{
  "url": "https://openlegislation.uk/draft-renewable-heat-incentive-scheme-amendment-regulations-2013/regulation-5",
  "json_url": "https://openlegislation.uk/draft-renewable-heat-incentive-scheme-amendment-regulations-2013/regulation-5.json",
  "legislation": "ukdsi/2013/9780111535738",
  "legislation_title": "The Renewable Heat Incentive Scheme (Amendment) Regulations 2013",
  "legislation_url": "https://openlegislation.uk/draft-renewable-heat-incentive-scheme-amendment-regulations-2013",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Calculation of tariffs",
  "text": "After regulation 37 insert—\n“Calculation of initial tariffs on or after the relevant date\n37A. (1) This regulation applies for the purposes of calculating the initial tariff if the tariff start date is on or after the relevant date.\n(2) Where this regulation applies, the initial tariff is calculated in accordance with the formula—\nA×( 1−B−C ) where—\n(a) A is calculated in accordance with regulation 37B;\n(b) B is calculated in accordance with regulation 37C; and\n(c) C is calculated in accordance with regulation 37D.\nCalculation of A\n37B. (1) For the purposes of regulation 37A, A is calculated as follows.\n(2) If the tariff start date falls within the period commencing with the relevant date and ending with 30th June 2013, A is the tariff set out in Schedule 3—\n(a) adjusted by the percentage increase or decrease in the retail prices index for the calendar year ending 31st December 2011 (the resulting figure being rounded to the nearest tenth of a penny, with any twentieth of a penny being rounded upwards);\n(b) further adjusted by the percentage increase or decrease in the retail prices index for the calendar year ending 31st December 2012 (the resulting figure being rounded to the nearest tenth of a penny, with any twentieth of a penny being rounded upwards).\n(3) If the tariff start date falls within any subsequent tariff period commencing with 1st July, 1st October or 1st January, A is the tariff that would have been applicable if the tariff start date had fallen on the day immediately preceding the commencement of that subsequent tariff period (“the previous tariff”).\n(4) If the tariff start date is within any subsequent tariff period commencing with 1st April, A is the previous tariff adjusted by the percentage increase or decrease in the retail prices index for the calendar year ending on the 31st December immediately preceding the commencement of that subsequent tariff period, the resulting figure being rounded to the nearest tenth of a penny, with any twentieth of a penny being rounded upwards.\nCalculation of B\n37C. (1) For the purposes of regulation 37A, B is calculated as follows.\n(2) For the purposes of this regulation—\n(a) the first test is met in relation to an assessment date if the forecast for total expenditure as at that date exceeds the figure specified for that assessment date in the second column of the table in Schedule 4;\n(b) the second test is met in relation to an assessment date if, as at that assessment date, the forecast for expenditure applicable to the accredited RHI installation or participant who produces biomethane for injection exceeds the figure specified in relation to that date in the second column of the table in the relevant Part of Schedule 5.\n(3) B is 0 if—\n(a) the tariff start date falls within the period commencing with the relevant date and ending with 30th June 2013;\n(b) the first test is not met in relation to the assessment date immediately preceding the commencement of the tariff period in which the tariff start date falls (“the relevant assessment date”); or\n(c) the second test is not met in relation to the relevant assessment date.\n(4) B is 0.05 if—\n(a) the tariff start date is later than 30th June 2013;\n(b) the first test is met in relation to the relevant assessment date; and\n(c) the second test is met in relation to relevant assessment date.\nCalculation of C\n37D. (1) For the purposes of regulation 37A, C is calculated as follows.\n(2) For the purposes of this regulation—\n(a) the first test is met in relation to an assessment date if the forecast for total expenditure as at that date exceeds the figure specified for that assessment date in the third column of the table in Schedule 4;\n(b) the second test is met in relation to an assessment date if, as at that assessment date, the forecast for expenditure applicable to the accredited RHI installation or participant who produces biomethane for injection exceeds the figure specified in relation to that date in the third column of the table in the relevant Part of Schedule 5;\n(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—\n(i) does not exceed 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”); or\n(ii) exceeds the anticipated increase figure by less than 50% of the anticipated increase figure;\n(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 exceeds the anticipated increase figure by at least 50% but no more than 150%;\n(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 exceeds the anticipated increase figure by more than 150%.\n(3) C is 0 if—\n(a) the tariff start date falls within the period commencing with the relevant date and ending with 30th June 2013;\n(b) the first test is not met in relation to the assessment date immediately preceding the commencement of the tariff period in which the tariff start date falls (“the relevant assessment date”);\n(c) the second test is not met in relation to the relevant assessment date; or\n(d) the second test is met in relation to the relevant assessment date but—\n(i) during the tariff period that immediately preceded the tariff period in which the tariff start date falls the value of C in relation to the applicable source of energy or technology and installation capacity, or in relation to the production of biomethane, was greater than 0; and\n(ii) the third test is met.\n(4) C is 0.05 if—\n(a) the first test is met in relation to the relevant assessment date;\n(b) the second test is met in relation to the relevant assessment date; and\n(c) either—\n(i) during the tariff period that immediately preceded the tariff period in which the tariff start date falls the value of C in relation to the applicable source of energy or technology and installation capacity, or in relation to the production of biomethane, was 0; or\n(ii) the fourth test is met.\n(5) C is 0.10 if—\n(a) the first test is met in relation to the relevant assessment date;\n(b) the second test is met in relation to the relevant assessment date;\n(c) during the tariff period that immediately preceded the tariff period in which the tariff start date falls the value of C in relation to the applicable source of energy or technology and installation capacity, or in relation to the production of biomethane, was 0.05; and\n(d) the fifth test is met.\n(6) C is 0.20 if—\n(a) the first test is met in relation to the relevant assessment date;\n(b) the second test is met in relation to the relevant assessment date;\n(c) during the tariff period that immediately preceded the tariff period in which the tariff start date falls the value of C in relation to the applicable source of energy or technology and installation capacity, or in relation to the production of biomethane, was more than 0.05; and\n(d) the fifth test is met.\nExpenditure forecast statement and tariff change notice\n37E. (1) The Secretary of State must publish on the GOV.UK website an expenditure forecast statement in accordance with this regulation.\n(2) For that purpose the Secretary of State must determine—\n(a) the forecast for total expenditure;\n(b) for each tariff category other than “biomethane and biogas combustion”, the forecast for expenditure in relation to the relevant installations that fall within that tariff category;\n(c) the forecast for expenditure in relation to the relevant installations that generate heat from biogas and the participants who produce biomethane for injection; and\n(d) in relation to each of the forecasts for expenditure referred to in sub-paragraphs (b) and (c) the increase in expenditure forecast for that tariff category, that is to say the difference between—\n(i) the forecast for expenditure as at the assessment date immediately preceding the date on which the expenditure forecast is published (“the latest assessment date”); and\n(ii) the forecast for expenditure as at the assessment date three months before the latest assessment date.\n(3) An expenditure forecast statement must set out, as at the latest assessment date—\n(a) the forecast for total expenditure;\n(b) each of the forecasts for expenditure referred to in paragraph (1)(b) and (c); and\n(c) each of the increase in expenditure forecasts referred to in paragraph (1)(d).\n(4) If, as a result of the forecast and by virtue of paragraphs (7) and (7A) of regulation 37, the new initial tariff will be different from the former initial tariff, the Secretary of State must also—\n(a) calculate the new initial tariff in accordance with those paragraphs; and\n(b) publish with the expenditure forecast statement a notice (“the tariff change notice”) setting out the new initial tariff and the date on which it will take effect.\n(5) For the purposes of paragraph (4)—\n(a) “new initial tariff” means the initial tariff for an accredited RHI installation or a producer of biomethane for injection having a start date which falls within the next tariff period;\n(b) “former initial tariff” means the initial tariff that would have been applicable to the installation or producer if the tariff start date had fallen on the day immediately preceding the commencement of that tariff period.\n(6) The expenditure forecast statement and, if applicable, the tariff change notice must be published by 1st June 2013, 1st September 2013, 1st December 2013 and subsequently by 1st March, 1st June, 1st September and 1st December in each year.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2013/9780111535738/regulation/5",
    "retrieved_at": "2026-10-30T14:50:09.591463+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}