Regulation 44 Savings and transitional provisions consequent upon revocation of 2012 Regulations

Part 5 of the 2012 Regulations (periodic support payments) continues to apply, for the purposes of the Department exercising its functions in relation to periodic support payments under the 2012 Regulations, including processing a periodic support payment, where entitlement to that periodic support payment arose before the coming into operation of these Regulations.

But a person is not entitled to a periodic support payment under the 2012 Regulations in respect of a period of time in which the person is entitled to an annual closure payment under these Regulations.

Regulation 24 of the 2012 Regulations (changes in ownership) continues to apply, for the purposes of the Department processing a change of ownership under the 2012 Regulations, where the Department received notification of the change in ownership in accordance with regulation 24(2)(a) of the 2012 Regulations before the coming into operation of these Regulations.

Regulation 24A of the 2012 Regulations (changes in location of accredited RHI installations) continues to apply, for the purposes of the Department processing a change in location of an accredited RHI installation under the 2012 Regulations, where the Department received notification of the change in location in accordance with regulation 24A(2)(a) of the 2012 Regulations before the coming into operation of these Regulations.

Regulation 50 of the 2012 Regulations (right of review) continues to apply, for the purposes of a review of a decision made by the Department, where the application for the review was made in accordance with regulation 50 of the 2012 Regulations before the coming into operation of these Regulations.

Subject to paragraph (5), regulations 38 and 39 of these Regulations apply in respect of a review of a decision made by the Department in the period before these Regulations come into operation as they apply in respect of a decision made by the Department after these Regulations come into operation.

Where an existing accreditation is revoked under these Regulations, regulation 47 of the 2012 Regulations (overpayments and offsetting) continues to apply in respect of that accreditation for the purposes of requiring a person to repay a periodic support payment as a civil debt owing to the Department.

Provisions of the 2012 Regulations that continue to apply by virtue of this regulation cease to apply on 01 March 2027.