# The Renewable Heat Incentive Scheme Regulations 2018, Regulation 3B: Extension applications


(1) This regulation applies where—
(a) a person (“the owner”) has invested significant capital or significant human or material resource in the development of a plant on or before 17th August 2020 (as evidenced by documents provided in accordance with Schedule 2A) with the intention of applying for the plant to be accredited; and
(b) the plant is not expected to be commissioned before Scheme closure.
(2) The owner may apply for an extension of time in which to make an application for accreditation under regulation 30.
(3) An application for extension of time under paragraph (2) (“extension application”) must be made—
(a) on or after 1st March 2021; and
(b) before Scheme closure.
(4) An extension application must be—
(a) in writing in such form as the Authority requires; and
(b) supported by sufficient evidence specified in Schedule 2A to satisfy the Authority that significant capital or significant human or material resource was invested in project development on or before 17th August 2020.
(5) An applicant may not—
(a) amend an extension application; or
(b) make a further extension application in relation to the same plant, without first withdrawing the original application.
(6) The Authority may grant the applicant an extension of time if satisfied that—
(a) the extension application is properly made; and
(b) the applicant has provided the evidence mentioned in paragraph (4).
(7) The Authority may, in granting an extension application, attach such conditions as it considers to be appropriate.
(8) Where the Authority does not grant an extension application, it must notify the applicant in writing that the extension application has been rejected, giving reasons.
(9) For the purpose of paragraph (6)(a), an extension application is properly made if it contains the following information—
(a) the plant’s proposed source of energy and technology;
(b) the date on which the applicant expects the plant to be commissioned;
(c) the total heat which the applicant expects the plant to generate each year for eligible purposes;
(d) the expected installation capacity of the plant;
(e) the proposed location of the plant;
(f) evidence as to the proposed heat use;
(g) the applicant’s name and address;
(h) a declaration that the plant will be owned by the applicant, or jointly owned by the applicant and one or more other persons;
(i) such further information specified in Schedule 2 as the Authority may require.
(10) This regulation does not apply in respect of a plant which, when commissioned, will—
(a) generate heat from solid biomass or solid biomass contained in waste with an installation capacity of 1MWth or above;
(b) be a new solid biomass CHP system;
(c) generate heat using geothermal sources;
(d) generate heat from biogas with an installation capacity of 600kWth or above;
(e) be a ground source heat pump with an installation capacity of 100kWth or above;
(f) be a shared ground loop system with an installation capacity of 100kWth or above.
(11) In this regulation, “plant” does not include a plant which is additional RHI capacity.

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Source: https://www.legislation.gov.uk/uksi/2018/611/regulation/3B (the official version)
Page: https://openlegislation.uk/renewable-heat-incentive-scheme-regulations-2018/regulation-3B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.