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The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) (No. 2) Regulations 2015

S.I. 2015/1459 · Made 30 June 2015 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 22 May 2018.

Energy

Made 30th June 2015

Laid before Parliament 6th July 2015

Coming into force in accordance with regulation 1(1) and (2)

The Secretary of State, in exercise of the powers conferred by sections 100(1) and (2) and 104(2) of the Energy Act 2008f1, makes the following Regulations.

In accordance with section 100(7)(a) 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. By virtue of subsections (3A) to (3I), these Regulations do not require the affirmative procedure.

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement and interpretation
  3. Part 2: Amendments to the Renewable Heat Incentive Scheme Regulations 2011
  4. 2Regulation 2 Repealed
  5. 3Regulation 3 Repealed
  6. 4Regulation 4 Repealed
  7. 5Regulation 5 Repealed
  8. 6Regulation 6 Repealed
  9. 7Regulation 7 Repealed
  10. 8Regulation 8 Repealed
  11. 9Regulation 9 Repealed
  12. 10Regulation 10 Repealed
  13. Part 3: Amendments to the Domestic Renewable Heat Incentive Scheme 2014
  14. 11Amendments to the Domestic Renewable Heat Incentive Scheme Regulations 2014
  15. 12Amendment to regulation 2 (interpretation)
  16. 13Amendment to regulation 8 (certification requirements)
  17. Signature
  18. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) (No. 2) Regulations 2015 and, except as provided in paragraph (2), come into force on 27th July 2015.

(2)

Regulations 4, 9 and 11 to 13 come into force on 26th September 2015.

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11Amendments to the Domestic Renewable Heat Incentive Scheme Regulations 2014I1

The Domestic Renewable Heat Incentive Scheme Regulations 2014f1 are amended in accordance with regulations 12 and 13.

12Amendment to regulation 2 (interpretation)I1

(1)

Regulation 2 is amended as follows.

(2)

Insert the following definition after the definition of “RHPP grant”—

  • ““SCOP calculator” means version 1.0 of the document entitled “MCS 026 Seasonal Coefficient of Performance Calculator” published on 1st May 2015f1;”.

(3)

In the definition of “seasonal performance factor” insert after “heat emitter guide” in paragraph (a) “or the SCOP calculator, whichever is required by the relevant installation standard”.

13Amendment to regulation 8 (certification requirements)I1

(1)

Regulation 8 is amended as follows.

(2)

For regulation 8(2)(a)(i) substitute—

“(i)

where the plant is a biomass plant—

(aa)

version 4.0 of the document entitled “Microgeneration Installation Standard: MIS 3004 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of solid biofuel heating systems” published on 16th December 2013f1;

(bb)

version 4.1 of the document entitled “Microgeneration Installation Standard: MIS 3004 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of solid biofuel heating systems” published on 1st May 2015f2; or

(cc)

version 4.2 of the document entitled “Microgeneration Installation Standard: MIS 3004 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of solid biofuel heating systems” published on 6th May 2015f3,

provided it is in force on the plant’s first commissioning date;”.

(3)

In regulation 8(2)(a)(ii)(aa) after “21st November 2014;” omit “or”.

(4)

In regulation 8(2)(a)(ii)(bb) after “16th December 2013” insert—

“; or

(cc)

version 4.3 of the document entitled “Microgeneration Installation Standard: MIS 3005 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of microgeneration heat pump systems” published on 6th May 2015f4 ”.

(5)

In regulation 8(2)(a)(iii)(aa) after “21st November 2014;” omit “or”.

(6)

In regulation 8(2)(a)(iii)(bb) after “16th December 2013” insert—

“; or

(cc)

version 4.2 of the document entitled “Microgeneration Installation Standard: MIS 3001 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of solar heating microgeneration systems” published on 1st May 2015f5”.

Signature

Bourne

Parliamentary Under Secretary of State

Department of Energy and Climate Change

30th June 2015

Explanatory note

(This note is not part of the Regulations)

These Regulations apply to Great Britain and amend the Renewable Heat Incentive Scheme Regulations 2011 (the “2011 Regulations”) and the Domestic Renewable Heat Incentive Scheme Regulations 2014 (the “2014 Regulations”). The 2011 Regulations and 2014 Regulations create schemes under which owners of plants which generate heat from specified renewable sources and meet specified criteria, and producers of biomethane for injection, may receive payments at prescribed tariffs for heat used for eligible purposes.

Regulation 3 amends a number of the definitions in the 2011 Regulations. In particular, the definitions of “estimated energy from biomethane” and “estimated spend” have been updated to improve the methodology for biomethane expenditure forecasting.

Regulation 4 amends regulation 13 of the 2011 Regulations to update the technical standards governing the installation of plants generating heat from solid biomass, ground source heat pumps, air source heat pumps and solar collectors.

Regulations 5 and 6 allow the Authority to reject an application where outstanding information has not been provided by an applicant under the 2011 Regulations within the time period specified in a notice issued by the Authority.

Regulations 7 and 8 update the sustainability criteria in the 2011 Regulations in respect of biomethane and solid biomass. In particular, regulation 7 amends the definition of “sustainable biomethane”.

Regulation 9 amends Schedule 1 to the 2011 Regulations in relation to the methodology to be used by installers when calculating the seasonal performance factor of heat pumps with an installation capacity of 45kWth or below.

Regulation 10 amends the Land Criteria in Schedule 2B of the 2011 Regulations in relation to solid biomass.

Regulation 12 amends the interpretation section of the 2014 Regulations to include reference to the latest methodology to be used by installers when calculating the seasonal performance factor of heat pumps.

Regulation 13 amends regulation 8 of the 2014 Regulations to update the technical standards governing the installation of plants generating heat from biomass plants, ground source heat pumps, air source heat pumps and solar thermal plants.

A draft of these Regulations was notified to the European Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations (OJ L 204, 21.7.1998, p.37) as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p.18).

Documents published on www.microgenerationcertification.org are also available from Gemserv Limited at 8 Fenchurch Place, London, EC3M 4AJ.

The Explanatory Memorandum will be published alongside the instrument on www.legislation.gov.uk.