- Draft legislation
This is a draft item of legislation and has not yet been made as a UK Statutory Instrument.
48.—(1) A participant who generates heat or heat and power from solid biomass or biogas in an accredited RHI installation on or after 5th October 2015 must use only sustainable solid biomass or sustainable biogas.
(2) A participant who produces biomethane for injection on or after 5th October 2015 must produce for injection only sustainable biomethane.
(3) Paragraph (1) is deemed to be complied with in respect of—
(a)any biogas or solid biomass used in an accredited RHI installation—
(i)which is a generating station which is accredited under the Renewables Obligation Order 2009(1), the Renewables Obligation Order 2015(2) or the Renewables Obligation (Scotland) Order 2009(3);
(ii)where the capacity of that generating station is 1MW or above; and
(iii)where—
(aa)in the case of solid biomass used before 24th March 2016, information about that solid biomass is provided to the Authority in accordance with article 54 of either the Renewables Obligation Order 2009(4) or the Renewables Obligation (Scotland) Order 2009(5);
(bb)in the case of biogas or solid biomass used on or after 24th March 2016 in a generating station in Scotland, the biogas or solid biomass meets the greenhouse gas emission criteria in paragraph 2 of Part 1 of Schedule A1A to the Renewables Obligation (Scotland) Order 2009(6) and the relevant land criteria in Schedule A2 to that Order(7); or
(cc)in the case of biogas or solid biomass used on or after 24th March 2016 in a generating station in England or Wales, the biogas or solid biomass meets the greenhouse gas criteria in paragraph 2 of Part 1 of Schedule 2 to the Renewables Obligation Order 2015 and the relevant land criteria in Schedule 3 to that Order; or
(b)any solid biomass used in an accredited RHI installation to generate heat (but not heat and power) which—
(i)at the time when it is received by the participant, is an approved sustainable fuel; or
(ii)is a fuel in respect of which the Secretary of State has made a declaration under regulation 51(5).
S.I. 2009/785; relevant amending instruments are S.I. 2010/1107, S.I. 2011/984, S.I. 2013/768, and S.I. 2014/ 893.
S.S.I. 2009/140; relevant amending instruments are S.S.I. 2010/147, S.S.I. 2011/225, S.S.I. 2013/116, S.S.I. 2014/94, and S.S.I. 2015/384.
S.I. 2009/785; relevant amending instruments are S.I. 2010/1107, S.I. 2011/984, S.I. 2013/768, and S.I. 2014/ 893.
S.S.I. 2009/140; relevant amending instruments are S.S.I. 2010/147, S.S.I. 2011/225, S.S.I. 2013/116, and S.S.I. 2014/94.
Schedule A1A was inserted by S.S.I. 2015/384.
Schedule A2 was substituted by S.S.I. 2015/384.
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.
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 and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: