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The Renewable Heat Incentive Scheme Regulations 2018

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Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Renewable Heat Incentive Scheme Regulations 2018 ISBN 978-0-11-116673-4

Participants using solid biomass in accredited RHI installations with an installation capacity of 45kWth and above but below 1MWth

39.—(1) This regulation applies to a participant generating heat from solid biomass, not being solid biomass contained in waste, in an accredited RHI installation with an installation capacity of 45kWth and above but below 1MWth.

(2) The participant may use solid biomass contaminated with fossil fuel provided the participant complies with paragraphs (2), (3), (5) and (6) of regulation 38 as well as the requirements of this regulation.

(3) Where solid biomass contaminated with fossil fuel is used in an accredited RHI installation, the participant must keep and provide upon request written evidence including invoices, receipts and such other documentation as the Authority may specify relating to fuel use and fossil fuel used for the permitted ancillary purposes specified in regulation 38(5) and provide this information upon request to the Authority, in such form as the Authority may require, to demonstrate compliance with this regulation.

(4) Without prejudice to paragraph (3), the Authority may have regard to any information (whether or not produced to it by the participant) if, in its opinion, that information indicates what proportion of the contaminated solid biomass is composed of fossil fuel.

(5) Where—

(a)the Authority is not satisfied that the proportion of fossil fuel contamination (within the meaning of regulation 38(4)(c)) does not exceed 10%; or

(b)the Authority is not satisfied as to the matters specified in paragraphs (5) and (6) of regulation 38,

the Authority may require the participant to arrange for samples of the fuel used (or to be used) in the accredited RHI installation, or of any gas or other substance produced as the result of the use of such fuel, to be taken by a person (and analysed in a manner) specified by the Authority, and for the results of that analysis to be made available to the Authority in such form as the Authority may require.

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