The Renewable Heat Incentive Scheme Regulations 2018
S.I. 2018/611 · Made 21 May 2018 · Extends to England, Wales and Scotland
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
- Part 1: Introductory provisions
- 1Citation and commencement
- 2Interpretation
- 2AApproval of subsequent versions of standards
- 3Renewable heat incentive scheme
- 3AClosure of the Scheme to applications
- 3BExtension applications
- 3CBudget allocation for extension applications
- Part 2: Eligibility and matters relating to eligibility
- Chapter 1: Eligible installations
- 4Eligible installations
- Chapter 2: Eligibility criteria for technologies
- 5Eligible installations generating heat from solid biomass
- 6RHI emission certificates
- 7Eligible installations generating heat from solid biomass contained in waste
- 8Eligible installations generating heat using solar collectors
- 9Eligible installations generating heat using ground source heat pumps
- 10Eligible installations generating heat using air source heat pumps
- 11Eligible installations which are shared ground loop systems
- 12Eligible installations which are CHP systems
- 13Eligible installations which are new solid biomass CHP systems
- 14Eligible installations generating heat using geothermal sources
- 15Eligible installations generating heat using biogas
- 16Other eligibility requirements for technologies
- 17Planning permission
- 17AEnvironmental permits and declaration of compliance
- 18Certification for installation of microgeneration heating equipment
- 19Plants comprising more than one plant
- 20Excluded plants
- Chapter 3: Eligibility criteria in relation to metering and steam measuring
- 21Metering of plants in simple systems where application for accreditation of the plant was made before 24th September 2013 Repealed
- 22Metering of plants in complex systems where application for accreditation of the plant was made before 24th September 2013 Repealed
- 23Metering ...
- 24Metering in respect of shared ground loop systems
- 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
- 26Shared meters
- 27Metering of CHP systems generating electricity only before commissioning as a CHP system
- 28Matters relating to all heat meters and steam measuring equipment
- 29Additional metering requirements for plants generating heat from biogas
- Part 3: Accreditation, registration and tariff guarantees
- 30Applications for accreditation
- 31Treatment of grants from public funds
- 32Producers of biomethane
- 32AInteraction with the Renewable Transport Fuel Obligation
- 33Preliminary accreditation
- 34Preliminary registration of biomethane producers
- 35Tariff guarantees
- Part 4: Ongoing obligations for participants
- Chapter 1: Ongoing obligations relating to the use of solid biomass to generate heat
- 36Interpretation
- 37Participants using solid biomass contained in waste
- 38Participants using solid biomass in accredited RHI installations with an installation capacity of 1MWth or above
- 39Participants using solid biomass in accredited RHI installations with an installation capacity of 45kWth and above but below 1MWth
- Chapter 2: Ongoing obligations relating to the use of biogas to generate heat and the production of biomethane for injection
- 40Biogas produced from gasification or pyrolysis
- 40ABiogas produced from feedstock derived from fossil fuel
- 41Participants generating heat from biogas
- 42Biomethane producers
- Chapter 3: Ongoing obligations relating to other matters
- 43Ongoing obligations: general
- 44Ongoing obligations: emissions from biomass
- 45Ongoing obligations in relation to metering
- 46Ongoing obligations in relation to the provision of information
- Part 5: Sustainable solid biomass, biogas or biomethane
- 47Interpretation
- 47AOngoing obligation in relation to boiler maintenance
- 47BApproval of equivalent bodies, equivalent standards and equivalent certification schemes
- 48Ongoing obligation to use sustainable solid biomass or biogas or to produce sustainable biomethane
- 49Ongoing obligation to provide information to the Authority in relation to the use of sustainable solid biomass etc
- 50Ongoing obligation to submit sustainability audit reports
- 51Schemes for listing approved sustainable fuels
- Part 6: Changes affecting accredited RHI installations and registered producers
- 51AInterpretation
- 52Review of accreditation or registration following notification of a change in circumstances
- 52AModification of installation capacity — shared ground loop systems
- 52BBudget allocation for modification of installation capacity — shared ground loop systems
- 53Change in circumstances for shared ground loop systems
- 54Changes in ownership of accredited RHI installations
- 54AChange of producer of biomethane for injection
- 55Changes in location of accredited RHI installations
- 55AReplacement plants
- Part 7: Periodic support payments
- 56Interpretation
- 57Publication of tariffs
- 58Expenditure forecast statement and tariff change notice
- 59Calculation and payment of periodic support payments to participants
- 60Calculation of initial tariffs
- 61Calculation of A
- 62Calculation of subsequent tariffs
- 63Tiered tariffs
- 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
- 65Periodic support payments accredited RHI installations for complex systems in respect of which an application for accreditation was made before 24th September 2013 Repealed
- 66Periodic support payments for accredited RHI installations ...
- 67Periodic support payments for CHP systems using biomass or biogas in combination with other sources of energy
- 68Periodic support payments for new solid biomass CHP systems
- 69CHP systems accredited in relation to the Renewables Obligation
- 70Periodic support payments for shared ground loop systems
- 71Fossil fuel contamination of solid biomass and fossil fuel used for permitted ancillary purposes
- 72Fossil fuel contamination adjustment to periodic support payments for producers and combusters of biogas produced from gasification and pyrolysis
- 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
- 73Periodic support payments to producers of biomethane
- 74Reconciliation payments for biogas and biomethane produced by anaerobic digestion on or after the date on which these Regulations come into force
- 75Calculation of heat loss in certain circumstances
- Part 8: Additional RHI capacity and additional capacity for biomethane production
- 76Additional RHI capacity
- 77Additional capacity for biomethane production
- Part 9: Enforcement
- 78Power to temporarily withhold periodic support payments to investigate alleged non-compliance
- 79Power to withhold periodic support payments: further provisions
- 80Power to reduce a participant's periodic support payments
- 81Revocation of accreditation or registration
- 82Power to correct the level of tariff being paid to a participant
- 83Overpayment notices and offsetting
- 84Revocation of sanctions
- 85Power to inspect accredited RHI installations and equipment used to produce biomethane
- Part 10: Administrative functions of the Authority
- 86Right of review
- 87Publication of guidance and tariffs
- 88Provision of information to the Authority etc
- 89Reporting obligations
- 90Additional information
- 91Notices
- Part 11: Revocation and savings
- 92Revocation, savings and transitional provisions
- Signature
- Schedule 1: Content of RHI emission certificates
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Schedule 2: Information required for modification of installation capacity, extension applications accreditation or registration
- 1Paragraph 1
- Schedule 2A: Evidence to support extension application
- 1Evidence requirements
- 2Primary evidence
- 3Secondary evidence (Category A)
- 4Secondary evidence (Category B)
- 5Estimated cost of works
- Schedule 3: Greenhouse gas criteria
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 4: Land criteria
- Part 1: Interpretation
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Part 2: Land criteria for solid biomass which is wood or wholly derived from wood, excluding energy crops
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part 3: Land criteria for other solid biomass including energy crops
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 4A: Solid biomass which is wood: Criteria for woodfuel quality
- 1Paragraph 1
- 2Paragraph 2
- 2AParagraph 2A
- 2BParagraph 2B
- 3Paragraph 3
- 4Paragraph 4
- 4AParagraph 4A
- 5Paragraph 5
- 6Paragraph 6
- Schedule 5: Information to be provided to the Authority where solid biomass is used for combustion or production of biomethane
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 6Tariffs
- Schedule 7: Degression
- 1Calculation of B
- 2Calculation of C
- Explanatory note