation to former scheme supplier
  75. Part 11: Administrative functions of the Authority
  76. 62Right of review
  77. 63Publication of guidance and scheme schedule
  78. 64Provision of information to the Authority etc
  79. 65Reporting obligations
  80. 66Additional information
  81. 67Power to use and disclose information
  82. 68Notices
  83. Signature
  84. Schedule 1: Information required for registration
  85. 1Paragraph 1
  86. 2Paragraph 2
  87. 3Paragraph 3
  88. 4Paragraph 4
  89. Schedule 2: Approval of schemes for listing sustainable fuels
  90. 1Paragraph 1
  91. 2Paragraph 2
  92. 3Paragraph 3
  93. 4Paragraph 4
  94. 5Paragraph 5
  95. 6Paragraph 6
  96. 7Paragraph 7
  97. 8Paragraph 8
  98. Schedule 3: Land criteria
  99. Part 1: Interpretation
  100. 1Paragraph 1
  101. Part 2: Land criteria for solid biomass which is wood or wholly derived from wood, excluding energy crops
  102. 2Paragraph 2
  103. 3Paragraph 3
  104. 4Paragraph 4
  105. 5Paragraph 5
  106. Part 3: Land criteria for other solid biomass including energy crops
  107. 6Paragraph 6
  108. 7Paragraph 7
  109. 8Paragraph 8
  110. 9Paragraph 9
  111. 10Paragraph 10
  112. Explanatory note