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The Renewable Heat Incentive Scheme Regulations 2017

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2017, ISBN 9780111156476

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 105(3) of the Energy Act 2008, for approval by resolution of each House of Parliament.

Energy

Laid before Parliament ***

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred by sections 100 and 104(2) of the Energy Act 2008f1, makes the following Regulations.

In accordance with section 105(3) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

In accordance with section 100(7) of that Act, the Secretary of State has obtained the consent of the Scottish Ministers to the making of these Regulations.

Annotations to the whole text

Footnotes

f1

2008 c. 32; section 100 was amended by S.I. 2011/2195 and section 51 of the Infrastructure Act 2015 (c.7). Section 51 also amended section 105 of the Energy Act 2008 (Parliamentary control of subordinate legislation) and inserted subsections (3A) to (3I) concerning provisions which require the affirmative resolution procedure.

Contents

  1. Part 1: Introductory provisions
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Renewable heat incentive scheme
  5. Part 2: Eligibility and matters relating to eligibility
  6. Chapter 1: Eligible installations
  7. 4Eligible installations
  8. Chapter 2: Eligibility criteria for technologies
  9. 5Eligible installations generating heat from solid biomass
  10. 6RHI emission certificates
  11. 7Eligible installations generating heat from solid biomass contained in waste
  12. 8Eligible installations generating heat using solar collectors
  13. 9Eligible installations generating heat using ground source heat pumps
  14. 10Eligible installations generating heat using air source heat pumps
  15. 11Eligible installations which are shared ground loop systems
  16. 12Eligible installations which are CHP systems
  17. 13Eligible installations which are new solid biomass CHP systems
  18. 14Eligible installations generating heat using geothermal sources
  19. 15Eligible installations generating heat using biogas
  20. 16Other eligibility requirements for technologies
  21. 17Planning permission
  22. 18Certification for installation of microgeneration heating equipment
  23. 19Plants comprised of more than one plant
  24. 20Excluded plants
  25. Chapter 3: Eligibility criteria in relation to metering and steam measuring
  26. 21Metering of plants in simple systems where application for accreditation of the plant is made before 24th September 2013
  27. 22Metering of plants in complex systems where application for accreditation of the plant is made before 24th September 2013
  28. 23Metering in respect of applications for accreditation made on or after 24th September 2013
  29. 24Metering in respect of shared ground loop systems
  30. 25Electricity metering in respect of ground source and air source heat pumps in respect of which the application for accreditation is made on or after 28th May 2014 and shared ground loop systems
  31. 26Shared meters
  32. 27Metering of CHP systems generating electricity only before commissioning as a CHP system
  33. 28Matters relating to all heat meters and steam measuring equipment
  34. 29Additional metering requirements for plants generating heat from biogas
  35. Part 3: Accreditation, registration and tariff guarantees
  36. 30Applications for accreditation
  37. 31Treatment of grants from public funds
  38. 32Producers of biomethane
  39. 33Preliminary accreditation
  40. 34Preliminary registration of biomethane producers
  41. 35Tariff guarantees
  42. Part 4: Ongoing obligations for participants
  43. Chapter 1: Ongoing obligations relating to the use of solid biomass to generate heat
  44. 36Interpretation
  45. 37Participants using solid biomass contained in waste
  46. 38Participants using solid biomass in accredited RHI installations with an installation capacity of 1MWth or above
  47. 39Participants using solid biomass in accredited RHI installations with an installation capacity of between 45kWth and 1MWth
  48. Chapter 2: Ongoing obligations relating to the use of biogas to generate heat and the production of biomethane for injection
  49. 40Biogas produced from gasification or pyrolysis
  50. 41Participants generating heat from biogas
  51. 42Biomethane producers
  52. Chapter 3: Ongoing obligations relating to other matters
  53. 43Ongoing obligations: general
  54. 44Ongoing obligations: emissions from biomass
  55. 45Ongoing obligations in relation to metering
  56. 46Ongoing obligations in relation to the provision of information
  57. Part 5: Sustainable solid biomass etc
  58. 47Interpretation
  59. 48Ongoing obligation to use sustainable solid biomass or biogas or to produce sustainable biomethane
  60. 49Information to be provided to the Authority in relation to the use of sustainable solid biomass etc
  61. 50Sustainability audit reports
  62. 51Schemes for listing approved sustainable fuels
  63. Part 6: Changes affecting accredited RHI installations
  64. 52Review of accreditation or registration following notification of a change in circumstances
  65. 53Change in circumstances for shared ground loop systems
  66. 54Changes in ownership
  67. 55Changes in location of accredited RHI installations
  68. Part 7: Periodic support payments
  69. 56Interpretation
  70. 57Publication of tariffs
  71. 58Expenditure forecast statement and tariff change notice
  72. 59Calculation and payment of periodic support payments to participants
  73. 60Calculation of initial tariffs
  74. 61Calculation of A
  75. 62Calculation of subsequent tariffs
  76. 63Tiered tariffs
  77. 64Periodic support payments for accredited RHI installations in simple systems in respect of which an application for accreditation was made before 24th September 2013
  78. 65Periodic support payments accredited RHI installations for complex systems in respect of which an application for accreditation was made before 24th September 2013
  79. 66Periodic support payments for accredited RHI installations in respect of which an application for accreditation is made on or after 24th September 2013
  80. 67Periodic support payments for CHP systems using biomass or biogas in combination with other sources of energy
  81. 68Periodic support payments for new solid biomass CHP systems
  82. 69CHP systems accredited in relation to the Renewables Obligation
  83. 70Periodic support payments for shared ground loop systems
  84. 71Fossil fuel contamination of solid biomass and fossil fuel used for permitted ancillary purposes
  85. 72Fossil fuel contamination adjustment to periodic support payments for producers and combusters of biogas produced from gasification and pyrolysis
  86. 73Periodic support payments to producers of biomethane
  87. 74Reconciliation payments for biogas and biomethane produced by anaerobic digestion on or after the date on which these regulations come into force
  88. 75Calculation of heat loss in certain circumstances
  89. Part 8: Additional RHI capacity
  90. 76Additional RHI capacity
  91. 77Additional capacity for biomethane production
  92. Part 9: Enforcement
  93. 78Power to temporarily withhold periodic support payments to investigate alleged non-compliance
  94. 79Power to withhold periodic support payments: further provisions
  95. 80Power to permanently withhold or reduce a participant’s periodic support payments
  96. 81Revocation of accreditation or registration
  97. 82Power to correct the level of tariff being paid to a participant
  98. 83Overpayment notices and offsetting
  99. 84Revocation of sanctions
  100. 85Power to inspect accredited RHI installations and equipment used to produce biomethane
  101. Part 10: Administrative functions of the Authority
  102. 86Right of review
  103. 87Publication of guidance and tariffs
  104. 88Provision of information to the Authority etc
  105. 89Reporting obligations
  106. 90Additional information
  107. 91Notices
  108. Part 11: Revocation and savings
  109. 92Revocation, savings and transitional provisions
  110. Signature
  111. Schedule 1: Content of RHI emission certificates
  112. 1Paragraph 1
  113. 2Paragraph 2
  114. 3Paragraph 3
  115. 4Paragraph 4
  116. 5Paragraph 5
  117. 6Paragraph 6
  118. 7Paragraph 7
  119. 8Paragraph 8
  120. 9Paragraph 9
  121. 10Paragraph 10
  122. 11Paragraph 11
  123. 12Paragraph 12
  124. 13Paragraph 13
  125. 14Paragraph 14
  126. 15Paragraph 15
  127. 16Paragraph 16
  128. Schedule 2: Information required for accreditation or registration
  129. 1Paragraph 1
  130. Schedule 3: Greenhouse gas criteria
  131. 1Paragraph 1
  132. 2Paragraph 2
  133. 3Paragraph 3
  134. 4Paragraph 4
  135. Schedule 4: Land criteria
  136. Part 1: Interpretation
  137. 1Paragraph 1
  138. 2Paragraph 2
  139. 3Paragraph 3
  140. Part 2: Land criteria for solid biomass which is wood or wholly derived from wood, excluding energy crops
  141. 4Paragraph 4
  142. 5Paragraph 5
  143. 6Paragraph 6
  144. 7Paragraph 7
  145. Part 3: Land criteria for other solid biomass including energy crops
  146. 8Paragraph 8
  147. 9Paragraph 9
  148. 10Paragraph 10
  149. 11Paragraph 11
  150. 12Paragraph 12
  151. Schedule 5: Information to be provided to the Authority where biomass is used for combustion or production of biomethane
  152. 1Paragraph 1
  153. 2Paragraph 2
  154. 3Paragraph 3
  155. Schedule 6Tariffs
  156. Schedule 7: Degression
  157. 1Calculation of B
  158. 2Calculation of C
  159. Explanatory note