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2.—(1) Regulation 39D of the Renewable Heat Incentive Scheme Regulations 2011(1) is amended as follows.
(2) For paragraph (1) substitute—
“(1) On or after 1st January 2017, this regulation applies where—
(a)an accredited RHI installation which is, or includes, a new solid biomass CHP system—
(i)has a tariff start date on or after 1st August 2016;
(ii)the power efficiency of the CHP system is lower than 10%; and
(iii)sub-paragraph (b) does not apply; or
(b)an accredited RHI installation which is, or includes, a new solid biomass CHP system—
(i)has a tariff start date on or after 1st August 2016 but before 1st January 2017;
(ii)the power efficiency of the CHP system is lower than 20%; and
(iii)the participant notifies the Authority, in such form as the Authority may require, by 1st February 2017 that on and after the date on which the notification is received, this sub-paragraph should apply.”.
(3) In paragraph (2), for “23(2) and 39C” substitute “23(2), 39C and paragraph (2)(A)”.
(4) In paragraph (2)(b), for “5” substitute “10”.
(5) After paragraph (2) insert—
“(2A) Where paragraph (1)(b) applies, paragraph (2)(b) applies as if for the number 10 there were substituted the number 5.”.
S.I. 2011/2860; regulation 39D was inserted by S.I. 2016/718.
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