The Renewable Heat Incentive Scheme (Amendment) Regulations 2015

Amendments to regulation 2 (interpretation)

3.—(1) Regulation 2 is amended as follows.

(2) In the definition of “average load factor”—

(a) for “providing metering data”, in each place where it appears, substitute “in respect of which periodic support payments have been received”;

(b) in paragraph (a)(ii) omit “and are”;

(c) omit paragraph (aa);

(d) in paragraph (b) omit “or paragraph (aa)”;

(e) in paragraph (c) for “paragraphs (a) or (aa)” substitute “paragraph (a)”.

(3) In the definition of “estimated energy from biomethane” for paragraph (a) substitute—

“(a) FR is the estimated flow rate; and”.

(4) In the definition of “estimated heat”, in paragraph (a)(i) for “the installation has provided metering data” substitute “a periodic support payment has been received in respect of the installation”.

(5) In the definition of “estimated spend”—

(a) in paragraph (b) after “relevant producer” insert “who has not received a periodic support payment”;

(b) in paragraph (c) after “large installation” insert “in respect of which no periodic support payment has been received and”;

(c) after paragraph (c) insert—

“(d) a relevant producer who has received a periodic support payment, means the sum of the estimated original biomethane spend and any estimated additional biomethane spend;”.

(6) For the definition of “flow rate” substitute—

““flow rate”, in relation to biomethane, means—

where—

(a)

B is the amount of eligible biomethane in kWh for which periodic support payments have been received; and

(b)

H is the total number of hours in the period commencing with the first day of the first quarterly period in which that biomethane was injected and ending on the last day of the last quarterly period in which that biomethane was injected;”.

(7) In the definition of “initial tariff” for “regulation 37(7)(a)” substitute “regulation 37(7A)”.

(8) For the definition of “installation capacity” substitute—

““installation capacity” means—

(a)

in the case of a CHP system to which regulation 9(2)(b) or 9A applies, the capacity determined by the formula—

where—

(i)

x is the total installed peak heat output capacity of all the combustion units to which regulation 9(2)(b) or 9A applies which use the same source of energy;

(ii)

y is the total installed peak heat output capacity of all the combustion units forming part of the CHP system; and

(iii)

P is the total installed peak heat output capacity of the CHP system; or

(b)

for any other plant, except where otherwise specified, the total installed peak heat output capacity of the plant;”.

(9) In the definition of “maximum initial capacity” before “volume” insert “maximum”.

(10) For the definition of “properly insulated” substitute—

““properly insulated” means—

(a)

in respect of piping which is situated below the ground, insulated in accordance with—

(i)

BS EN 253 (2009)(1);

(ii)

BS EN 15632:2 and 3 (2010) and 15632:4 (2009)(2); or

(iii)

BS EN 15698:1 (2009)(3); or

(b)

in respect of piping which is situated above the ground, insulated so that the relevant maximum permissible heat losses set out in BS 5422:2009(4) are not exceeded;”.

(11) For the definition of “quarterly period” substitute—

““quarterly period” means, except where otherwise specified, the first, second, third or fourth quarter of any year commencing with, or with the anniversary of—

(a)

in relation to an accredited RHI installation, the tariff start date for that installation;

(b)

in relation to a producer of biomethane who is registered in relation to any original biomethane or additional biomethane, the tariff start date for the original biomethane;”.

(12) In the definition of “relevant installation”, in paragraph (b)(iii) for “date on which the application was made” substitute “last date on which the Authority received information from the applicant in support of the application”.

(13) In the definition of “relevant producer”, in paragraph (b)(iii) for “date on which the application was made” substitute “last date on which the Authority received information from the applicant in support of the application”.

(14) In the definition of “tariff start date”—

(a) for paragraph (c) substitute—

“(c) in relation to original biomethane in respect of which a producer of biomethane is registered, the date of registration for that biomethane;”;

(b) after paragraph (c) insert—

“(d) in relation to additional biomethane in respect of which a producer of biomethane is registered, the date of registration for that biomethane;”.

(15) For the definition of waste substitute—

““waste” has the meaning given in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste(5) and includes excreta produced by animals;”.

(16) Insert the following definitions at the appropriate places—

““additional biomethane” has the meaning given in regulation 43A(5);”;

““eligible biomethane” has the meaning given in regulation 42(2);”;

““estimated additional biomethane spend” in relation to an assessment date and any additional biomethane registered on a particular date in respect of which a relevant producer has received a periodic support payment means—

where—

(a)

A is the flow rate for all additional biomethane registered on that particular date;

(b)

B is the number of hours in the 12 month period commencing with the assessment date; and

(c)

C is the relevant initial tariff or subsequent tariff calculated in accordance with regulations 37 to 37D;”;

““estimated original biomethane spend” in relation to an assessment date and any original biomethane in respect of which a relevant producer has received a periodic support payment means—

where—

(a)

A is the flow rate for all original biomethane;

(b)

B is the number of hours in the 12 month period commencing with the assessment date; and

(c)

C is the relevant initial tariff or subsequent tariff calculated in accordance with regulations 37 to 37D;”;

““fourth relevant date” means the date of coming into force of the Renewable Heat Incentive Scheme (Amendment) Regulations 2015;”;

““maximum additional capacity” has the meaning given in regulation 43A(5);”;

““original biomethane” means biomethane which is produced by a relevant producer and which falls within that producer’s maximum initial capacity;”.

(1)

ISBN 978 0 580 75633 7.

(2)

ISBN 978 0 580 70945 6.

(3)

ISBN 978 0 580 58925 6.

(4)

ISBN 978 0 580 69184 3.

(5)

OJ L No 312, 22.11.2008, p 3.