Regulation 6 Amendments to regulation 43

Regulation 43 (treatment of additional RHI capacity) is amended as follows.

For paragraph (1) substitute—

“(1)

This regulation applies where a participant installs additional RHI capacity.”

For paragraph (4) substitute—

“(4)

Paragraph (5) applies where—

(a)

the date of accreditation of the original capacity is before the relevant date; and

(b)

the additional RHI capacity is first commissioned within 12 months of the date on which the original installation was first commissioned.”

After paragraph (5) insert—

“(5A)

Paragraph (5B) applies where the date of accreditation of the original capacity is on or after the relevant date and the additional RHI capacity is first commissioned within 12 months of the date on which the original installation was first commissioned.

(5B)

Where this paragraph applies—

(a)

the Authority may review the accreditation of the original installation and any other accredited RHI installation using the same source of energy and technology and supplying heat to the same heating system as the additional RHI capacity;

(b)

if an application for accreditation is made in relation to the additional RHI capacity and such accreditation is granted—

(i)

the Authority must review the accreditation of the original installation; and

(ii)

from the date of the accreditation of the additional RHI capacity a participant’s periodic support payments in relation to the original installation will be replaced by periodic support payments calculated using the tariffs that would have applied if, on the tariff start date for the original installation, its installation capacity was the sum of the installation capacities of the additional RHI capacity and the original installation; and

(c)

if a review undertaken in accordance with this paragraph results in a finding that a relevant ongoing obligation is no longer being complied with, the Authority may take appropriate action under Part 7.”