Regulation 3 Amendments to regulation 2

In regulation 2 (interpretation) insert the following definitions at the appropriate places—

• “assessment date” means 31st January, 30th April, 31st July or 31st October in any year;

• “average load factor”—

  1. (a)

     in respect of a relevant installation (except a relevant installation within paragraph (c)) which—

     1. (i)

        falls or is expected to fall within the tariff category “medium commercial biomass” or “large commercial biomass”; and

     2. (ii)

        generates or is expected to generate heat for the purposes of carrying out a process,

     means the average of the estimated hours of operation per week for eligible purposes of all such installations divided by 168;

  2. (b)

     in respect of a relevant installation (except a relevant installation within paragraph (a)) which falls or is expected to fall within a tariff category which fewer than 20 accredited RHI installations providing metering data fall within, means the average of the load factors of all accredited RHI installations;

  3. (c)

     in respect of a relevant installation which falls or is expected to fall within a tariff category which 20 or more accredited RHI installations providing metering data fall within (“sister installations”) means—

     1. (i)

        if the relevant installation uses or is expected to use heat for the same eligible purposes as 20 or more of the sister installations (“twin installations”), the average of the load factors of all twin installations;

     2. (ii)

        if the relevant installation does not use or is not expected to use heat for the same eligible purposes as 20 or more of the sister installations, the average of the load factors of all sister installations;

• “estimated energy from biomethane”, in relation to a participant who produces biomethane for injection as expressed in kWh means—

  • $FR\times T\times 10$

  where—

  1. (a)

     FR is the flow rate; and

  2. (b)

     T is the number of hours in the year commencing with the assessment date;

• “estimated heat”, in relation to a relevant installation as expressed in kWhth means—

  • $LF\times T\times C$

  where—

  1. (a)

     LF is—

     1. (i)

        if the installation has provided metering data, the load factor; or

     2. (ii)

        in any other case, the average load factor applicable in respect of that installation;

  2. (b)

     T is the number of hours in the year commencing with the assessment date; and

  3. (c)

     C is the installation capacity of that relevant installation;

• “estimated spend”, in relation to—

  1. (a)

     a relevant installation, means the estimated heat in relation to that installation multiplied by the relevant initial tariff or subsequent tariff calculated in accordance with regulations 37 to 37D;

  2. (b)

     a participant who produces biomethane for injection, means the estimated energy from biomethane in relation to that participant multiplied by the relevant initial tariff or subsequent tariff calculated in accordance with regulations 37 to 37D;

• “expenditure forecast statement” means a statement published by the Secretary of State in accordance with regulation 37E;

• “flow rate”, in relation to a participant who is a producer of biomethane for injection, means—

  • $\genfrac{}{}{0.1ex}{}{B}{H}$

  where—

  1. (a)

     B is the volume in cubic metres of biomethane injected during all quarterly periods in respect of which the participant has received a periodic support payment; and

  2. (b)

     H is the total number of hours in those quarterly periods;

• “forecast for expenditure”—

  1. (a)

     in relation to an assessment date and a relevant installation which falls or is expected to fall within any tariff category other than “biomethane and biogas combustion”, means the sum as at that assessment date of the estimated spend for each relevant installation which falls within that tariff category;

  2. (b)

     in relation to an assessment date and a relevant installation which generates or is expected to generate heat from biogas or a participant who produces biomethane for injection, means the sum as at that assessment date of—

     1. (i)

        the estimated spend for each relevant installation which generates or is expected to generate heat from biogas; and

     2. (ii)

        the estimated spend for each participant who produces biomethane for injection;

• “forecast for total expenditure”, in relation to an assessment date, means the sum as at that assessment date of—

  1. (a)

     the estimated spend for each relevant installation; and

  2. (b)

     the estimated spend for each participant who produces biomethane for injection;

• “increase in expenditure forecast” has the meaning given in regulation 37E(1)(d);

• “initial tariff” has the meaning given in regulation 37(7)(a);

• “load factor” in respect of an accredited RHI installation means—

  • $\genfrac{}{}{0.1ex}{}{M}{C\times H}$

  where—

  1. (a)

     M is the amount of heat in kWhth generated by that installation during all quarterly periods in respect of which it has received a periodic support payment;

  2. (b)

     C is the installation capacity of that installation; and

  3. (c)

     H is the total number of hours in those quarterly periods;

• “relevant date” means the date of coming into force of the Renewable Heat Incentive Scheme (Amendment) Regulations 2013;

• “relevant installation” means—

  1. (a)

     an accredited RHI installation; or

  2. (b)

     an installation for which an application for accreditation or preliminary accreditation has been made;

• “subsequent tariff” has the meaning given in regulation 37(7)(b);

• “tariff category” means a category of plant which is described in the second and third columns of Schedule 3 and identified by a tariff name in the first column of that Schedule;

• “tariff period” is a three month period commencing with 1st January, 1st April, 1st July or 1st October in any year;

• “working day” means any day other than—

  1. (a)

     a Saturday, Sunday, Good Friday, or Christmas Day; or

  2. (b)

     a day which is a bank holiday in England, Wales or Scotland under the Banking and Financial Dealings Act 1971^f1.