The Green Gas Support Scheme Regulations 2021
S.I. 2021/1335 · Made 29 November 2021 · Extends to England, Wales and Scotland
Energy
Made 29th November 2021
Coming into force 30th November 2021
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 100 and 104(2) of the Energy Act 2008f1.
In accordance with section 105(3)f2 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.
In accordance with section 148A(1)(a) of the Government of Wales Act 2006f3, the Secretary of State has consulted the Welsh Ministers.
Annotations to the whole text
Footnotes
- f1
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2008 c. 32. Section 100 was amended by section 51 of the Infrastructure Act 2015 (c. 7) and by S.I. 2011/2195.
- f2
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Section 105 (parliamentary control of subordinate legislation) was amended by section 51 of the Infrastructure Act 2015 which inserted subsections (3A) to (3I) concerning provisions which require the affirmative resolution procedure.
- f3
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2006 c. 32. Section 148A, which was added by section 55(1) of the Wales Act 2017 (c. 4), requires the Secretary of State to consult the Welsh Ministers before establishing a renewable energy incentive scheme under section 100 of the Energy Act 2008 (“the 2008 Act”) that applies in Wales, but not in relation to any levy in connection with such a scheme.
Contents
- Part 1: Introductory
- 1Citation, commencement and extent
- 2Interpretation
- 3The Green Gas Support Scheme
- Part 2: Registration of participants and tariff guarantees
- 4Application for tariff guarantee and budget allocation
- 5Application for registration as a participant
- 6Determination of application for registration and the central register
- 7Treatment of grants from public funds
- 8Additional capacity for biomethane production
- 8ARegistration of eligible heat pumps
- Part 3: Ongoing obligations on participants
- 9Ongoing participant obligations: biomethane
- 10Ongoing participant obligations: general
- 11Ongoing participant obligations: the provision of information
- 12Ongoing participant obligations: sustainability
- 13Ongoing participant obligations: sustainability audit reports
- Part 4: Changes affecting participants
- 14Review of registration following notification of a change in circumstances
- 15Change of producer of biomethane
- 16Withdrawal of participant
- Part 5: Periodic support payments
- 17Interpretation of this Part
- 18Periodic support payments
- 19Publication of tariffs
- 20Expenditure forecast statement and tariff change notice
- 21Calculation and payment of periodic support payments to participants
- 22Calculation of initial tariffs and tariff review
- 23Calculation of A
- 24Calculation of B
- 25Calculation of subsequent tariffs
- 26Tariff tiers
- 27Periodic support payments to participants
- 28Reconciliation payments for biomethane
- Part 6: Compliance and enforcement: participants
- 29Power to temporarily withhold periodic support payments to investigate alleged non-compliance
- 30Power to withhold periodic support payments: further provisions
- 31Power to reduce a participant’s periodic support payments
- 32Revocation of registration
- 33Power to correct the level of tariff being paid to a participant
- 34Overpayment notices and offsetting
- 35Revocation of sanctions
- 36Power to inspect equipment used to produce biomethane
- 37Application of this Part in relation to former participant
- Part 7: The levy
- Chapter 1: Introductory
- 38Scheme suppliers, provisionally exempt suppliers, and exempt suppliers
- 39Calculation and publication of the levy rate
- Chapter 2: Quarterly levy payments and levy credit payments
- 40Calculation and notification of quarterly levy payments
- 41Calculation of credit cover requirement
- 42Levy credit payments
- 43Letters of credit
- 43ADe minimis
- Chapter 3: Payments to scheme suppliers
- 44Distribution of interest on levy credit payments
- 45Repayment of levy credit payments
- Part 8: Additional obligations on scheme suppliers
- 46Additional scheme supplier obligations: general
- 47Additional scheme supplier obligations: the provision of information
- 48Additional scheme supplier obligations: daily meter point data
- Part 9: Changes affecting scheme suppliers
- 49Former provisionally exempt suppliers
- 50Exempt suppliers
- 51Former scheme suppliers
- Part 10: Compliance and enforcement: scheme suppliers
- 52Anticipated default notices
- 53Enforcement notices
- 54Interest
- 55Draw down of credit cover
- 56Mutualisation
- 57Penalty notices
- 58Recovery of unpaid amounts as a civil debt
- 59Default register
- 60Appeals
- 61Application of this Part in relation to former scheme supplier
- Part 11: Administrative functions of the Authority
- 62Right of review
- 63Publication of guidance and scheme schedule
- 64Provision of information to the Authority etc
- 65Reporting obligations
- 66Additional information
- 67Power to use and disclose information
- 68Notices
- Signature
- Schedule 1: Information required for registration
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 1A: Information required for registration of an eligible heat pump
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 2: Approval of schemes for listing sustainable fuels
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 3: Land criteria
- Part 1: Interpretation
- 1Paragraph 1
- Part 2: Land criteria for solid biomass which is wood or wholly derived from wood, excluding energy crops
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Part 3: Land criteria for other solid biomass including energy crops
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Explanatory note