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The Renewable Heat Incentive Scheme Regulations 2018

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 2018 No. 611

  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Renewable heat incentive scheme

  3. PART 2

    1. CHAPTER 1

      1. 4.Eligible installations

    2. CHAPTER 2

      1. 5.Eligible installations generating heat from solid biomass

      2. 6.RHI emission certificates

      3. 7.Eligible installations generating heat from solid biomass contained in waste

      4. 8.Eligible installations generating heat using solar collectors

      5. 9.Eligible installations generating heat using ground source heat pumps

      6. 10.Eligible installations generating heat using air source heat pumps

      7. 11.Eligible installations which are shared ground loop systems

      8. 12.Eligible installations which are CHP systems

      9. 13.Eligible installations which are new solid biomass CHP systems

      10. 14.Eligible installations generating heat using geothermal sources

      11. 15.Eligible installations generating heat using biogas

      12. 16.Other eligibility requirements for technologies

      13. 17.Planning permission

      14. 18.Certification for installation of microgeneration heating equipment

      15. 19.Plants comprising more than one plant

      16. 20.Excluded plants

    3. CHAPTER 3

      1. 21.Metering of plants in simple systems where application for accreditation of the plant was made before 24th September 2013

      2. 22.Metering of plants in complex systems where application for accreditation of the plant was made before 24th September 2013

      3. 23.Metering in respect of applications for accreditation made on or after 24th September 2013

      4. 24.Metering in respect of shared ground loop systems

      5. 25.Electricity metering in respect of ground source and air source heat pumps in respect of which the application for accreditation is made on or after 28th May 2014 and shared ground loop systems

      6. 26.Shared meters

      7. 27.Metering of CHP systems generating electricity only before commissioning as a CHP system

      8. 28.Matters relating to all heat meters and steam measuring equipment

      9. 29.Additional metering requirements for plants generating heat from biogas

  4. PART 3

    1. 30.Applications for accreditation

    2. 31.Treatment of grants from public funds

    3. 32.Producers of biomethane

    4. 33.Preliminary accreditation

    5. 34.Preliminary registration of biomethane producers

    6. 35.Tariff guarantees

  5. PART 4

    1. CHAPTER 1

      1. 36.Interpretation

      2. 37.Participants using solid biomass contained in waste

      3. 38.Participants using solid biomass in accredited RHI installations with an installation capacity of 1MWth or above

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

    2. CHAPTER 2

      1. 40.Biogas produced from gasification or pyrolysis

      2. 41.Participants generating heat from biogas

      3. 42.Biomethane producers

    3. CHAPTER 3

      1. 43.Ongoing obligations: general

      2. 44.Ongoing obligations: emissions from biomass

      3. 45.Ongoing obligations in relation to metering

      4. 46.Ongoing obligations in relation to the provision of information

  6. PART 5

    1. 47.Interpretation

    2. 48.Ongoing obligation to use sustainable solid biomass or biogas or to produce sustainable biomethane

    3. 49.Ongoing obligation to provide information to the Authority in relation to the use of sustainable solid biomass etc

    4. 50.Ongoing obligation to submit sustainability audit reports

    5. 51.Schemes for listing approved sustainable fuels

  7. PART 6

    1. 52.Review of accreditation or registration following notification of a change in circumstances

    2. 53.Change in circumstances for shared ground loop systems

    3. 54.Changes in ownership

    4. 55.Changes in location of accredited RHI installations

  8. PART 7

    1. 56.Interpretation

    2. 57.Publication of tariffs

    3. 58.Expenditure forecast statement and tariff change notice

    4. 59.Calculation and payment of periodic support payments to participants

    5. 60.Calculation of initial tariffs

    6. 61.Calculation of A

    7. 62.Calculation of subsequent tariffs

    8. 63.Tiered tariffs

    9. 64.Periodic support payments for accredited RHI installations in simple systems in respect of which an application for accreditation was made before 24th September 2013

    10. 65.Periodic support payments accredited RHI installations for complex systems in respect of which an application for accreditation was made before 24th September 2013

    11. 66.Periodic support payments for accredited RHI installations in respect of which an application for accreditation is made on or after 24th September 2013

    12. 67.Periodic support payments for CHP systems using biomass or biogas in combination with other sources of energy

    13. 68.Periodic support payments for new solid biomass CHP systems

    14. 69.CHP systems accredited in relation to the Renewables Obligation

    15. 70.Periodic support payments for shared ground loop systems

    16. 71.Fossil fuel contamination of solid biomass and fossil fuel used for permitted ancillary purposes

    17. 72.Fossil fuel contamination adjustment to periodic support payments for producers and combusters of biogas produced from gasification and pyrolysis

    18. 73.Periodic support payments to producers of biomethane

    19. 74.Reconciliation payments for biogas and biomethane produced by anaerobic digestion on or after the date on which these Regulations come into force

    20. 75.Calculation of heat loss in certain circumstances

  9. PART 8

    1. 76.Additional RHI capacity

    2. 77.Additional capacity for biomethane production

  10. PART 9

    1. 78.Power to temporarily withhold periodic support payments to investigate alleged non-compliance

    2. 79.Power to withhold periodic support payments: further provisions

    3. 80.Power to reduce a participant’s periodic support payments

    4. 81.Revocation of accreditation or registration

    5. 82.Power to correct the level of tariff being paid to a participant

    6. 83.Overpayment notices and offsetting

    7. 84.Revocation of sanctions

    8. 85.Power to inspect accredited RHI installations and equipment used to produce biomethane

  11. PART 10

    1. 86.Right of review

    2. 87.Publication of guidance and tariffs

    3. 88.Provision of information to the Authority etc

    4. 89.Reporting obligations

    5. 90.Additional information

    6. 91.Notices

  12. PART 11

    1. 92.Revocation, savings and transitional provisions

  13. Signature

    1. SCHEDULE 1

      Content of RHI emission certificates

      1. 1.The name and address of the testing laboratory by which...

      2. 2.The name and signature of the person authorised by the...

      3. 3.The date of issue of the certificate together with a...

      4. 4.Where the testing laboratory is accredited to BS EN ISO/IEC...

      5. 5.The name, model, manufacturer and installation capacity of the plant...

      6. 6.The date of the testing.

      7. 7.Confirmation that emissions of NOₓ and PM have been tested...

      8. 8.The requirements of this paragraph are that testing is carried...

      9. 9.The requirements of this paragraph are that—

      10. 10.Confirmation that the test was carried out at no less...

      11. 11.Confirmation that when tested as specified in paragraphs 7 to...

      12. 12.The actual emissions of PM and NOₓ measured when the...

      13. 13.A list of— (a) the types of fuel used during...

      14. 14.The moisture content of the fuel used during testing and...

      15. 15.A statement indicating whether or not the plant tested was...

      16. 16.A list of plants, other than the plant tested, in...

    2. SCHEDULE 2

      Information required for accreditation or registration

      1. 1.(1) This Schedule specifies the information that may be required...

    3. SCHEDULE 3

      Greenhouse gas criteria

      1. 1.Solid biomass, biogas or biomethane meets the greenhouse gas criteria...

      2. 2.Lifecycle greenhouse gas emissions are to be calculated as follows—...

      3. 3.For the purposes of paragraph 2— (a) ηh is the...

      4. 4.In this Schedule— “actual value method” means the method set...

    4. SCHEDULE 4

      Land criteria

      1. PART 1 Interpretation

        1. 1.In this Schedule, material is added to solid biomass for...

        2. 2.In this Schedule— “continuously forested area” means land of an...

        3. 3.For the purposes of this Schedule— (a) solid biomass was...

      2. PART 2 Land criteria for solid biomass which is wood or wholly derived from wood, excluding energy crops

        1. 4.Solid biomass which is wood or wholly derived from wood...

        2. 5.(1) For the purposes of paragraph 4, solid biomass which...

        3. 6.Material added to solid biomass for an exempt purpose shall...

        4. 7.For the purposes of paragraph 5, “Forest Europe Sustainable Forest...

      3. PART 3 Land criteria for other solid biomass including energy crops

        1. 8.Solid biomass which is not wood or derived wholly from...

        2. 9.Material added to solid biomass for an exempt purpose shall...

        3. 10.Solid biomass is obtained from a protected source if it...

        4. 11.This paragraph applies if the production of the solid biomass...

        5. 12.This paragraph applies if the cultivation and harvesting of the...

    5. SCHEDULE 5

      Information to be provided to the Authority where solid biomass is used for combustion or production of biomethane

      1. 1.This Schedule specifies the information that a participant is required...

      2. 2.The information is information identifying— (a) the material from which...

      3. 3.The information specified in paragraph 2 must be collated by...

    6. SCHEDULE 6

      Tariffs

    7. SCHEDULE 7

      Degression

      1. 1.Calculation of B

      2. 2.Calculation of C

  15. Explanatory Note

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