The Green Gas Support Scheme Regulations 2021
PART 1
Introductory
1
Citation, commencement and extent
2
Interpretation
3
The Green Gas Support Scheme
PART 2
Registration of participants and tariff guarantees
4
Application for tariff guarantee and budget allocation
5
Application for registration as a participant
6
Determination of application for registration and the central register
7
Treatment of grants from public funds
8
Additional capacity for biomethane production
8A
Registration of eligible heat pumps
PART 3
Ongoing obligations on participants
9
Ongoing participant obligations: biomethane
10
Ongoing participant obligations: general
11
Ongoing participant obligations: the provision of information
12
Ongoing participant obligations: sustainability
13
Ongoing participant obligations: sustainability audit reports
PART 4
Changes affecting participants
14
Review of registration following notification of a change in circumstances
15
Change of producer of biomethane
16
Withdrawal of participant
PART 5
Periodic support payments
17
Interpretation of this Part
18
Periodic support payments
19
Publication of tariffs
20
Expenditure forecast statement and tariff change notice
21
Calculation and payment of periodic support payments to participants
22
Calculation of initial tariffs and tariff review
23
Calculation of A
24
Calculation of B
25
Calculation of subsequent tariffs
26
Tariff tiers
27
Periodic support payments to participants
28
Reconciliation payments for biomethane
PART 6
Compliance and enforcement: participants
29
Power to temporarily withhold periodic support payments to investigate alleged non-compliance
30
Power to withhold periodic support payments: further provisions
31
Power to reduce a participant’s periodic support payments
32
Revocation of registration
33
Power to correct the level of tariff being paid to a participant
34
Overpayment notices and offsetting
35
Revocation of sanctions
36
Power to inspect equipment used to produce biomethane
37
Application of this Part in relation to former participant
PART 7
The levy
CHAPTER 1
Introductory
38
Scheme suppliers, provisionally exempt suppliers, and exempt suppliers
39
Calculation and publication of the levy rate
CHAPTER 2
Quarterly levy payments and levy credit payments
40
Calculation and notification of quarterly levy payments
41
Calculation of credit cover requirement
42
Levy credit payments
43
Letters of credit
43A
De minimis
CHAPTER 3
Payments to scheme suppliers
44
Distribution of interest on levy credit payments
45
Repayment of levy credit payments
PART 8
Additional obligations on scheme suppliers
46
Additional scheme supplier obligations: general
47
Additional scheme supplier obligations: the provision of information
48
Additional scheme supplier obligations: daily meter point data
PART 9
Changes affecting scheme suppliers
49
Former provisionally exempt suppliers
50
Exempt suppliers
51
Former scheme suppliers
PART 10
Compliance and enforcement: scheme suppliers
52
Anticipated default notices
53
Enforcement notices
54
Interest
55
Draw down of credit cover
56
Mutualisation
57
Penalty notices
58
Recovery of unpaid amounts as a civil debt
59
Default register
60
Appeals
61
Application of this Part in relation to former scheme supplier
PART 11
Administrative functions of the Authority
62
Right of review
63
Publication of guidance and scheme schedule
64
Provision of information to the Authority etc
65
Reporting obligations
66
Additional information
67
Power to use and disclose information
68
Notices
SCHEDULE 1
Information required for registration
1
This Schedule specifies the information that may be required of...
2
The information is (as applicable to the applicant)—
3
Information specified in this Schedule must be provided in such...
4
The costs of providing the information specified in this Schedule...
SCHEDULE 1A
Information required for registration of an eligible heat pump
1
This schedule specifies the information that the Authority may require...
2
The information is (as applicable to the applicant or participant)—...
3
Information specified in this Schedule must be provided in such...
4
The costs of providing the information specified in this Schedule...
SCHEDULE 2
Approval of schemes for listing sustainable fuels
1
Where the Secretary of State is satisfied that a scheme...
2
The requirements in this paragraph are that appropriate procedures have...
3
The requirements in this paragraph are— (a) that the feedstock...
4
The requirement in this paragraph is that the feedstock is,...
5
Where the Secretary of State approves a scheme under paragraph...
6
Where the Secretary of State is no longer satisfied that...
7
Where approval is revoked in accordance with paragraph 6, any...
8
In this Schedule— (a) “greenhouse gas criteria” has the meaning...
SCHEDULE 3
Land criteria
PART 1
Interpretation
1
(1) In this Schedule— “continuously forested area” means land of...
PART 2
Land criteria for solid biomass which is wood or wholly derived from wood, excluding energy crops
2
Solid biomass which is wood or wholly derived from wood...
3
(1) For the purposes of paragraph 2, solid biomass which...
4
Material added to solid biomass for an exempt purpose is...
5
For the purposes of paragraph 3— (a) “integrated pest management”...
PART 3
Land criteria for other solid biomass including energy crops
6
Solid biomass which is not wood or derived wholly from...
7
Material added to solid biomass for an exempt purpose is...
8
Solid biomass is obtained from a protected source if it...
9
This paragraph applies if the production of the solid biomass...
10
This paragraph applies if the cultivation and harvesting of the...
2021 No. 1335

Energy

The Green Gas Support Scheme Regulations 2021
Made
29th November 2021
Coming into force
30th November 2021
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 100 and 104(2) of the Energy Act 2008 .
In accordance with section 105(3) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
In accordance with section 100(7) of that Act, the Secretary of State has obtained the consent of the Scottish Ministers to the making of these Regulations.
In accordance with section 148A(1)(a) of the Government of Wales Act 2006 , the Secretary of State has consulted the Welsh Ministers.
2008 c. 32. Section 100 was amended by section 51 of the Infrastructure Act 2015 (c. 7) and by S.I. 2011/2195.
Section 105 (parliamentary control of subordinate legislation) was amended by section 51 of the Infrastructure Act 2015 which inserted subsections (3A) to (3I) concerning provisions which require the affirmative resolution procedure.
2006 c. 32. Section 148A, which was added by section 55(1) of the Wales Act 2017 (c. 4), requires the Secretary of State to consult the Welsh Ministers before establishing a renewable energy incentive scheme under section 100 of the Energy Act 2008 (“the 2008 Act”) that applies in Wales, but not in relation to any levy in connection with such a scheme.