Eligible installations which are CHP systems
9.—(1) Subject to paragraph (2), this regulation applies if the plant is a CHP system which complies with one of the following requirements—
(a)it generates heat and electricity from solid biomass and either regulation 6 applies or the plant complies with the requirement in regulation 5(b);
(b)it generates heat and electricity from biogas and complies with regulation 11(b) and (c);
(c)it generates heat and electricity utilising naturally occurring energy located and extracted from at least 500 metres beneath the surface of solid earth.
(2) This regulation does not apply if the plant—
(a)uses solid biomass to generate heat and electricity;
(b)is accredited under the Renewables Obligation Order 2009(1) or the Renewables Obligation (Scotland) Order 2009(2); and
(c)is, or at any time since it was accredited in accordance with sub-paragraph (b), has been a qualifying CHP generating station within the meaning of article 2 of either of those Orders.
S.I. 2009/785, amended by S.I. 2010/1107 and S.I. 2011/984.
S.S.I. 2009/140, amended by S.S.I. 2010/147 and S.S.I 2011/225.