Search Legislation

The Renewable Heat Incentive Scheme Regulations 2011

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Renewable Heat Incentive Scheme Regulations 2011 No. 2860

PART 3Accreditation and registration

Applications for accreditation

22.  (1)  An owner of an eligible installation may apply for that installation to be accredited.

(2) All applications for accreditation must be made in writing to the Authority and must be supported by—

(a)such of the information specified in Schedule 1 as the Authority may require;

(b)a declaration that the information provided by the applicant is accurate to the best of the applicant’s knowledge and belief;

(c)a declaration that the applicant is the owner, or one of the owners, of the eligible installation for which accreditation is being sought.

(3) The Authority may, where an eligible installation is owned by more than one person, require that—

(a)an application submitted under this regulation is made by only one of those owners;

(b)the applicant has the authority from all other owners to be the participant for the purposes of the scheme; and

(c)the applicant provides to the Authority, in such manner and form as the Authority may request, evidence of that authority.

(4) Before accrediting an eligible installation, the Authority may arrange for a site inspection to be carried out in order to satisfy itself that a plant should be accredited.

(5) The Authority may, in granting accreditation, attach such conditions as it considers to be appropriate.

(6) Where an application for accreditation has, in the Authority’s opinion, been properly made in accordance with paragraphs (2) and (3) and the Authority is satisfied that the plant is an eligible installation the Authority must (subject to regulation 23 and regulation 47(3))—

(a)accredit the eligible installation;

(b)notify the applicant in writing that the application has been successful;

(c)enter on a central register maintained by the Authority the applicant’s name and such other information as the Authority considers necessary for the proper administration of the scheme;

(d)notify the applicant of any conditions attached to the accreditation;

(e)in relation to an applicant who is or will be generating heat from solid biomass, having regard to the information provided by the applicant, specify by notice to the applicant which of regulation 28, 29 or 30 applies;

(f)provide the applicant with a written statement (“statement of eligibility”) including the following information—

(i)the date of accreditation;

(ii)the applicable tariff;

(iii)the process and timing for providing meter readings;

(iv)details of the frequency and timetable for payments; and

(v)the tariff lifetime and tariff end date.

(7) Where the Authority does not accredit a plant it must notify the applicant in writing that the application for accreditation has been rejected, giving reasons.

(8) Once a specification made in accordance with paragraph (6)(e) has been notified to an applicant, it cannot be changed except where the Authority considers that an error has been made or on the receipt of new information by the Authority which demonstrates that the specification should be changed.

Exceptions to duty to accredit

23.  (1)  The Authority must not accredit an eligible installation unless the applicant has given notice (which the Authority has no reason to believe is incorrect) that, as applicable—

(a)no grant from public funds has been paid or will be paid in respect of any of the costs of purchasing or installing the eligible installation; or

(b)such a grant was paid in respect of an eligible installation which was completed and first commissioned between 15th July 2009 and the date on which these Regulations come into force, and has been repaid to the person or authority who made it.

(2) In this regulation, “grant from public funds” means a grant made by a public authority or by any person distributing funds on behalf of a public authority.

(3) The Authority must not accredit an eligible installation if it has not been commissioned.

(4) The Authority may refuse to accredit an eligible installation if its owner has indicated that one of the applicable ongoing obligations will not be complied with.

(5) The Authority may refuse to accredit a plant which is a component plant within the meaning of regulation 14(2).

Changes in ownership

24.  (1)  This regulation applies where ownership of all or part of an accredited RHI installation is transferred to another person.

(2) No periodic support payment may be made to a new owner until—

(a)that owner has notified the Authority of the change in ownership; and

(b)the steps set out in paragraph (3) have been completed.

(3) On receipt of a notification under paragraph (2), the Authority—

(a)may require the new owner to provide such of the information specified in Schedule 1 as the Authority considers necessary for the proper administration of the scheme;

(b)may review the accreditation of the accredited RHI installation to ensure that it continues to meet the eligibility criteria and should remain an accredited RHI installation.

(4) Where the Authority has received the information required under paragraph (3)(a) and is satisfied as to the matters specified in paragraph (3)(b) it must—

(a)update the central register referred to in regulation 22(6)(c);

(b)where the new owner is the participant, send the new owner a statement of eligibility setting out the information specified in regulation 22(6)(f); and

(c)where applicable, send the new owner (if the new owner is the participant) a notice in accordance with regulation 22(6)(e).

(5) If, within a period of 12 months from the transfer of ownership of the accredited RHI installation, no notification is made in accordance with paragraph (2) or paragraph (4) does not apply, the installation will on the expiry of that period cease to be accredited and accordingly no further periodic support payments will be paid in respect of the heat it generates.

(6) The period specified in paragraph (5) may be extended by the Authority where the Authority considers it is just and equitable to do so.

(7) Subject to paragraph (8), following the successful completion of the steps required under paragraphs (3) and (4), the new owner of an accredited RHI installation will receive periodic support payments calculated from the date of completion of those steps for the remainder of the tariff lifetime of that accredited RHI installation.

(8) Where a transfer of ownership of all or part of an accredited RHI installation takes place and results in that accredited RHI installation being owned by more than one person, the Authority may require that only one of those owners is the participant for the purposes of the scheme and require that owner to comply with sub-paragraphs (b) and (c) of regulation 22(3).

Producers of biomethane

25.  (1)  A producer of biomethane for injection may apply to the Authority to be registered as a participant.

(2) Applications for registration must be in writing and supported by—

(a)such of the information specified in Schedule 1 as the Authority may require;

(b)a declaration that the information provided by the applicant is accurate to the best of the applicant’s knowledge and belief;

(c)details of the process by which the applicant proposes to produce biomethane and arrange for its injection; and

(d)a notice given in accordance with paragraph (6).

(3) The Authority may in registering an applicant attach such conditions as it considers appropriate.

(4) Where the application for registration is properly made in accordance with paragraph (2), the Authority must (subject to paragraphs (5), (6) and (7))—

(a)notify the applicant in writing that registration has been successfully completed and the applicant is a participant;

(b)enter on a central register maintained by the Authority the date of registration and the applicant’s name;

(c)notify the applicant of any conditions attached to their registration as a participant; and

(d)send the applicant a statement of eligibility including such of the information specified in regulation 22(6)(f) as the Authority considers applicable.

(5) The Authority may refuse to register an applicant if the applicant has indicated that one or more of the applicable ongoing obligations will not be complied with.

(6) The Authority must not register an applicant unless that applicant has given notice (which the Authority has no reason to believe is incorrect) that no grant from public funds has been paid or will be paid in respect of any of the equipment used to produce the biomethane for which the applicant is intending to claim periodic support payments.

(7) The Authority must not register an applicant if it would result in periodic support payments being made to more than one participant for the same biomethane.

Preliminary accreditation

26.  (1)  The Authority may, upon the application by a person who proposes to construct or operate an eligible installation which has not yet been commissioned, grant preliminary accreditation in respect of that eligible installation provided—

(a)any necessary planning permission has been granted; or

(b)such planning permission is not required and appropriate evidence of this is provided to the Authority from the relevant planning authority.

(2) The Authority must not grant preliminary accreditation to any plant under this regulation if, in its opinion, that plant is unlikely to generate heat for which periodic support payments may be paid.

(3) An application for preliminary accreditation must be in writing and supported by such of the information specified in Schedule 1 as the Authority may require.

(4) The Authority may attach such conditions as it considers appropriate in granting preliminary accreditation under this regulation.

(5) Where a plant has been granted preliminary accreditation (and such preliminary accreditation has not been withdrawn) and an application for accreditation is made under this Part, the Authority must, subject to regulation 23, grant that application unless it is satisfied that—

(a)there has been a material change in circumstances since the preliminary accreditation was granted such that, had the application for preliminary accreditation been made after the change, it would have been refused;

(b)any condition attached to the preliminary accreditation has not been complied with;

(c)the information on which the decision to grant the preliminary accreditation was based was incorrect in a material particular such that, had the Authority known the true position when the application for preliminary accreditation was made, it would have been refused; or

(d)there has been a change in applicable legislation since the preliminary accreditation was granted such that, had the application for preliminary accreditation been made after the change, it would have been refused.

(6) Where any of the circumstances mentioned in paragraph (7) apply in relation to a preliminary accreditation which the Authority has granted and having regard to those circumstances the Authority considers it appropriate to do so, the Authority may—

(a)withdraw the preliminary accreditation;

(b)amend the conditions attached to the preliminary accreditation;

(c)attach conditions to the preliminary accreditation.

(7) The circumstances referred to in paragraph (6) are as follows—

(a)in the Authority’s view there has been a material change in circumstances since the preliminary accreditation was granted;

(b)any condition attached to the preliminary accreditation has not been complied with;

(c)the Authority considers that the information on which the decision to grant the preliminary accreditation was based was incorrect in a material particular;

(d)there has been change in the applicable legislation since the preliminary accreditation was granted such that, had the application for preliminary accreditation been made after the change, it would have been refused.

(8) The Authority must send the applicant a notice setting out—

(a)its decision on an application for preliminary accreditation of a plant or on the withdrawal of any preliminary accreditation;

(b)any condition attached to the preliminary accreditation or any amendment to those conditions.

(9) The notice sent pursuant to paragraph (8) must specify the date on which the grant or withdrawal of preliminary accreditation is to take effect and, where applicable, the date on which any conditions (or amendments to those conditions) attached to the preliminary accreditation are to take effect.

(10) In paragraph (1), the reference to the person who proposes to construct an eligible installation includes a person who arranges for the construction of the eligible installation.

(11) This regulation does not apply to a plant which will generate heat using—

(a)a solar collector;

(b)a heat pump which complies with the requirements of regulation 8(a); or

(c)solid biomass, provided that the plant will have an installation capacity below 200kWth.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Draft Explanatory Memorandum

Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources