Regulation 92 Revocation, savings and transitional provisions

(1)

Subject to paragraphs (3) and (4), the 2011 regulations are revoked.

(2)

Subject to paragraphs (3) and (4), the following instruments or parts of instruments amending the 2011 regulations are revoked—

(a)

The Renewable Heat Incentive Scheme (Amendment) Regulations 2013^f1;

(b)

The Renewable Heat Incentive Scheme (Amendment) (No 2) Regulations 2013^f2;

(c)

The Renewable Heat Incentive Scheme (Amendment) (No 3) Regulations 2013^f3;

(d)

The Renewable Heat Incentive Scheme (Amendment) Regulations 2014^f4;

(e)

Regulations 2 to 9 of The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2015^f5;

(f)

The Renewable Heat Incentive Scheme (Amendment) Regulation 2015^f6;

(g)

The Renewable Heat Incentive Scheme (Amendment) (No 2) Regulations 2015^f7;

(h)

Regulations 2 to 10 of The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) (No. 2) Regulations 2015^f8;

(i)

Regulations 2 to 14 of The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2016^f9;

(j)

The Renewable Heat Incentive Scheme (Amendment) Regulations 2016^f10;

(k)

The Renewable Heat Incentive Scheme (Amendment) (No 2) Regulations 2016^f11.

(3)

Where an application for accreditation or registration has been made before the date on which these Regulations come into force and has not been determined before that date—

(a)

where the tariff start date for that eligible installation or producer of biomethane for injection will be before the date on which these regulations come into force, the Authority must determine the application in accordance with the 2011 regulations as if they had not been revoked;

(b)

where the tariff start date for that eligible installation or producer of biomethane for injection will be after the date on which these regulations come into force, the Authority must treat the application as having been made after the date on which these Regulations come into force.

(4)

Where an application in relation to additional RHI capacity or additional biomethane capacity has been made before the date on which these Regulations come into force and has not been determined before that date—

(a)

where the tariff start date for that additional RHI capacity or additional biomethane capacity will be before the date on which these regulations come into force, the Authority must determine the application in accordance with the 2011 regulations as if they had not been revoked;

(b)

(5)

Except as provided in paragraphs (3) and (4), anything being done under the 2011 regulations before the date on which these Regulations come into force and which has not been completed, is taken as being done under these Regulations, including—

(i)

a review of accreditation or registration;

(ii)

a review in relation to a change in ownership;

(iii)

a review in relation to a change in location;

(iv)

an investigation into alleged non-compliance;

(v)

action being taken by the Authority in relation to the withholding or reduction of periodic support payments;

(vi)

action being taken by the Authority in relation to the revocation of accreditation or registration;

(vii)

action being taken by the Authority in relation to overpayment or offsetting of periodic support payments;

(viii)

a review by the Authority of a decision made in the exercise of its functions;

(ix)

a request for information or a declaration made by the Authority which has not yet been responded to.

(6)

An accredited RHI installation which was accredited under the 2011 regulations or a producer of biomethane for injection who was registered under the 2011 regulations will, from the date on which these Regulations come into force, be accredited or registered under these Regulations.

(7)

Preliminary accreditation or preliminary registration granted under the 2011 regulations will, from the date on which these Regulations come into force, be preliminary accreditation or preliminary registration under these Regulations.

(8)

Approval of a scheme for listing approved sustainable fuels granted under the 2011 regulations will, from the date on which these Regulations come into force, be approval under these Regulations.

(9)

Guidance published under the 2011 regulations will, from the date on which these Regulations come into force, guidance under these Regulations.

(10)

In this regulation, “2011 regulations” means the Renewable Heat Incentive Scheme Regulations 2011.

Annotations

Footnotes

f1: S.I. 2013/1033.
f2: S.I. 2013/2410.
f3: S.I. 2013/3179.
f4: S.I. 2014/1413.
f5: S.I. 2015/145.
f6: S.I. 2015/197.
f7: S.I. 2015/477.
f8: S.I. 2015/1459.
f9: S.I. 2016/257.
f10: S.I. 2016/718.
f11: S.I. 2016/1197.