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The Domestic Renewable Heat Incentive Scheme Regulations 2014

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 This draft has been replaced by a new draft, The Domestic Renewable Heat Incentive Scheme Regulations 2014 ISBN 978-0-11-111119-2

PART 3Accreditation of plants

Accreditation applications

17.—(1) An owner of a plant which meets the eligibility criteria may apply to the Authority for that plant to be given accreditation if that person owns or occupies the property to which the plant provides heat.

(2) Accreditation applications must include—

(a)all of the information specified in Part 1 of Schedule 4;

(b)such of the information specified in Part 2 of Schedule 4 as the Authority may require;

(c)any declarations by the applicant which the Authority may require;

(d)if regulation 13 requires that the heat generated by the plant for which accreditation is sought must be metered—

(i)confirmation from a certified installer who was responsible for, or checked, the installation of the meters, that eligible meters are installed in accordance with the metering requirements; and

(ii)a statement from that installer as to whether eligible meters are installed in accordance with paragraph (2), (3) or (4) of regulation 15, or paragraph (2), (3), (4) or (5) of regulation 16;

(e)if eligible meters are positioned in accordance with paragraph (3) or (4) of regulation 15 or paragraph (3), (4) or (5) of regulation 16, an authorisation application;

(f)if the plant is a heat pump and regulation 13 requires that the heat it generates must be metered, a statement as to which components of the heat pump the applicant is seeking to be included in the calculation of eligible metered heat; and

(g)if the plant is owned by more than one person, such evidence as the Authority may require that the accreditation application is made by only one of those owners and that the owner who is making the accreditation application has the authority from all other owners to be the participant.

(3) Where the plant is a heat pump for which the first commissioning date is earlier than the relevant date and the applicant does not want the seasonal performance factor for the plant to be deemed to be 2.5, the applicant must provide a request that the plant’s seasonal performance factor be calculated in accordance with the heat emitter guide.

(4) An accreditation application must be received by the Authority within 12 months of—

(a)the first commissioning date for the plant if that date is on or after the relevant date; or

(b)the relevant date if the first commissioning date for the plant is earlier than the relevant date.

(5) Where an RHPP grant has been paid for the plant, an accreditation application for that plant cannot be made earlier than the date—

(a)three months after the relevant date if the application for the RHPP grant was made earlier than 20 May 2013; or

(b)six months after the relevant date if the application for the RHPP grant was made on or after 20 May 2013.

Powers of the Authority when considering an accreditation application

18.—(1) The Authority may by notice request—

(a)that information about the plant or any eligible meters installed in relation to it be provided—

(i)by the certified installer who was responsible for the installation of the plant;

(ii)by the certified installer who was responsible for, or checked, the installation of the meters; or

(iii)by the applicant and verified by the relevant certified installer referred to in paragraph (i) or (ii) as applicable;

(b)that the applicant provide details of a further Energy Performance Certificate for the eligible property if the Authority has reason to believe that the applicant has not provided details of the most recent Energy Performance Certificate;

(c)that the applicant provide details of a further Energy Performance Certificate for the eligible property if—

(i)the applicant declares that loft insulation or cavity wall insulation cannot be installed in the property because of a reason set out in paragraph 1(4) of Schedule 3; and

(ii)the Authority is not satisfied that the loft insulation or cavity wall insulation recommended in the recommendation report cannot be installed and has requested a new Energy Performance Certificate in which that insulation is no longer recommended in the recommendation report; and

(d)that the applicant provide such other information specified in Part 2 of Schedule 4 as the Authority may require.

(2) The Authority may arrange for a site inspection to be carried out in order to satisfy itself that the plant should be given accreditation.

Time limits for provision of information

19.  Where the Authority gives a notice under regulation 18(1), the applicant must comply with that request within—

(a)three months of the date of the notice if the information is a new Energy Performance Certificate and regulation 18(1)(c) applies;

(b)three months of the date of the notice if the heat generated by the plant for which accreditation is being sought must be metered under regulation 13 and the information is evidence that the metering requirements are met;

(c)28 days of the date of the notice in any other case.

Conditions of accreditation

20.  The Authority may make an accreditation subject to any conditions it considers to be appropriate.

Accreditation

21.—(1) Where paragraph (2) applies, subject to regulation 22, the Authority must—

(a)give accreditation for the plant;

(b)notify the participant that the accreditation application has been successful;

(c)enter on the central register the participant’s name and such other information as the Authority considers necessary for the proper administration of the domestic RHI scheme;

(d)notify the participant of any conditions attached to the accreditation;

(e)provide the participant with a written statement (a “statement of eligibility”) including the following information—

(i)the RHI date for the plant;

(ii)the applicable initial tariff and details of how subsequent tariffs will be calculated;

(iii)details of the frequency and timetable for payments;

(iv)the tariff lifetime and tariff end date;

(v)if the plant is a heat pump, the seasonal performance factor for the heat pump; and

(vi)the deemed annual heat generation for the plant; and

(f)where regulation 13 requires that the heat generated by the plant must be metered, provide the participant with a statement containing the following information (a “metering statement”)—

(i)confirmation that the heat generated by the plant must be metered;

(ii)notification as to whether eligible meters must be positioned in accordance with paragraph (2), (3) or (4) of regulation 15 or paragraph (2), (3), (4) or (5) of regulation 16;

(iii)if eligible meters are positioned in accordance with paragraph (3) or (4) of regulation 15 or paragraph (3), (4) or (5) of regulation 16, confirmation as to the details of the metering arrangement for which the Authority has given authorisation;

(iv)if the plant is a heat pump, confirmation as to which components of the heat pump will be included in the calculation of eligible metered heat; and

(v)the process and timing for providing meter readings in accordance with regulation 43(4).

(2) This paragraph applies where—

(a)an accreditation application has, in the Authority’s opinion, been properly made in accordance with regulation 17;

(b)the Authority is satisfied that the plant meets the eligibility criteria; and

(c)the Authority has given authorisation where regulation 13 requires that the heat generated by the plant must be metered and the accreditation application includes a statement that meters are positioned in accordance with paragraph (3) or (4) of regulation 15 or paragraph (3), (4) or (5) of regulation 16.

(3) Where, at the time the Authority is giving accreditation for a plant which does not meet the metering requirements but the requirements in regulation 14(1)(b) are met, the Authority considers that the RHI payments for that plant are likely to be materially less than would be the case if the metering requirements were met, it must notify the participant of this.

Rejection of accreditation applications

22.—(1) The Authority may reject an accreditation application if—

(a)the Authority is not satisfied that the accreditation application has been properly made in accordance with regulation 17;

(b)the Authority is not satisfied that the plant meets the eligibility criteria;

(c)the Authority has reason to believe that one or more of the applicable ongoing obligations will not be complied with; or

(d)subject to paragraph (2), information requested by the Authority is not provided within the time limit specified in regulation 19.

(2) The Authority must not reject an accreditation application on the basis that information has not been provided in accordance with regulation 19(c) if—

(a)the applicant contacted the Authority before the 28 day period expired—

(i)stating that the information sought is not yet available;

(ii)stating that the information cannot be provided; or

(iii)providing alternative information; and

(b)fewer than three months have passed since the date of the first notice in which the Authority requested the information.

(3) Where the Authority decides to reject an accreditation application it must notify the applicant that the application has been rejected, giving reasons.

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