This Statutory Instrument has been made in consequence of a defect in SI 2013/1033 and SI 2013/2410 and is being issued free of charge to all known recipients of those Statutory Instruments.
Statutory Instruments
2013 No. 3179
Energy
The Renewable Heat Incentive Scheme (Amendment) (No. 3) Regulations 2013
Made
12th December 2013
Coming into force in accordance with regulation 1
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 100 and 104 of the Energy Act 2008( 1 ).
In accordance with section 105(2)(a) and (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.
Citation and commencement
1. These Regulations may be cited as the Renewable Heat Incentive Scheme (Amendment) (No. 3) Regulations 2013 and come into force on the day after the day on which they are made.
Amendments to the Renewable Heat Incentive Scheme Regulations 2011
2.The Renewable Heat Incentive Scheme Regulations 2011( 2 ) are amended as follows.
Amendments to regulation 37C
3. In regulation 37C (calculation of B)—
(a) after paragraph (3) insert—
“ (3A) B is 0 if—
(a) the application for accreditation was made in the period—
(i) commencing with 24th September 2013, and
(ii) ending with the day before the date on which the Renewable Heat Incentive Scheme (Amendment) (No. 3) Regulations 2013 come into force or 1st January 2014, whichever is the earlier;
(b) compliance with regulation 5(1)(d)(ii) is one of the eligibility criteria in relation to that installation;
(c) except in relation to compliance with regulation 5(1)(d)(ii), before 1st January 2014—
(i) the application was properly made, and
(ii) the eligibility criteria were met;
(d) the plant has an installation capacity of 500 kWth or less;
(e) the plant is commissioned before 1st January 2014; and
(f) the tariff start date falls on or after 1st January 2014. ”
(b) in paragraph (4), before “B is” insert “Except where paragraph (3A) applies,”.
Amendments to regulation 37D
4. In regulation 37D (calculation of C)—
(a) in paragraph (2), for sub-paragraphs (c) to (e) substitute—
“ (c) the third test is met in relation to an assessment date if, as at that assessment date, the increase in expenditure forecast applicable to the installation or participant is less than 50% of the figure specified in relation to that date in the fourth column of the table in the relevant Part of Schedule 5 (“the anticipated increase figure”);
(d) the fourth test is met in relation to an assessment date if, as at that assessment date, the increase in expenditure forecast applicable to the installation or participant is at least 50% of, but less than 150% of, the anticipated increase figure;
(e) the fifth test is met in relation to an assessment date if, as at that assessment date, the increase in expenditure forecast applicable to the installation or participant is at least 150% of the anticipated increase figure. ”
(b) after paragraph (3) insert—
“ (3A) C is 0 if—
(a) the application for accreditation was made in the period—
(i) commencing with 24th September 2013, and
(ii) ending with the day before the date on which the Renewable Heat Incentive Scheme (Amendment) (No. 3) Regulations 2013 come into force or 1st January 2014, whichever is the earlier;
(b) compliance with regulation 5(1)(d)(ii) is one of the eligibility criteria in relation to that installation;
(c) except in relation to compliance with regulation 5(1)(d)(ii), before 1st January 2014—
(i) the application was properly made, and
(ii) the eligibility criteria were met;
(d) the plant has an installation capacity of 500 kWth or less;
(e) the plant is commissioned before 1st January 2014; and
(f) the tariff start date falls on or after 1st January 2014. ”
(c) in paragraphs (4), (5) and (6) before “C is” insert “Except where paragraph (3A) applies,”.
Amendments to Schedule A1
5. In Schedule A1 (content of RHI emission certificates)—
(a) in paragraph 4, for “ISO 17025” substitute “BS EN ISO/IEC 17025:2005”;
(b) for paragraphs 7 to 9 substitute—
“ 7. Confirmation that emissions of NO x and PM have been tested on the same occasion in accordance with the requirements specified in paragraph 8 or 9.
8. The requirements of this paragraph are that testing is carried out in accordance with the provisions relevant to emissions of PM and NO x in either BS EN 303-5:1999 ( 3 ) or BS EN 303-5:2012 ( 4 ) , whichever standard is current at the time of testing.
9. The requirements of this paragraph are that—
(a) testing is carried out in accordance with—
(i) BS EN 14792:2005 ( 5 ) in respect of NO x emissions, and
(ii) BS EN 13284-1:2002 ( 6 ) or BS ISO 9096:2003 ( 7 ) in respect of PM emissions;
(b) the emissions of PM represent the average of at least three measurements of emissions of PM, each of at least 30 minutes duration; and
(c) the value for NO x emissions is derived from the average of measurements made throughout the PM emission tests. ”
Gregory Barker
Minister of State
Department of Energy and Climate Change
12th December 2013
2008 c.32 . Section 100 is amended by S.I. 2011/2195 .
S.I. 2011/2860 amended by S.I. 2012/1999 , S.I. 2013/1033 and S.I. 2013/2410 .
ISBN 0 580 323560 0. Copies can be obtained from the British Standards Institution at www.bsigroup.com .
ISBN 978 0 580 71785 7. Copies can be obtained from the British Standards Institution at www.bsigroup.com .
ISBN 0 580 46990 5. Copies can be obtained from the British Standards Institution at www.bsigroup.com .
ISBN 0 580 38920 0. Copies can be obtained from the British Standards Institution at www.bsigroup.com .
ISBN 0 580 41276 8. Copies can be obtained from the British Standards Institution at www.bsigroup.com .