Explanatory note

These Regulations, which apply to Great Britain, amend the Renewable Heat Incentive Scheme Regulations 2011 (“the RHI Regulations”) by introducing a mechanism which restricts access to the renewable heat incentive scheme if the forecast for total expenditure reaches a certain point.

Regulation 3 amends the definitions of date of accreditation and date of registration.

Regulation 4 amends regulation 22 of the RHI Regulations to prevent applications for accreditation being made during the period of suspension (as defined in regulation 51B of the RHI Regulations inserted by regulation 9).

Regulation 5 amends regulation 23 of the RHI Regulations by specifying the conditions which must be met in order for the Authority to accredit an eligible installation where the application for accreditation is received during a period of restriction (as defined in regulation 51B of the RHI Regulations inserted by regulation 9).

Regulation 6 amends regulation 25 by specifying further circumstances in which the Authority may not register a producer of biomethane for injection and the conditions which must be met where the application for registration is received during a period of restriction.

Regulation 7 amends regulation 26 to prevent applications for preliminary accreditation being made during the period of suspension.

Regulation 8 amends regulation 43 to prevent applications for additional RHI capacity being made during the period of suspension.

Regulation 9 amends the RHI Regulations by inserting a new Part 10A and a two new regulations (51A and 51B). It confers duties on the Secretary of State and the Authority and sets out the effect of a period of suspension. It imposes a duty on the Secretary of State to publish forecasts for total expenditure and specifies how those forecasts are to be calculated. It also requires the Secretary of State to notify the Authority when the forecast for total expenditure reaches a certain point and imposes a duty on the Authority to publish information notices on its website explaining the restrictions which apply during the periods of restriction and suspension.

Regulation 11 amends Schedule 1 of the RHI Regulations.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department of Energy and Climate Change at 3 Whitehall Place, London, SW1A 2AW and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk .