The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) (No. 2) Regulations 2017

Amendments to regulation 37 (payment of periodic support payments to participants)

4.—(1) Regulation 37 is amended as follows.

(2) In paragraph (3)—

(a) after “(15),” insert “ (15A),”;

(b) for “regulation 43(4) to (6)” substitute “regulations 37AA(1) and 43(4) to (6)”.

(3) In paragraph (6) after “(10)” insert “and regulations 37AA and 37BA”.

(4) In paragraph (7)(b) for “(11) or (12)” substitute “(11), (12) or (12A)”.

(5) In paragraph (11) for “paragraph (12)” substitute “paragraphs (12) and (12A)”.

(6) After paragraph (12) insert—

“(12A) Where an accredited RHI installation is a large biomass plant which has a tariff start date on or after 14th December 2016 but before 1st April 2017, the subsequent tariff for the period commencing with the fifth relevant date and ending with 31st March 2018 is the tariff relevant to large biomass plants set out in Schedule 3D.”.

(7) In paragraph (13) for “and (12)” substitute “, (12) and (12A)”.

(8) After paragraph (15) insert—

“(15A) For the purposes of paragraph (12A) and regulations 37AA and 37BA, where an accredited RHI installation is a biomass plant, a reference to the tariff set out in Schedule 3D is—

(a) in relation to the initial heat generated by the installation in a relevant period, a reference to the relevant tier 1 tariff specified in Schedule 3D; and

(b) in relation to all further heat generated in that same relevant period, a reference to the relevant tier 2 tariff so specified.

(15B) For the purposes of paragraph (15A), “relevant period” means—

(a) except as provided in sub-paragraph (b), the 12 month period commencing with, or with the anniversary of, the tariff start date; or

(b) where the accredited RHI installation is a large biomass plant which has a tariff start date on or after 14th December 2016 but before the fifth relevant date—

(i) the period commencing with the fifth relevant date and ending with the day before the anniversary of the tariff start date; and

(ii) thereafter, the 12 month period commencing with the anniversary of the tariff start date.”.

(9) In paragraph (16)—

(a) after “(12)(b)” insert “and regulations 37AA and 37BA”;

(b) after “the tariff set out in Schedule 3A” insert “or a reference to the tariff set out in Schedule 3D”;

(c) in sub-paragraph (a), for “Schedule 3A” substitute “that Schedule”.

(10) For paragraph (17) substitute—

“(17) “initial heat” means—

(a) for the purposes of paragraphs (15) and (16), the heat in kWhth generated by an accredited RHI installation running at its installation capacity for 1,314 hours; and

(b) for the purposes of paragraph (15A), the heat in kWhth generated by an accredited RHI installation running at its installation capacity for 3,066 hours.”.

(11) In paragraph (20)—

(a) after “(10B)” insert “and regulations 37AA and 37BA”;

(b) after “the tariff set out in Schedule 3C” insert “or a reference to the tariff set out in Schedule 3D”;

(c) in sub-paragraph (a), for “Schedule 3C” substitute “that Schedule”.