# The Renewable Heat Incentive Scheme (Amendment) (No. 3) Regulations 2013, Regulation 4: Amendments to regulation 37D


In regulation 37D (calculation of C)—
(a) in paragraph (2), for sub-paragraphs (c) to (e) substitute—
“(c) the third test is met in relation to an assessment date if, as at that assessment date, the increase in expenditure forecast applicable to the installation or participant is less than 50% of the figure specified in relation to that date in the fourth column of the table in the relevant Part of Schedule 5 (“the anticipated increase figure”);
(d) the fourth test is met in relation to an assessment date if, as at that assessment date, the increase in expenditure forecast applicable to the installation or participant is at least 50% of, but less than 150% of, the anticipated increase figure;
(e) the fifth test is met in relation to an assessment date if, as at that assessment date, the increase in expenditure forecast applicable to the installation or participant is at least 150% of the anticipated increase figure.”
(b) after paragraph (3) insert—
“(3A) C is 0 if—
(a) the application for accreditation was made in the period—
(i) commencing with 24th September 2013, and
(ii) ending with the day before the date on which the Renewable Heat Incentive Scheme (Amendment) (No. 3) Regulations 2013 come into force or 1st January 2014, whichever is the earlier;
(b) compliance with regulation 5(1)(d)(ii) is one of the eligibility criteria in relation to that installation;
(c) except in relation to compliance with regulation 5(1)(d)(ii), before 1st January 2014—
(i) the application was properly made, and
(ii) the eligibility criteria were met;
(d) the plant has an installation capacity of 500 kWth or less;
(e) the plant is commissioned before 1st January 2014; and
(f) the tariff start date falls on or after 1st January 2014.”
(c) in paragraphs (4), (5) and (6) before “C is” insert “Except where paragraph (3A) applies,”.

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Source: https://www.legislation.gov.uk/ukdsi/2013/9780111105382/regulation/4 (the official version)
Page: https://openlegislation.uk/draft-renewable-heat-incentive-scheme-amendment-no-3-regulations-2013/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.