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The Renewable Heat Incentive Scheme Regulations 2018

S.I. 2018/611 · Made 21 May 2018 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 November 2025.

Energy

Made 21st May 2018

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 2008 M1, makes the following Regulations.

In accordance with section 105(3) M2 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

Marginal citations

M1

2008 c.32. Section 100 was amended by section 51 of the Infrastructure Act 2015 (c.7) and by S.I. 2011/2195.

M2

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.

Contents

  1. Part 1: Introductory provisions
  2. 1Citation and commencement
  3. 2Interpretation
  4. 2AApproval of subsequent versions of standards
  5. 3Renewable heat incentive scheme
  6. 3AClosure of the Scheme to applications
  7. 3BExtension applications
  8. 3CBudget allocation for extension applications
  9. Part 2: Eligibility and matters relating to eligibility
  10. Chapter 1: Eligible installations
  11. 4Eligible installations
  12. Chapter 2: Eligibility criteria for technologies
  13. 5Eligible installations generating heat from solid biomass
  14. 6RHI emission certificates
  15. 7Eligible installations generating heat from solid biomass contained in waste
  16. 8Eligible installations generating heat using solar collectors
  17. 9Eligible installations generating heat using ground source heat pumps
  18. 10Eligible installations generating heat using air source heat pumps
  19. 11Eligible installations which are shared ground loop systems
  20. 12Eligible installations which are CHP systems
  21. 13Eligible installations which are new solid biomass CHP systems
  22. 14Eligible installations generating heat using geothermal sources
  23. 15Eligible installations generating heat using biogas
  24. 16Other eligibility requirements for technologies
  25. 17Planning permission
  26. 17AEnvironmental permits and declaration of compliance
  27. 18Certification for installation of microgeneration heating equipment
  28. 19Plants comprising more than one plant
  29. 20Excluded plants
  30. Chapter 3: Eligibility criteria in relation to metering and steam measuring
  31. 21Metering of plants in simple systems where application for accreditation of the plant was made before 24th September 2013 Repealed
  32. 22Metering of plants in complex systems where application for accreditation of the plant was made before 24th September 2013 Repealed
  33. 23Metering ...
  34. 24Metering in respect of shared ground loop systems
  35. 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
  36. 26Shared meters
  37. 27Metering of CHP systems generating electricity only before commissioning as a CHP system
  38. 28Matters relating to all heat meters and steam measuring equipment
  39. 29Additional metering requirements for plants generating heat from biogas
  40. Part 3: Accreditation, registration and tariff guarantees
  41. 30Applications for accreditation
  42. 31Treatment of grants from public funds
  43. 32Producers of biomethane
  44. 32AInteraction with the Renewable Transport Fuel Obligation
  45. 33Preliminary accreditation
  46. 34Preliminary registration of biomethane producers
  47. 35Tariff guarantees
  48. Part 4: Ongoing obligations for participants
  49. Chapter 1: Ongoing obligations relating to the use of solid biomass to generate heat
  50. 36Interpretation
  51. 37Participants using solid biomass contained in waste
  52. 38Participants using solid biomass in accredited RHI installations with an installation capacity of 1MWth or above
  53. 39Participants using solid biomass in accredited RHI installations with an installation capacity of 45kWth and above but below 1MWth
  54. Chapter 2: Ongoing obligations relating to the use of biogas to generate heat and the production of biomethane for injection
  55. 40Biogas produced from gasification or pyrolysis
  56. 40ABiogas produced from feedstock derived from fossil fuel
  57. 41Participants generating heat from biogas
  58. 42Biomethane producers
  59. Chapter 3: Ongoing obligations relating to other matters
  60. 43Ongoing obligations: general
  61. 44Ongoing obligations: emissions from biomass
  62. 45Ongoing obligations in relation to metering
  63. 46Ongoing obligations in relation to the provision of information
  64. Part 5: Sustainable solid biomass, biogas or biomethane
  65. 47Interpretation
  66. 47AOngoing obligation in relation to boiler maintenance
  67. 47BApproval of equivalent bodies, equivalent standards and equivalent certification schemes
  68. 48Ongoing obligation to use sustainable solid biomass or biogas or to produce sustainable biomethane
  69. 49Ongoing obligation to provide information to the Authority in relation to the use of sustainable solid biomass etc
  70. 50Ongoing obligation to submit sustainability audit reports
  71. 51Schemes for listing approved sustainable fuels
  72. Part 6: Changes affecting accredited RHI installations and registered producers
  73. 51AInterpretation
  74. 52Review of accreditation or registration following notification of a change in circumstances
  75. 52AModification of installation capacity — shared ground loop systems
  76. 52BBudget allocation for modification of installation capacity — shared ground loop systems
  77. 53Change in circumstances for shared ground loop systems
  78. 54Changes in ownership of accredited RHI installations
  79. 54AChange of producer of biomethane for injection
  80. 55Changes in location of accredited RHI installations
  81. 55AReplacement plants
  82. Part 7: Periodic support payments
  83. 56Interpretation
  84. 57Publication of tariffs
  85. 58Expenditure forecast statement and tariff change notice
  86. 59Calculation and payment of periodic support payments to participants
  87. 60Calculation of initial tariffs
  88. 61Calculation of A
  89. 62Calculation of subsequent tariffs
  90. 63Tiered tariffs
  91. 64Periodic support payments for accredited RHI installations in simple systems in respect of which an application for accreditation was made before 24th September 2013 Repealed
  92. 65Periodic support payments accredited RHI installations for complex systems in respect of which an application for accreditation was made before 24th September 2013 Repealed
  93. 66Periodic support payments for accredited RHI installations ...
  94. 67Periodic support payments for CHP systems using biomass or biogas in combination with other sources of energy
  95. 68Periodic support payments for new solid biomass CHP systems
  96. 69CHP systems accredited in relation to the Renewables Obligation
  97. 70Periodic support payments for shared ground loop systems
  98. 71Fossil fuel contamination of solid biomass and fossil fuel used for permitted ancillary purposes
  99. 72Fossil fuel contamination adjustment to periodic support payments for producers and combusters of biogas produced from gasification and pyrolysis
  100. 72AAdjustment to periodic support payments for use of feedstock derived from fossil fuel in the production of biogas by anaerobic digestion and the production of biomethane
  101. 73Periodic support payments to producers of biomethane
  102. 74Reconciliation payments for biogas and biomethane produced by anaerobic digestion on or after the date on which these Regulations come into force
  103. 75Calculation of heat loss in certain circumstances
  104. Part 8: Additional RHI capacity and additional capacity for biomethane production
  105. 76Additional RHI capacity
  106. 77Additional capacity for biomethane production
  107. Part 9: Enforcement
  108. 78Power to temporarily withhold periodic support payments to investigate alleged non-compliance
  109. 79Power to withhold periodic support payments: further provisions
  110. 80Power to reduce a participant's periodic support payments
  111. 81Revocation of accreditation or registration
  112. 82Power to correct the level of tariff being paid to a participant
  113. 83Overpayment notices and offsetting
  114. 84Revocation of sanctions
  115. 85Power to inspect accredited RHI installations and equipment used to produce biomethane
  116. Part 10: Administrative functions of the Authority
  117. 86Right of review
  118. 87Publication of guidance and tariffs
  119. 88Provision of information to the Authority etc
  120. 89Reporting obligations
  121. 90Additional information
  122. 91Notices
  123. Part 11: Revocation and savings
  124. 92Revocation, savings and transitional provisions
  125. Signature
  126. Schedule 1: Content of RHI emission certificates
  127. 1Paragraph 1
  128. 2Paragraph 2
  129. 3Paragraph 3
  130. 4Paragraph 4
  131. 5Paragraph 5
  132. 6Paragraph 6
  133. 7Paragraph 7
  134. 8Paragraph 8
  135. 9Paragraph 9
  136. 10Paragraph 10
  137. 11Paragraph 11
  138. 12Paragraph 12
  139. 13Paragraph 13
  140. 14Paragraph 14
  141. 15Paragraph 15
  142. 16Paragraph 16
  143. Schedule 2: Information required for modification of installation capacity, extension applications accreditation or registration
  144. 1Paragraph 1
  145. Schedule 2A: Evidence to support extension application
  146. 1Evidence requirements
  147. 2Primary evidence
  148. 3Secondary evidence (Category A)
  149. 4Secondary evidence (Category B)
  150. 5Estimated cost of works
  151. Schedule 3: Greenhouse gas criteria
  152. 1Paragraph 1
  153. 2Paragraph 2
  154. 3Paragraph 3
  155. 4Paragraph 4
  156. Schedule 4: Land criteria
  157. Part 1: Interpretation
  158. 1Paragraph 1
  159. 2Paragraph 2
  160. 3Paragraph 3
  161. Part 2: Land criteria for solid biomass which is wood or wholly derived from wood, excluding energy crops
  162. 4Paragraph 4
  163. 5Paragraph 5
  164. 6Paragraph 6
  165. 7Paragraph 7
  166. Part 3: Land criteria for other solid biomass including energy crops
  167. 8Paragraph 8
  168. 9Paragraph 9
  169. 10Paragraph 10
  170. 11Paragraph 11
  171. 12Paragraph 12
  172. Schedule 4A: Solid biomass which is wood: Criteria for woodfuel quality
  173. 1Paragraph 1
  174. 2Paragraph 2
  175. 2AParagraph 2A
  176. 2BParagraph 2B
  177. 3Paragraph 3
  178. 4Paragraph 4
  179. 4AParagraph 4A
  180. 5Paragraph 5
  181. 6Paragraph 6
  182. Schedule 5: Information to be provided to the Authority where solid biomass is used for combustion or production of biomethane
  183. 1Paragraph 1
  184. 2Paragraph 2
  185. 3Paragraph 3
  186. Schedule 6Tariffs
  187. Schedule 7: Degression
  188. 1Calculation of B
  189. 2Calculation of C
  190. Explanatory note