# The Renewable Heat Incentive Scheme (Amendment) Regulations 2014, Regulation 21: Preliminary registration of biomethane producers


After regulation 26 insert—
“Preliminary registration of biomethane producers
26A. (1) The Authority may grant preliminary registration to a person who—
(a) proposes to produce biomethane for injection; and
(b) has not yet started production.
(2) An application for preliminary registration must be in writing and supported by such of the information specified in Schedule 1 as the Authority may require and declarations as to—
(a) the date on which the applicant expects that injection will commence;
(b) the volume in cubic metres of biomethane which the applicant expects to produce for injection each year once injection has commenced; and
(c) the expected maximum initial capacity.
(3) The Authority may attach such conditions as it considers appropriate in granting preliminary registration under this regulation.
(4) The Authority must not grant preliminary registration unless it is satisfied that a Connection Agreement in relation to the proposed production of biomethane has been entered into.
(5) Where a person has been granted preliminary registration (and such preliminary registration has not been withdrawn) and an application for registration is made under this Part, the Authority must, subject to regulations 23 and 25(5), (7) and (8), grant that application unless it is satisfied that—
(a) there has been a material change in circumstances since the preliminary registration was granted such that, had the application for preliminary registration been made after the change, it would have been refused;
(b) any condition attached to the preliminary registration has not been complied with;
(c) the information on which the decision to grant the preliminary registration was based was incorrect in a material particular such that, had the Authority known the true position when the application for preliminary registration was made, it would have been refused;
(d) there has been a change in applicable legislation since the preliminary registration was granted such that, had the application for preliminary registration been made after the change, it would have been refused.
(6) Where any of the circumstances mentioned in paragraph (7) apply in relation to the preliminary registration which the Authority has granted, and having regard to those circumstances the Authority considers it appropriate to do so, the Authority may—
(a) withdraw the preliminary registration;
(b) amend the conditions attached to the preliminary registration;
(c) attach conditions to the preliminary registration.
(7) The circumstances referred to in paragraph (6) are—
(a) in the Authority’s view there has been a material change in circumstances since the preliminary registration was granted;
(b) any condition attached to the preliminary registration has not been complied with;
(c) the Authority considers that the information on which the decision to grant the preliminary registration was based was incorrect in a material particular;
(d) there has been a change in the applicable legislation since the preliminary registration was granted such that, had the application for preliminary registration been made after the change, it would have been refused.
(8) The Authority must send the applicant a notice setting out—
(a) its decision on an application for preliminary registration or on the withdrawal of any preliminary registration;
(b) any condition attached to the preliminary registration or any amendment to those conditions.
(9) In this regulation a “Connection Agreement” means an agreement between a person who proposes to inject biomethane into a pipe-line system and the operator of the pipe-line system which provides for the design and construction of a connection whereby the biomethane may be injected into the pipe-line system.”.

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Source: https://www.legislation.gov.uk/ukdsi/2014/9780111113936/regulation/21 (the official version)
Page: https://openlegislation.uk/draft-renewable-heat-incentive-scheme-amendment-regulations-2014/regulation-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.