Amendment of the Renewable Heat Incentive Scheme Regulations (Northern Ireland) 2012
4. After regulation 23 insert—
“Suspension of the operation of the scheme
23A.—(1) This paragraph applies where it appears to the Department that it does not have or is not likely to have sufficient funds available to it for the purposes of meeting the total costs of—
(a)periodic support payments for all eligible installations accredited under regulation 22 and all installations likely to be so accredited; and
(b)RHI payments for all plants accredited under regulation 21 of the Domestic Renewable Heat Incentive Scheme Regulations (Northern Ireland) 2014 and all plants likely to be so accredited.
(2) Where paragraph (1) applies, the Department may, by notice published in such a manner as it may think appropriate, suspend the operation of the scheme in relation to the making of—
(a)applications for accreditation under regulation 22;
(b)applications for registration under regulation 25; and
(c)applications for preliminary accreditation under regulation 26
made after a date specified in the notice (“the date of suspension”) and accordingly after that date and while the notice remains in force no such applications may be made or granted.
(3) Paragraph (2) does not apply to an application for accreditation for an eligible installation under regulation 22 where—
(a)an application for preliminary accreditation was made under regulation 26 in respect of the eligible installation before the date of suspension;
(b)that application has been granted (whether that grant was before or after the date of suspension); and
(c)the preliminary accreditation has not been withdrawn.
(4) In paragraph (3), the reference to an ‘application for accreditation’ does not include any application for the accreditation of additional RHI capacity under regulation 42.
(5) The Department may revoke any notice under paragraph (2) by a further notice in writing and that revocation shall have effect from such date as may be specified in that further notice.”