PART 1 Introductory provisions

Citation and commencement_I1

1. These Regulations may be cited as the Domestic Renewable Heat Incentive Scheme Regulations 2014 and come into force on the day after the day on which they are made.

Interpretation_I2

2.[^F1—(1)^F1] In these Regulations—

“accreditation” means a determination by the Authority that a plant for which an accreditation application is made is an accredited domestic plant;

“accreditation application” means an application for accreditation of a plant under regulation 17 which has not been withdrawn by the applicant;

“accredited domestic plant” means a plant in respect of which RHI payments are payable;

“accredited RHI installation” has the meaning given by regulation 2 of the Renewable Heat Incentive Scheme Regulations [^F2 2018 ^F2] ;

“additional plant” means any plant which provides heat to the same RHI property as an accredited domestic plant but which is not part of that accredited domestic plant;

“air source heat pump” means a plant which generates heat by absorbing energy stored in the form of heat in the ambient air outside a property and uses that energy to heat a liquid;

“applicant” means a person who makes an accreditation application, an authorisation application or a registration application;

[^F3 “approved sustainable fuel” means solid biomass which is listed under a scheme approved by the Secretary of State in accordance with regulation 36E of the Renewable Heat Incentive Scheme Regulations 2011 [^F4 or regulation 51 of the Renewable Heat Incentive Scheme Regulations 2018 ^F4] ; ^F3]

“assessment date” means 31st January, 30th April, 31st July or 31st October in any calendar year;

[^F5 “assignment” means an arrangement under which a participant assigns their RHI payments to an NRI; ^F5]

“associated infrastructure” includes equipment installed under a metering and monitoring agreement;

“authorisation”, in relation to a metering arrangement, means approval by the Authority of that metering arrangement under regulation 25;

“authorisation application” means an application for authorisation of a metering arrangement under regulation 23;

“authorised metering arrangement” means a metering arrangement which has been given authorisation;

“biomass boiler” means a plant which—

“biomass plant” means a plant which is a biomass boiler or a biomass stove but not both;

“biomass stove” means a plant which—

“central register” means the register maintained by the Authority under regulation 67;

[^F7 “certified installer” means a person who is certified by the Microgeneration Certification Scheme or a scheme—

[^F8 “ code of practice ” means—

“commissioned”, in relation to a plant, means the completion of such procedures and tests as constitute, at the time they are undertaken, the usual industry standards and practices for that type of plant which demonstrate that it is capable of operating and generating heat;

“compressor” means a mechanical device which increases the pressure of refrigerant used in a heat pump;

“condensing plant” means a plant which is designed to use the latent heat released from the condensation of water vapour into a liquid with the resulting liquid leaving the boiler by way of a drain;

[^F9 “consumer prices index” means—

[^F10 “cooker stove” means a biomass stove which is capable of generating heat for the purpose of cooking food but which is designed to ensure that heat generated for that purpose is incidental to, and cannot be controlled separately from, any heat generated for the purpose of space heating or domestic hot water heating; ^F10]

“deemed annual heat generation” has the meaning given by regulation 29;

^F11 “domestic hot water” means hot water used ... for a purpose other than space heating or heating a swimming pool;

“domestic hot water cylinder” means a tank used to store domestic hot water;

“domestic RHI scheme” means the scheme established by these Regulations;

“dwelling” has the meaning given by—

“efficiency” means the ratio of the heat generated by a plant to its energy consumption;

“eligibility criteria” has the meaning given by regulation 3;

“eligible electricity meter” means an electricity meter which meets the relevant requirements set out in Annex 1 to the Measuring Instruments Directive, the specific requirements listed in Annex [^F12 V ^F12] to that Directive and the requirements for accuracy class A as defined in Annex [^F12 V ^F12] to that Directive;

“eligible gas meter” means a gas meter which meets the relevant requirements set out in Annex 1 to the Measuring Instruments Directive, the specific requirements listed in Annex [^F13 IV ^F13] to that Directive and the requirements for accuracy class 1.5 as defined in Annex [^F13 IV ^F13] to that Directive;

“eligible heat meter” means a heat meter which meets the relevant requirements set out in Annex 1 to the Measuring Instruments Directive, the specific requirements listed in Annex [^F14 VI ^F14] to that Directive and the requirements for accuracy class 3 as defined in Annex [^F14 VI ^F14] to that Directive;

“eligible meter” means an eligible electricity meter, eligible gas meter, eligible heat meter or eligible oil meter;

“eligible metered heat” means, in relation to an accredited domestic plant which is—

“eligible new-build property” means a property which is supplied with heat by a plant in respect of which an accreditation application is made and where—

“eligible oil meter” means an oil meter which meets the relevant requirements set out in Annex 1 to the Measuring Instruments Directive, the specific requirements listed in Annex [^F16 VII ^F16] to that Directive and the requirements for accuracy class 1 as defined in Annex [^F16 VII ^F16] to that Directive;

“eligible property” means a property that meets the requirements set out in Schedule 3;

“eligible purpose” means, in relation to heat generated by—

“Energy Performance Certificate” has the meaning given by—

“expenditure forecast statement” has the meaning given by regulation 38(1);

“financial year” means a 12 month period commencing on 1st April and ending on the following 31st March;

“first commissioning date” means the date on which a plant is first commissioned;

“forecast for expenditure” has the meaning given by regulation 38(7);

“fuel” excludes electricity;

“grant from public funds” means a grant made by a public authority or by any person distributing funds on behalf of a public authority;

“grant funding deduction” means the figure calculated in accordance with regulation 32;

^F18...

“Green Deal Plan” has the meaning given by section 1 of the Energy Act 2011 ( 4 );

“ground source heat pump” means a plant which generates heat by absorbing energy stored in the form of heat from the ground, including water in the ground, or surface water or both and uses that energy to heat a liquid;

[^F19 “heat emitter guide” means version 2.0 of the document entitled “Heat Emitter Guide for Domestic Heat Pumps” published on 21st November 2014; ^F19]

[^F20 “heat meter” has the same meaning as that given to “thermal energy meter” in Annex VI to the Measuring Instruments Directive; ^F20]

“heat pump” means a plant which is an air source heat pump or a ground source heat pump but not both;

“increase in expenditure forecast” has the meaning given by regulation 38(7);

“initial tariff” means the tariff for an accredited domestic plant for [^F21 all or part of ^F21] its initial tariff period, calculated in accordance with regulation 34;

“initial tariff period” means the period commencing on a plant’s tariff start date and ending on the following 31st March;

“installation capacity” means the total installed peak heat output capacity of a plant;

[^F22 “investor” means a person who provides funding in relation to any of the cost of the purchase or installation of a plant in return for RHI payments and enters into a contract with an applicant or participant in respect of such arrangement, or a person who intends to do so; ^F22]

[^F23 “investor application” means an application made under regulation 22A which has not been withdrawn; ^F23]

[^F23 “investor registration” means the entry of an investor’s details on the central register under regulation 22C(2)(a); ^F23]

“kWh” means kilowatt hour;

“landlord” means a person who owns a property (solely or together with one or more other owners) but does not occupy that property;

“local authority” means a local authority within the meaning given in section 106 of the Localism Act 2011 ( 5 ) or a council constituted under section 2 of the Local Government etc (Scotland) Act 1994( 6 );

“MCS register” means the register maintained by the Microgeneration Certification Scheme, or an equivalent scheme [^F24 under which installers are certified to that scheme’s standards by a certification body or organisation accredited to EN 45011 or EN ISO/IEC 17065:2012 ^F24] , of installers and plant which are certified under that scheme;

“measuring instrument” means an eligible meter, a temperature sensor, or any equipment which records information used to determine the efficiency of a biomass plant;

[^F25 “Measuring Instruments Directive” means Directive 2014/32/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast); ^F25]

“metering and monitoring agreement” means an agreement which meets the requirements set out in Schedule 7;

“metering and monitoring biomass boiler” means a biomass boiler which is an accredited domestic plant and is designed and installed to burn only wood pellets;

“metering and monitoring installer” means a certified installer who has entered into a metering and monitoring agreement with a participant;

[^F26 “metering and monitoring lump sum payment” means a single payment of—

[^F27 “metering and monitoring payment” means—

“metering arrangement” means a document which identifies the location and type of each eligible meter positioned in accordance with paragraph (3) or (4) of regulation 15 or paragraph (3), (4) or (5) of regulation 16;

“metering requirements” has the meaning given by regulation 14(1)(a);

“metering statement” means a written statement provided by the Authority which contains the information specified in regulation 21(1)(f);

[^F28 “MM payments” means a metering and monitoring lump sum payment or metering and monitoring payments, or both; ^F28]

[^F28 “NRI” has the meaning given in regulation 22E(3); ^F28]

“NOx” means oxides of nitrogen;

[^F29 “on-board meter” means an electricity meter which is integrated into a heat pump and is able to display the electricity consumption of that heat pump in kWh; ^F29]

“ongoing obligations” means the obligations specified in Part 7 [^F30 or Part 7A, as applicable ^F30] ;

“original plant” means an accredited domestic plant which is replaced by another plant;

“participant” means the owner of an accredited domestic plant or, where there is more than one owner, the owner who has provided to the Authority under regulation 17(2)(g) or regulation 48(2) or (9) evidence that they have the authority to act on behalf of all owners;

[^F31 “properly made” in relation to an application means—

“PM” means particulate matter;

“quarterly period” means the first, second, third or fourth quarter of—

“recommendation report” has the meaning given by—

“registered metering and monitoring agreement” means a metering and monitoring agreement which has been given registration under regulation 52;

“registration” [^F32 , except in the term “investor registration", ^F32] means the entry of a metering and monitoring agreement on the central register under regulation 52;

“registration application” means an application for registration under regulation 50;

[^F10 “related property”, in relation to an eligible property, means any building or swimming pool which is used by, or available for the use of, an owner or occupier of the eligible property and where the building or swimming pool—

“relevant date” means the date on which these Regulations come into force;

[^F33 “relevant EPC” means—

“relevant installation standard” has the meaning given by regulation 8(2);

“replacement plant” means a plant which is installed in place of an original plant and uses the same sources of energy as the original plant;

“retail prices index” means—

“RHI date” means, where an accreditation application is made in respect of a plant which is—

“RHI emissions certificate” means a document that meets the requirements set out in Schedule 2;

“RHI payments” has the meaning given by regulation 26(1);

“RHI property”, means an eligible property to which an accredited domestic plant provides heat;

“RHPP grant” means a grant—

[^F34 “RI” means an investor registered on the central register in accordance with regulation 22C; ^F34]

[^F35 “ scheme closure ” has the meaning given in regulation 2A(1); ^F35]

[^F36 “SCOP calculator” means version 1.0 of the document entitled “MCS 026 Seasonal Coefficient of Performance Calculator” published on 1st May 2015 [^F37 or a subsequent version or issue of that document approved by the Secretary of State under regulation 2B(4) ^F37] ; ^F36]

“seasonal performance factor” means a ratio of the heat generated by a heat pump to its energy consumption and where the plant’s first commissioning date is—

[^F39 “second relevant date” means the date of coming into force of the Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) ( No. 2) Regulations 2017; ^F39]

[^F10 “social landlord” means a local authority, a private registered provider of social housing, a body registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996 or a body registered as a social landlord under section 23 of the Housing (Scotland) Act 2010 ; ^F10]

“solar thermal plant” means a plant which generates heat using a liquid filled flat plate or evacuated tube solar collector;

“solid biomass” includes wood pellets;

“statement of eligibility” has the meaning given by regulation 21(1)(e);

“subsequent tariff” means a tariff for an accredited domestic plant for [^F40 all or part of ^F40] any financial year commencing after the end of its initial tariff period, calculated in accordance with regulation 37;

“tariff” means the payment rate for each kWh of heat generated by an accredited domestic plant;

“tariff category” means a category of plant which is listed in the first column of the table in Schedule 5;

“tariff end date” means the last day of the tariff lifetime;

“tariff lifetime” means the period for which RHI payments are payable for an accredited domestic plant;

“tariff period” is a three month period commencing on 1st January, 1st April, 1st July or 1st October in any calendar year;

“tariff start date” means the RHI date for an accredited domestic plant;

“temperature sensor” means a device that measures temperature by employing an electrical signal;

“testing laboratory” means an organisation which carries out the testing of emissions from a plant either at permanent laboratory premises or away from those premises;

[^F41 “third relevant date” means the date of coming into force of the Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 ; ^F41]

“type-testing range” means a range of plants which have the same construction and design so that the testing of one or more plants in that range gives results capable of applying to all plants in the range, provided that the ratio of the installation capacity of the smallest plant to that of the largest plant in the type-testing range for which tests are carried out is no more than 1:2;

[^F42 “Unique Registered Investor Reference” has the meaning given in regulation 22C(2)(b)(iii); ^F42]

“Wh” means watt hour; and

“working day” means any day other than—

[^F43 (2) Where these Regulations provide for a figure to be stated to two decimal places and rounded, that figure must be rounded to the nearest hundredth of a penny with any two hundredth of a penny being rounded upwards.^F43]

[^F44PART 1A Scheme closure

Closure of the domestic RHI scheme to applications

2A.—(1) Subject to this regulation—

(a) the domestic RHI scheme is closed to applications from midnight at the end of 31st March 2022 (“scheme closure”); and

(b)the Authority must not give accreditation under regulation 21(1) where it would result in a tariff start date that falls on or after 1st April 2022.

(2) The domestic RHI scheme is closed to investor applications from midnight at the end of 30th June 2028.

(3) The domestic RHI scheme is closed to authorisation applications from midnight at the end of 31st December 2028.

(4) The domestic RHI scheme is closed to accreditation applications for a replacement plant from midnight at the end of 31st December 2028.

(5) The domestic RHI scheme is closed to registration applications in relation to a replacement plant from midnight at the end of 31st December 2028.

(6) In paragraph (1)(a), “ applications ” means—

(a)accreditation applications (not including accreditation applications for a replacement plant); and

(b)registration applications (not including registration applications in relation to a replacement plant).

Approval of documents published after scheme closure

2B.—(1) The Secretary of State may approve a version or issue of an installation standard mentioned in regulation 8(2)(a) which is published by the Microgeneration Certification Scheme after scheme closure and is in force on a plant’s first commissioning date as a relevant installation standard for that plant.

(2) The Secretary of State may approve a version or issue of the installation standard mentioned in regulation 29(6) which is published after scheme closure for the purpose of calculating the deemed annual heat generation for a solar thermal plant.

(3) The Secretary of State may approve a version or issue of a code mentioned in paragraph (a) or (b) of the definition of “code of practice” in regulation 2 which is published after scheme closure as a code of practice for the purpose of these Regulations.

(4) The Secretary of State may approve a version or issue of the document mentioned in the definition of “SCOP calculator” in regulation 2 which is published after scheme closure for the purpose of calculating the seasonal performance factor. ^F44]

PART 2 Eligibility criteria

Eligibility criteria_I3

3. A plant which is a biomass plant, heat pump or solar thermal plant is eligible for accreditation where it meets the requirements (“the eligibility criteria”) set out in—

(a)regulation 4, 5, or 6 (whichever is applicable to the plant);

(b)regulations 7 to 11;

(c)if the plant is not the first and only plant to provide heat to [^F45an eligible property^F45] , regulation 12; and

(d)if regulation 13 requires that the heat generated by the plant must be metered, regulation 14.

Requirements for biomass plants_I4

4.—(1) Where the plant is a biomass plant, the applicable requirements referred to in regulation 3(a) are that—

(a)where—

(i)the plant is designed and installed to use both a permitted source of energy and another source of energy; and

(ii)that other source of energy is not used solely for ignition,

paragraph (2) is satisfied in respect of any part of the plant which uses that other source of energy (“the non-biomass part”);

(b)it provides heating—

(i)solely to a single eligible property[^F46 , or to both a single eligible property and any related property^F46] ;

(ii)for an eligible purpose; and

(iii)if the plant is a biomass stove, it provides heating for that eligible purpose using a liquid-filled heat exchanger enclosed within it;

(c)it is a condensing plant or meets the requirements set out in—

(i)at least one of the standards specified in paragraph 1(2) of Schedule 1 which is relevant to the plant and which is applicable on the plant’s first commissioning date, if the plant is a biomass boiler; or

(ii)the standard specified in paragraph 1(3) of Schedule 1, if the plant is a biomass stove; and

(d)it has a first commissioning date which is—

(i)earlier than the relevant date; or

(ii)on or after the relevant date and an RHI emissions certificate has been issued for the plant, a plant of the same make, model and installation capacity as the plant, or any other plant in the same type-testing range as the plant.

(2) For the purposes of paragraph (1)(a), this paragraph is satisfied where the non-biomass part—

(a)comprises an immersion heater for a domestic hot water cylinder or otherwise solely generates heat for the purpose of heating domestic hot water; or

(b)comprises a supplementary electric heater and a single control system governs the whole plant.

(3) In paragraph (1), “permitted source of energy” means, if the source of energy is used by—

(a)a biomass boiler, solid biomass; and

(b)a biomass stove, wood pellets.

(4) Schedules 2 and 3 have effect.

Requirements for heat pumps_I5

5.[^F47—(1)^F47] Where the plant is a heat pump, the applicable requirements referred to in regulation 3(a) are that—

(a)it provides heating—

(i)solely to a single eligible property[^F48 , or to both a single eligible property and any related property^F48] ; and

(ii)for an eligible purpose using liquid as a medium for delivering that heat;

(b)it meets the requirements set out in the standards for heat pumps specified in paragraph 1(4)(a), (b), (c) or (d) of Schedule 1 which are applicable on the plant’s first commissioning date;

(c)it has a seasonal performance factor of 2.5 or above;

(d)^F49it uses a compressor which is driven by electricity; ...

(e)if it is an air source heat pump, it is not designed to use heat in air which has been expelled from an appliance or building [^F50; and

(f)if it is a heat pump for which the RHI date is on or after the third relevant date, it meets the requirements specified in paragraph (2)^F50] .

[^F51 (2) The requirements specified in this paragraph are that—

(a)one or more eligible electricity meters or on-board meters are installed to record any—

(i)electricity supplied to the plant which is used to generate heat;

(ii)electrical input into any supplementary electric heater controlled by the same control system which governs the heat pump; and

(iii)electrical input into any immersion heater for a domestic hot water cylinder where the immersion heater is controlled by the same control system which governs the heat pump;

(b)in respect of any eligible electricity meter installed in accordance with sub-paragraph (a)—

(i)in the case of a meter installed before the third relevant date, a certified installer was responsible for installing it or for checking that it was properly installed;

(ii)in the case of a meter installed on or after the third relevant date, a certified installer was responsible for installing it;

(iii)the meter is properly calibrated, properly installed and in good working order; and

(iv)the meter has a label which identifies the plant or other components being metered.^F51]

Requirements for solar thermal plants_I6

6. Where the plant is a solar thermal plant, the applicable requirements referred to in regulation 3(a) are that it—

[^F52 (a)is designed and installed to provide heating—

(i)solely to a single eligible property, or to both a single eligible property and any related property; and

(ii)solely for an eligible purpose, using liquid as a medium for delivering that heat;^F52]

(b)meets the requirements set out in whichever of the standards for solar thermal plants specified in [^F53paragraph 1(5)(a), (b) and (c)^F53] of Schedule 1 are relevant to the plant and are applicable on the plant’s first commissioning date;

(c)cannot also be used to generate electricity.

Installation requirements_I7

7. The requirements referred to in regulation 3(b) are that, on the RHI date for the plant, all parts of the plant have the same first commissioning date and that date is on or after 15th July 2009.

Certification requirements_I8

8.—(1) The requirements referred to in regulation 3(b) are that the plant is certified under—

(a)the Microgeneration Certification Scheme(9) as installed in accordance with [^F54a relevant installation standard^F54] in that scheme; or

[^F55 (b)a scheme where—

(i)installers are certified to that scheme’s standards by a certification body or organisation accredited to EN 45011 or EN ISO/IEC 17065:2012;

(ii)the plant is installed in accordance with the installation requirements applicable to the plant under that scheme on the plant’s first commissioning date and which are equivalent to a relevant installation standard; and

(iii)that scheme is equivalent to the Microgeneration Certification Scheme.^F55]

(2) In paragraph (1), “relevant installation standard” means, if the first commissioning date for the plant is—

[^F56 (za)after scheme closure, a document mentioned in sub-paragraph (a) or a subsequent version or issue of that document approved by the Secretary of State under regulation 2B(1);^F56]

(a)on or after the relevant date[^F57 and before scheme closure^F57] —

[^F58 (i)where the plant is a biomass plant—

(aa)version 4.0 of the document entitled “Microgeneration Installation Standard: MIS 3004 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of solid biofuel heating systems” published on 16th December 2013;

(bb)version 4.1 of the document entitled “Microgeneration Installation Standard: MIS 3004 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of solid biofuel heating systems” published on 1st May 2015; or

(cc)version 4.2 of the document entitled “Microgeneration Installation Standard: MIS 3004 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of solid biofuel heating systems” published on 6th May 2015,

provided it is in force on the plant’s first commissioning date;^F58]

[^F59 (ii)where the plant is a ground source heat pump or air source heat pump—

(aa)version 4.1 of the document entitled “Microgeneration Installation Standard: MIS 3005 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of microgeneration heat pump systems” published on 21st November 2014; ^F60...

(bb)version 4.0 of the document entitled “Microgeneration Installation Standard: MIS 3005 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of microgeneration heat pump systems” published on 16th December 2013 [^F61 , ^F62...

(cc)version 4.3 of the document entitled “Microgeneration Installation Standard: MIS 3005 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of microgeneration heat pump systems” published on 6th May 2015^F61] [^F63 ; ^F64...

(dd)version 5.0 of the document entitled “Microgeneration Installation Standard: MIS 3005 requirements for MCS contractors undertaking the supply, design, installation, set to work, commissioning and handover of microgeneration heat pump systems” published on 28th April [^F65 2017; or^F65,F63]]

[^F66 (ee) Issue 1.0 of the document entitled “Microgeneration Installation Standard: MIS 3005-D The Heat Pump Standard (Design)” published on 1st December 2021 and Issue 1.0 of the document entitled “Microgeneration Installation Standard: MIS 3005-I The Heat Pump Standard (Installation)” published on 1st December 2021, ^F66]

provided [^F67 the specified installation standard or standards are^F67] in force on the plant’s first commissioning date; or

(iii)where the plant is a solar thermal plant—

(aa)version 4.1 of the document entitled “Microgeneration Installation Standard: MIS 3001 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of solar heating microgeneration systems” published on 21st November 2014; ^F68...

(bb)version 4.0 of the document entitled “Microgeneration Installation Standard: MIS 3001 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of solar heating microgeneration systems” published on 16th December 2013 [^F69 ; ^F70...

(cc)version 4.2 of the document entitled “Microgeneration Installation Standard: MIS 3001 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of solar heating microgeneration systems” published on 1st May [^F71 2015; or^F71,F69]]

[^F72 (dd) Issue 5.0 of the document entitled “Microgeneration Installation Standard: MIS 3001 The Solar Thermal Standard (Installation)” published on 1st December 2021, ^F72]

provided it is in force on the plant’s first commissioning date; or^F59]

(b)earlier than the relevant date, any installation requirements applicable to the plant under the Microgeneration Certification Scheme on the first commissioning date.

Plants used to generate heat before the first commissioning date_I9

9.—(1) The requirements referred to in regulation 3(b) are that no part of the plant which generates heat, other than any of the components listed in paragraph (2), was used before the plant’s first commissioning date.

(2) The components referred to in paragraph (1) are—

[^F73 (a)components, apart from solar thermal collectors (liquid filled flat plate or evacuated tubes), which solely generate heat for the purpose of heating domestic hot water;^F73]

(b)supplementary electric heaters; and

(c)circulation pumps.

Requirements regarding funding of plants_I10

10. The requirements referred to in regulation 3(b) are that—

[^F74 (a)some or all of the costs of the purchase or installation of the plant are met by—

(i)an owner or former owner of the plant, using that person’s own funds (including a loan which that person was liable to repay or a Green Deal Plan for which that person is liable to make, or has made, payments); or

(ii)an RI; or^F74]

(b)the plant is owned by a local authority.

Requirement that plant is not an accredited RHI installation_I11

11. The requirements referred to in regulation 3(b) are that the plant is not, and has not been at any time, an accredited RHI installation.

Requirements where more than one plant provides heat to a property_I12

12. —(1) The requirements referred to in regulation 3(c) are that where the plant (“plant A”) provides heat to [^F75 an eligible property ^F75] to which any other plant provides heat or has previously provided heat, in relation to that other plant, or if there is more than one in relation to each such plant, (“plant B”),—

(a)paragraph (2) or (3) applies; and

(b)paragraph (4) applies.

(2) This paragraph applies if plant B—

(a)is not, and has not at any time been, an accredited domestic plant; and

(b)is not a plant for which an accreditation application has been made and has not been rejected.

(3) This paragraph applies if plant B is, or has previously been, an accredited domestic plant and—

(a)either plant A or plant B (but not both) is a solar thermal plant; or

(b)plant B is an original plant and plant A is a replacement plant.

(4) This paragraph applies if plant B—

(a)is not, and has not at any time been, an accredited RHI installation; and

(b)is not a plant for which an application for accreditation has been made and not withdrawn by the applicant (and accreditation has not been refused) under the Renewable Heat Incentive Scheme Regulations 2011(10) [^F76or the Renewable Heat Incentive Scheme Regulations 2018^F76] .

Plants where heat generation must be metered_I13

13. —(1) The heat generated by the plant (“plant A”) must be metered if—

(a)plant A is not a solar thermal plant; and

(b)plant A falls within paragraph (2), (3), (4) or (5).

(2) Plant A falls within this paragraph where it provides heat to the [^F77 same eligible property ^F77] as another plant (“plant B”), except where plant B—

(a)is a solar thermal plant;

(b)is designed and installed to heat only one room;

[^F78 (ba)is located in a partition wall and directly radiates heat to two rooms;^F78]

(c)captures heat from air which is expelled from [^F79the eligible property^F79] and transfers that heat into fresh air entering that property without generating additional heat;

(d)is an immersion heater for a domestic hot water cylinder or is any other plant which solely generates heat for the purpose of heating domestic hot water; or

(e)is a supplementary electric heater which is controlled by the same control system as the control system governing plant A.

(3) Plant A falls within this paragraph where it is a biomass plant with an installation capacity which is not sufficient to provide space heating for all parts of the [^F80eligible^F80] property to which it provides heat and its first commissioning date is on or after the relevant date.

(4)[^F81 Subject to paragraph (4A),^F81] plant A falls within this paragraph where the [^F82eligible^F82] property to which it provides heat was occupied for less than 183 days in the 12 month period ending on its RHI date.

[^F83 (4A) Subject to regulation 46(1A), paragraph (4) does not apply to eligible new-build properties.^F83]

(5) Plant A falls within this paragraph where it is a heat pump and is capable of using a fuel when generating heat for an eligible purpose.

Metering requirements_I14

14.—(1) The requirements referred to in regulation 3(d) are that, in relation to all eligible meters used in relation to the plant [^F84, other than any eligible electricity meters installed in order to comply with the requirements specified in regulation 5(2)^F84] —

(a) the requirements set out in paragraph (2) are met (“the metering requirements”); or

(b)the metering requirements in paragraph (2)(a) are met and the Authority is satisfied that, were the plant given accreditation, no participant[^F85 or NRI^F85] would, as a consequence of the failure to meet the other metering requirements, be entitled to receive RHI payments which are materially greater than would be the case were all the metering requirements met.

(2) The requirements referred to in paragraph (1)(a) are that—

[^F86 (a)in the case of a meter installed—

(i)before the relevant date, a certified installer was responsible for installing it or for checking that it was properly installed;

(ii)on or after the relevant date, a certified installer was responsible for installing it;^F86]

(b)each eligible meter—

(i)is positioned in accordance with the requirements specified in regulation 15 if the plant is a biomass plant or regulation 16 if the plant is a heat pump;

(ii)is properly calibrated;

(iii)is properly installed and in good working order; and

(iv)bears a label which identifies the meter using a unique reference number which enables the meter to be consistently identified when the information recorded by the meter is submitted to the Authority.

Positioning of meters when recording heat generated by biomass plants_I15

15. —(1) For the purposes of regulation 14(2)(b), where the plant (“plant A”) is a biomass plant, meters must be positioned in accordance with paragraph (2), (3) or (4).

(2) Meters are positioned in accordance with this paragraph if one or more eligible heat meters are installed to record the heat output delivered by a liquid from plant A.

(3) Meters are positioned in accordance with this paragraph if one or more eligible heat meters are installed to record separately—

(a) the combined heat output of plant A and any other plant (“plant B”); and

(b)the heat output of plant B.

(4) Meters are positioned in accordance with this paragraph if one or more eligible meters are installed to record separately—

(a)the combined heat output of plant A and plant B; and

(b)any energy consumption by plant B.

Positioning of meters when recording heat generated by heat pumps_I16

16. —(1) For the purposes of regulation 14(2)(b), where the plant (“plant A”) is a heat pump, meters must be positioned in accordance with paragraph (2), (3), (4), or (5).

(2) Meters are positioned in accordance with this paragraph if one or more eligible meters are installed to record separately—

(a) the heat output from any component of plant A which is a compressor, and any other components of plant A which the owner of plant A will be seeking to be included in the calculation of eligible metered heat (“the metered components”); and

(b)any relevant energy consumption by the components of plant A that are metered under this paragraph.

(3) Meters are positioned in accordance with this paragraph if one or more eligible meters are installed to record separately—

(a) the combined heat output of the metered components and any other plant (“plant B”);

(b)the heat output of plant B; and

(c)any relevant energy consumption by the metered components.

(4) Meters are positioned in accordance with this paragraph if one or more eligible meters are installed to record separately—

(a)the combined heat output of the metered components and plant B;

(b)any energy consumption by plant B; and

(c)any relevant energy consumption by the metered components.

(5) Meters are positioned in accordance with this paragraph if plant A is capable of providing heating as well as cooling and one or more eligible meters are installed to record sufficient information about plant A to enable the eligible metered heat generated by plant A to be determined.

(6) In this regulation, “relevant energy consumption” means consumption of energy which is not energy from—

(a)a liquid filled flat plate or evacuated tube solar collector; or

(b)a source other than heat from the air, water or the ground.

PART 3 Accreditation of plants

Accreditation applications_I17

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 [^F87eligible^F87] 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)^F88if 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; ...

(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[^F89 ; and

(h)where paragraph (2A) applies, a declaration that, to the best of the applicant’s knowledge and belief, one or more eligible electricity meters or on-board meters are installed in accordance with the requirements specified in regulation 5(2)^F89] .

[^F90 (2A) This paragraph applies where an accreditation application is made on or after the third relevant date in respect of a plant which is a heat pump and is—

(a)a replacement plant, with an RHI date on or after the third relevant date; or

(b)not a replacement plant.^F90]

(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)[^F91 Subject to [^F92 paragraphs (6) and (7)^F92] ,^F91][^F93 and regulation 2A(4)^F93] 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 20th May 2013; or

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

[^F94 (6)[^F95 Subject to paragraph (7), an^F95] accreditation application in relation to a cooker stove must be received by the Authority within 12 months of the first commissioning date for the plant or by 31st July 2015, whichever is later.^F94]

[^F96 (7) Where the first commissioning date for a plant is on or after 1st March 2019 [^F97 and before scheme closure^F97] , an accreditation application must be received by the Authority before midnight at the end of 31st March 2022.^F96]

Powers of the Authority when considering an accreditation application_I18

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_I19

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; or

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

Conditions of accreditation_I20

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

Accreditation_I21

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)^F98if the plant is a heat pump, the seasonal performance factor for the heat pump; ...

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

[^F99 (vii)where applicable, that RHI payments have been assigned to the NRI nominated by the participant pursuant to regulation 22E; and^F99]

(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.

[^F100 (4) Where there is an assignment, the notification and statements referred to in paragraph (1)(b) and (d) to (f), and paragraph (3), must also be provided to any NRI in respect of the plant.^F100]

Rejection of accreditation applications_I22

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[^F101 and any NRI in respect of the plant,^F101] that the application has been rejected, giving reasons.

[^F102 (4) Where paragraph (5) applies—

(a)the applicant may make a further accreditation application in relation to the plant mentioned in paragraph (5); and

(b)the accreditation application must be received by the Authority before midnight at the end of 31st March 2022.

(5) This paragraph applies where—

(a)the first commissioning date for a plant is on or after 1st March 2019; and

(b)before 1st April 2021, the Authority rejected an accreditation application in relation to that plant on the basis that the application was not received within 12 months of the first commissioning date for the plant.^F102]

[^F103PART 3A Investors

Investor applications

22A.—(1) An investor may apply to the Authority, on or after 27th June 2018 [^F105 and before midnight at the end of 30th June 2028^F105] , to be registered as an RI for the purposes of these Regulations.^F104]

(2) An application referred to in paragraph (1) (an “investor application”) must include—

(a)all of the information specified in Schedule 4A; and

(b)any other information from, or declarations by, the investor which the Authority may by notice request, to enable it to determine the investor application or to evaluate the operation of the domestic RHI scheme.

(3) In order to determine the investor application, the Authority may verify any information provided by the investor against any other information available to it.

Time limits for provision of information

22B. Where the Authority gives notice under regulation 22A(2)(b), the investor must comply with that request within 28 days of the notice.

Investor registration

22C.—(1) The Authority may make an investor registration subject to any conditions it considers to be appropriate.

(2) Subject to regulation 22D, where an investor application has, in the Authority’s opinion, been properly made, the Authority must—

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

(b)notify the investor—

(i)that the investor application has been successful;

(ii)of the date from which the investor is an RI;

(iii) of the investor’s unique reference issued by the Authority (the “Unique Registered Investor Reference”); and

(iv)of any conditions attached to the investor registration.

Rejection of investor applications

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

(a)the Authority is not satisfied that the investor application has been properly made;

(b)the Authority has reason to believe that the investor will not comply with one or more of the ongoing obligations applicable to RIs;

(c)the Authority has revoked an earlier investor registration in relation to that investor pursuant to regulation 59A; or

(d)subject to paragraph (2), information requested by the Authority is not provided within the time limit specified in regulation 22B.

(2) The Authority must not reject an investor application on the basis that information has not been provided in accordance with regulation 22B if—

(a)the investor 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 investor application it must notify the investor that the investor application has been rejected, giving reasons.

Nomination of an RI

22E.—(1) Subject to paragraph (2), where at the time of making an accreditation application—

(a)the applicant intends to enter into an assignment with an RI;

(b)the RI consents to the assignment;

(c)the applicant provides the Authority with the RI’s Unique Registered Investor Reference in accordance with paragraph 1(j) of Schedule 4;

(d)the RI is not under investigation pursuant to regulation 57A; and

(e)the RI’s investor registration has not been revoked pursuant to regulation 59A,

the RI is nominated by the applicant in respect of the plant for which the accreditation application is made.

(2) An RI who is an owner or a participant in relation to a plant, may not be nominated in relation to that plant.

(3) In these Regulations an NRI in relation to a plant means an RI—

(a)nominated in relation to that plant under paragraph (1); or

(b)to whom a transfer of NRI status in relation to that plant has been made under regulation 22F(5).

Transfer of NRI status

22F. —(1) This regulation applies where an NRI (“the current NRI”), the participant (“P”), or both of them, intend to transfer the current NRI’s status in relation to a plant to another RI (“ARI”).

(2) The current NRI, or P, must notify the Authority of the intended transfer and provide the Authority with the following—

(a)ARI’s Unique Registered Investor Reference;

(b) the date on which the intended transfer will take place (“the transfer date”), which must be at least 14 days after the date on which the Authority is notified of the intended transfer;

(c)confirmation that P, ARI and the current NRI consent to the intended transfer taking place on the transfer date.

(3) Where the Authority is notified of an intended transfer in accordance with paragraph (2)—

(a)it may require any of P, ARI, and the current NRI, to provide such other information as the Authority considers necessary to enable it to consider the intended transfer;

(b)no RHI payment may be made until the Authority has agreed, or not agreed, to the intended transfer in accordance with paragraph (5) or paragraph (6).

(4) P, ARI, and the current NRI (as the case may be) must comply with any request for information under paragraph (3)(a) within 28 days of the request or such later date as the Authority may specify.

(5) Where the Authority agrees to the intended transfer, within 21 days of that decision it must—

(a)notify P, ARI and the current NRI accordingly;

(b)update the central register;

(c)make payments to ARI in accordance with regulation 26(1)(b),

and ARI is deemed to be the NRI in relation to the plant from the transfer date.

(6) Where the Authority does not agree to the intended transfer, within 21 days of that decision it must notify P, ARI and the current NRI accordingly, giving reasons, and—

(a)specify any steps P, ARI or the current NRI may take to remedy any defect in the information provided to the Authority under paragraph (2) or (3); or

(b)resume payments to the current NRI in accordance with regulation 26(1)(b).

(7) Where a transfer of NRI status in relation to a plant is intended to occur on the same date as a change in ownership of that plant under regulation 48, references in this regulation to “P” are to be read as references to both P and the new owner. ^F103]

PART 4 Authorisation of metering arrangements

Authorisation applications_I23

23. —(1) Where the owner of a plant (“plant A”) is required by regulation 17(2)(e) or 46(4) to make an authorisation application, that application must be made in accordance with this regulation.

(2) An authorisation application in respect of plant A must not be made before an accreditation application is made for plant A.

(3) A person who makes an authorisation application must provide to the Authority—

(a)details of the metering arrangement;

(b) if eligible meters are positioned in accordance with paragraph (3) or (4) of regulation 15 or paragraph (3) or (4) of regulation 16, evidence from the certified installer who was responsible for, or checked, the installation of the meters explaining why the heat output from plant A cannot be metered separately from the heat output from another plant (“plant B”);

(c)if eligible meters are positioned in accordance with paragraph (4) of regulation 15 or paragraph (4) of regulation 16, evidence from the certified installer who was responsible for, or checked, the installation of the meters explaining why the heat output from plant B cannot be metered separately from the heat output from plant A;

(d)if eligible meters are positioned in accordance with paragraph (5) of regulation 16, evidence that plant A is a heat pump which is capable of providing heating as well as cooling; and

(e)any other information which the Authority may request in order to enable it to consider the authorisation application.

Powers of the Authority when considering an authorisation application_I24

24. The Authority may—

(a)arrange for a site inspection to be carried out by the Authority or its authorised agent;

(b)request that information about the meters be provided from a certified installer who was responsible for, or checked, the installation of the meters;

(c)if information is provided by the person making the authorisation application, request evidence that the accuracy of the information is verified by the certified installer who was responsible for, or checked, the installation of the meters.

Authorisation_I25

25.—(1) Where paragraph (2) applies, the Authority must—

(a)give authorisation for the metering arrangement; and

(b)notify the applicant[^F106 , and where there is an assignment the NRI,^F106] that the authorisation application has been successful.

(2) This paragraph applies if the Authority is satisfied that—

(a)all eligible meters located in accordance with the metering arrangement are positioned in accordance with the relevant paragraph of regulation 15 or 16;

(b)the requirements set out in paragraph (3) are met; and

(c)the requirements set out in paragraphs (4) to (6) are met as applicable.

(3) The requirements set out in this paragraph are that the location and type of eligible meters identified in the metering arrangement will or would if the plant (“plant A”) were given accreditation, enable sufficient information to be gathered for the Authority to calculate plant A’s eligible metered heat in a way that will not result in RHI payments which are materially greater than if eligible meters were installed in accordance with regulation 15(2) (for biomass plants) or 16(2) (for heat pumps).

(4) The requirements set out in this paragraph are that, if eligible meters are positioned in accordance with paragraph (3) or (4) of regulation 15 or paragraph (3) or (4) of regulation 16, the heat output from plant A cannot be metered separately from the heat output from another plant (“plant B”).

(5) The requirements set out in this paragraph are that, if eligible meters are installed in accordance with paragraph (4) of regulation 15 or paragraph (4) of regulation 16—

(a)eligible meters cannot be installed to record separately the heat output from plant B; and

(b)other measurements recorded by eligible meters can be used to calculate the heat output from plant A.

(6) The requirements set out in this paragraph are that, if eligible meters are installed in accordance with paragraph (5) of regulation 16, plant A is a heat pump which is capable of providing heating as well as cooling.

PART 5 RHI payments

Duty to make RHI payments_I26

26. [^F107 —(1) Subject to Parts 8 and 10, the Authority must make payments, referred to in these Regulations as “RHI payments”, to—

(a) a participant (“P”); or

(b)where there is an assignment, the NRI,

in respect of the heat generated by P’s accredited domestic plant.^F107]

(2) RHI payments accrue for seven years from the tariff start date.

(3) The Authority—

(a)must calculate the amount of RHI payments in accordance with regulation 27 or 28 and make RHI payments in arrears;

(b)may decide on the frequency of any RHI payments.

(4) Where—

(a)the Authority does not have all of the data it requires to calculate an RHI payment; and

(b)is unable to obtain any missing data under regulation 43(4), the Authority may estimate that data in order to make that calculation.

[^F108 (5) In regulations 27 and 28, where the RHI payment for an accredited domestic plant is calculated for a quarterly period which starts before the second relevant date and ends on or after the second relevant date, “applicable initial tariff or subsequent tariff” means, as the case may be—

(a)the initial tariff which applies to that plant on the second relevant date, as calculated in accordance with regulation 34; or

(b)the subsequent tariff which applies to that plant on the second relevant date, as calculated in accordance with regulation 37.^F108]

[^F109Investors and RHI payments

26A. In relation to an accredited domestic plant with a tariff start date on or after 27th June 2018, an investor may only receive RHI payments, directly or indirectly, if they are an NRI.^F109]

Calculation of RHI payments where metering is not required_I27

27. Subject to regulation 48(6)(b), where the Authority has not provided a metering statement for an accredited domestic plant, the RHI payment for that plant for any quarterly period is calculated in accordance with the following formula—

Calculation of RHI payments where heat generated by a plant must be metered_I28

28.—(1) Where the Authority has provided a metering statement for an accredited domestic plant, the RHI payment for that plant for any quarterly period is calculated in accordance with this regulation.

(2) Subject to paragraph (3), the RHI payment for a quarterly period is R, where R is calculated in accordance with the following formula—

(3) Where R is a figure which is less than 0, the RHI payment for the quarterly period is 0.

(4) Where in any quarterly period, R is a figure which is 0 or higher and the sum of that figure and AP is greater than MaxP, the RHI payment for the quarterly period is calculated in accordance with the following formula—

(5) In this regulation—

“AP” is the sum of all RHI payments payable for heat generated by the accredited domestic plant for the applicable period other than the RHI payment for that quarterly period;

“applicable period” means—

“MaxP” means the figure calculated in accordance with the following formula—

“PR” is the value of R for the accredited domestic plant for the quarterly period immediately preceding the period for which RHI payments are being calculated.

Calculation of deemed annual heat generation_I29

29. —(1) The amount of heat in kWh which an accredited domestic plant is deemed to generate every 12 months (the “deemed annual heat generation”) is calculated in accordance with this regulation.

[^F110 (2) If the accredited domestic plant is a biomass plant which provides space heating, but not heating for domestic hot water, to the RHI property, the deemed annual heat generation is—

(a)for an accredited domestic plant with a tariff start date before the second relevant date, the heat demand for space heating specified in the relevant EPC for that property; or

(b)for an accredited domestic plant with a tariff start date on or after the second relevant date, the lower of—

(i)the heat demand for space heating specified in the relevant EPC for that property; or

(ii)25,000 kWh.

(3) If the accredited domestic plant is a biomass plant which provides both space heating and domestic hot water heating to the RHI property, the deemed annual heat generation is—

(a)for an accredited domestic plant with a tariff start date before the second relevant date, the heat demand for space heating and water heating specified in the relevant EPC for that property; or

(b)for an accredited domestic plant with a tariff start date on or after the second relevant date, the lower of—

(i)the heat demand for space heating and water heating specified in the relevant EPC for that property; or

(ii)25,000 kWh.

(4) If the accredited domestic plant is a heat pump which provides space heating, but not heating for domestic hot water, to the RHI property, the deemed annual heat generation is—

(a)for an accredited domestic plant with a tariff start date before the second relevant date, calculated in accordance with the following formula—

(b)for an accredited domestic plant with a tariff start date on or after the second relevant date, the lower of—

(i)the result of the formula in sub-paragraph (a); or

(ii)the result of the following formula—

(5) If the accredited domestic plant is a heat pump which provides both space heating and domestic hot water heating to the RHI property, the deemed annual heat generation is—

(a)for an accredited domestic plant with a tariff start date before the second relevant date, calculated in accordance with the following formula—

(b)for an accredited domestic plant with a tariff start date on or after the second relevant date, the lower of—

(i)the result of the formula in sub-paragraph (a); or

(ii)the result of the following formula—

(6) If the accredited domestic plant is a solar thermal plant and its first commissioning date is on or after the relevant date, its deemed annual heat generation is the total heat generated by that plant on an annual basis calculated in [^F111 accordance with Issue 2.0 of the document entitled “MCS 024 Solar Thermal Domestic Hot Water Energy Calculator” published on 1st December 2021 or a subsequent version or issue of that document approved by the Secretary of State under regulation 2B(2) ^F111] .

(7) If the accredited domestic plant is a solar thermal plant and its first commissioning date is earlier than the relevant date, the deemed annual heat generation is the total heat which the Authority estimates, at the time it gives accreditation, that the accredited domestic plant will generate on an annual basis, having regard to any relevant information about the accredited domestic plant on the MCS register.

Calculation of eligible metered heat generated by biomass plants_I30

30.—(1) The eligible metered heat in kWh for an accredited domestic plant which is a biomass plant for any quarterly period is calculated in accordance with the following formula—

(2) A is—

(a)1 if the accredited domestic plant is a biomass boiler; or

(b)1.2 if the accredited domestic plant is a biomass stove.

(3) Subject to paragraph (4), B is the heat in kWh recorded by eligible meters positioned in accordance with regulation 15 generated by—

(a)the accredited domestic plant; or

(b)the accredited domestic plant and any additional plants if the heat generated by the accredited domestic plant is recorded together with the heat generated by such additional plants.

(4) Where any heat referred to in paragraph (3) is recorded at the point where it leaves a domestic hot water cylinder, the heat recorded at that point is multiplied by 1.43 before being included (with the heat recorded at any other point) in B.

(5) C is—

(a)subject to paragraph (6), the heat in kWh generated by any additional plants included in B if the relevant metering statement specifies that eligible meters must be positioned in accordance with regulation 15(3); or

(b)0 in any other case.

(6) Where any heat generated by any additional plants included in B is generated by an air source heat pump for the purposes of defrosting, all heat generated by that air source heat pump is multiplied by 0.97 before being included in C.

(7) D is—

(a)the electricity consumption in kWh by any additional plants if the relevant metering statement specifies that eligible meters must be positioned in accordance with regulation 15(4); or

(b)0 in any other case.

(8) E is—

(a)if B includes heat generated by any additional plants which use a fuel when generating heat, the energy content of that fuel in kWh if the relevant metering statement specifies that eligible meters must be positioned in accordance with regulation 15(4); or

(b)0 in any other case.

(9) In this regulation, “relevant metering statement” means the metering statement for the accredited domestic plant.

Calculation of eligible metered heat generated by heat pumps_I31

31.—(1) Subject to paragraph (10), the eligible metered heat in kWh for an accredited domestic plant which is a heat pump for any quarterly period is calculated in accordance with the following formula—

(2) A is—

(a)0.97 if any of the heat referred to in paragraph (3) is generated by an accredited domestic plant which is an air source heat pump for the purposes of defrosting; or

(b)1 in any other case.

(3) Subject to paragraph (4), B is the heat in kWh recorded by eligible meters positioned in accordance with regulation 16 generated by—

(a)the components of the accredited domestic plant specified in the metering statement as being included in this calculation; or

(b)the components referred to in sub-paragraph (a) and any additional plants if the heat generated by the accredited domestic plant is recorded together with the heat generated by such additional plants.

(4) Where any of the heat referred to in paragraph (3) is recorded at the point where it leaves a domestic hot water cylinder, the heat recorded at that point is multiplied by 1.43 before being included (with the heat recorded at any other point) in B.

(5) C is—

(a)subject to paragraph (6), the heat in kWh generated by any additional plants included in B if the relevant metering statement specifies that eligible meters must be installed in accordance with regulation 16(3), or if it specifies that eligible meters must be installed in accordance with regulation 16(5) and the authorised metering arrangement provides for eligible meters to be located to record such heat; or

(b)0 in any other case.

(6) Where any heat generated by any additional plants included in B is generated by an air source heat pump for the purposes of defrosting, all heat generated by that air source heat pump is multiplied by 0.97 before being included in C.

(7) D is—

(a)the energy content in kWh of any fuel which is used by the accredited domestic plant or any additional plants when generating the heat included in B if the relevant metering statement specifies that eligible meters must be installed in accordance with—

(i)regulation 16(4); or

(ii)regulation 16(5) and the authorised metering arrangement provides for eligible meters to be located to record such relevant energy consumption; or

(b)0 in any other case.

(8) E is—

(a)subject to paragraph (9), the electricity consumption in kWh by the accredited domestic plant and any additional plants used to generate the heat referred to in paragraph (3) if the relevant metering statement specifies that eligible meters must be installed in accordance with—

(i)regulation 16(2), (3) or (4); or

(ii)regulation 16(5) and the authorised metering arrangement provides for eligible meters to be located to record such relevant energy consumption; or

(b)0 in any other case.

(9) Any electricity consumed when providing cooling is excluded from the electricity consumption referred to in paragraph (8)(a) before that consumption is included in E if—

(a)the relevant metering statement states that eligible meters must be installed in accordance with regulation 16(5); and

(b)the authorised metering arrangement provides for eligible meters to be located to record—

(i)electricity consumption by the accredited domestic plant while the plant is providing cooling to the RHI property separately from any other electricity consumption; or

(ii)sufficient information about the accredited domestic plant to enable the electricity consumption when providing cooling to be determined.

(10) Where the plant is a ground source heat pump, its eligible metered heat is the heat extracted from the ground (including water in the ground), surface water or both if—

(a)the relevant metering statement states that eligible meters must be installed in accordance with regulation 16(5); and

(b)the authorised metering arrangement provides for eligible meters to be located to record such heat.

(11) In this regulation—

“relevant energy consumption” has the same meaning as in regulation 16; and

“relevant metering statement” means the metering statement for the accredited domestic plant.

Calculation of grant funding deduction_I32

32.—(1) The grant funding deduction for an accredited domestic plant for any quarterly period is—

(a)if none of the plant’s purchase or installation costs are funded by a grant from public funds, 0;

(b)if some or all of the plant’s purchase or installation costs are funded by a grant from public funds, calculated in accordance with the following formula—

(2) For the purposes of paragraph (1)(b), A is—

(a)for the quarterly period commencing on the tariff start date, the figure that the Authority believes represents the total value of any grants from public funds which were received by the participant or any other owner, or former owner, of the accredited domestic plant for the costs of the purchase or installation of the accredited domestic plant;

(b)for any subsequent quarterly period that—

(i)does not include 1st April of any calendar year, the value of A in the previous quarterly period; or

[^F112 (ii)includes 1st April of any calendar year, the value of A in the previous quarterly period adjusted by the percentage increase or decrease, for the calendar year ending on 31st December immediately preceding that 1st April, in—

(aa)the retail prices index, if the tariff start date is earlier than 1st April 2016; or

(bb)the consumer prices index, if the tariff start date is on or after 1st April 2016,

the resulting figure being stated to two decimal places and rounded.^F112]

PART 6 Calculation of tariffs and cost control

Duty to calculate and publish tariffs_I33

33.[^F113—(A1) The requirement in paragraph (1)(a) does not apply after scheme closure.^F113]

(1) The Authority must calculate in accordance with this Part and publish on its website, by the dates specified in paragraphs (2) and (3), tables specifying in relation to each tariff category—

(a)the initial tariffs for accredited domestic plants with a tariff start date in the tariff period immediately following the date on which the table is published; and

(b)the subsequent tariffs for accredited domestic plants for the financial year which commences on or after the date on which the table is published.

(2) The tables of initial tariffs must be published by 15th September 2014 and 15th December 2014, and in each subsequent calendar year by 15th March, 15th June, 15th September and 15th December.

(3) The tables of subsequent tariffs must be published by—

(a)1st April 2014, but only where the relevant date is earlier than that date; and

(b)1st April 2015 and 1st April of each subsequent calendar year.

Calculation of initial tariffs_I34

34.—(1) The initial tariff for an accredited domestic plant is calculated in accordance with this regulation.

(2) Where the first commissioning date for the accredited domestic plant is earlier than the relevant date or its tariff start date is earlier than 1st October 2014, the initial tariff is the tariff for the plant’s tariff category set out in Schedule 5.

[^F114 (2A) Where—

(a)the tariff start date for the plant is on or after 1st April 2017 but before the second relevant date, the initial tariff for the period commencing on the second relevant date and ending on 31st March 2018 is the tariff for the plant’s tariff category set out in Schedule 5A; and

(b)the tariff start date for the plant is on or after the second relevant date but before 1st January 2018, the initial tariff for the initial tariff period is the tariff for the plant’s tariff category set out in Schedule 5A.^F114]

(3)[^F115 In any case not falling within paragraph (2) or (2A)^F115] , the initial tariff[^F116 for the initial tariff period^F116] is calculated in accordance with the following formula—

Calculation of initial tariffs: calculation of A_I35

35.—(1) This regulation provides for the calculation of A for the purposes of regulation 34(3)(a).

(2) If the accredited domestic plant’s tariff start date is in a tariff period commencing on—

(a) 1st October 2014, A is the tariff for the tariff category for the accredited domestic plant (“the relevant tariff category”) set out in Schedule 5;

[^F119 (b) 1st January, 1st July or 1st October (other than 1st October 2014), A is the initial tariff that would have been applicable if the tariff start date had fallen on the day immediately preceding the commencement of that tariff period (“the previous tariff”);

(c)1st April, A is the previous tariff adjusted by the percentage increase or decrease, for the year ending on 31st December immediately preceding the year in which that tariff period falls, in—

(i)the retail prices index, if the tariff period commences on 1st April 2015 or 1st April 2016; or

(ii)the consumer prices index, if the tariff period commences on 1st April of any subsequent calendar year,

the resulting figure being stated to two decimal places and rounded.^F119]

Calculation of initial tariffs: calculation of B_I36

36.—(1) This regulation provides for the calculation of B for the purposes of regulation 34(3)(b).

[^F120 (2) Save where paragraphs (3) or (4) apply, B is 1.

(3) B is 0.9 if, on the relevant assessment date—

(a)the expenditure threshold and the growth threshold are exceeded; and

(b)either the super growth threshold or the super expenditure threshold is exceeded (but not both).

(4) B is 0.8 if, on the relevant assessment date—

(a)the super expenditure threshold is exceeded; and

(b)the super growth threshold is exceeded.^F120]

(5) In this regulation—

(a)the expenditure threshold is exceeded on an assessment date if the forecast for expenditure for the relevant tariff category in relation to that date exceeds the figure specified for that tariff category and assessment date in the second column of the table in the relevant Part of Schedule 6;

(b)the growth threshold is exceeded on an assessment date if the increase in expenditure forecast for the relevant tariff category in relation to that date exceeds the figure specified in relation to that tariff category and date in the third column of the table in the relevant Part of Schedule 6;

(c)the super expenditure threshold is exceeded on an assessment date if the forecast for expenditure for the relevant tariff category in relation to that date exceeds the figure specified in relation to that date in the fourth column of the table in the relevant Part of Schedule 6;

(d)the super growth threshold is exceeded on an assessment date if the increase in expenditure forecast for the relevant tariff category in relation to that date exceeds the figure specified in relation to that tariff category and date in the fifth column of the table in the relevant Part of Schedule 6;

^F121(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the purposes of this regulation—

“relevant assessment date” means the assessment date immediately preceding the commencement of the relevant tariff period;

“relevant tariff category” means the tariff category for the accredited domestic plant; and

“relevant tariff period” means the tariff period that the tariff start date for the accredited domestic plant is in.

[^F122Calculation of subsequent tariffs _I37

37.—(1) The subsequent tariff for an accredited domestic plant is calculated in accordance with this regulation.

(2) Save as provided in paragraph (3), the subsequent tariff for a financial year is the tariff applicable to the accredited domestic plant immediately prior to the end of the previous financial year, adjusted by the percentage increase or decrease in the relevant measure of inflation for the year ending on 31st December immediately preceding the commencement of the financial year to which the subsequent tariff relates, the resulting figure being stated to two decimal places and rounded.

(3) Where—

(a)the accredited domestic plant is a biomass plant or heat pump; and

(b)the tariff start date for that plant is on or after 14th December 2016 but before 1st April 2017,

the subsequent tariff for the period commencing on the second relevant date and ending on 31st March 2018 is the tariff for the plant’s tariff category set out in Schedule 5A.

(4) In this regulation, “relevant measure of inflation” means—

(a)the retail prices index, if the tariff start date is earlier than 1st April 2016; or

(b)the consumer prices index, if the tariff start date is on or after 1st April 2016.^F122]

Expenditure forecast statement and tariff change notice_I38

38.[^F123—(A1) The requirement in paragraph (1) does not apply after scheme closure.^F123]

(1) The Secretary of State must publish on the GOV.UK website a statement (an “expenditure forecast statement”) in accordance with this regulation.

(2) For that purpose, the Secretary of State must determine as at the latest assessment date—

(a)for each tariff category, the forecast for expenditure in relation to the relevant plants that are in that tariff category; and

(b)the increase in expenditure forecast in relation to each tariff category.

(3) An expenditure forecast statement must set out, as at the latest assessment date—

(a)each of the forecasts for expenditure referred to in paragraph (2)(a); and

(b)each of the increase in expenditure forecasts referred to in paragraph (2)(b).

(4) Paragraph (5) applies to a tariff where—

(a) the tariff is the initial tariff for accredited domestic plants with a tariff start date in the tariff period immediately following the publication of the expenditure forecast statement (“tariff period A”);

(b)the tariff differs from the initial tariff for plants in the same tariff category with a tariff start date in the tariff period immediately preceding tariff period A; and

(c)the reason for that difference is not solely due to an increase or decrease in the retail prices index[^F124 or consumer prices index^F124] .

(5) Where this paragraph applies, the Secretary of State must also publish with the expenditure forecast statement a notice (“the tariff change notice”) setting out that tariff and identifying the tariff period and tariff category to which it relates.

(6) The expenditure forecast statement, and if applicable the tariff change notice, must be published by 1st September 2014 and 1st December 2014 and subsequently by 1st March, 1st June, 1st September and 1st December in each calendar year.

(7) In this regulation—

“estimated spend”, in relation to a relevant plant and an assessment date, means [^F125 the higher of 0 or the product of the calculation ^F125] —

“forecast for expenditure” means the sum of the estimated spend at an assessment date for each relevant plant which is in a tariff category;

“increase in expenditure forecast” means the difference between the forecast for expenditure for a tariff category—

“relevant plant” means a plant for which the first commissioning date is on or after the relevant date and where the plant is—

PART 7 Ongoing obligations for participants

Ongoing obligations: general_I39

39. A participant (“P”) must comply with the following ongoing obligations, as applicable—

(a)if the accredited domestic plant is a biomass plant, upon a request by the Authority P must provide to the Authority evidence as to the type of fuel purchased and used in that plant for any period specified in the request during which P was a participant;

(b)P must not receive any grant from public funds for any of the costs of the purchase or installation of the accredited domestic plant other than any grant which was notified to the Authority when the accreditation application was made;

(c)P must ensure that the accredited domestic plant continues to meet the eligibility criteria;

(d)P must comply with any condition attached to P’s accreditation;

(e)P must keep the accredited domestic plant in good working order;

(f)if P is not the owner of the RHI property, P must provide a copy of any notification under regulation 40(1)(i) or 40(1)(j) to the owner or owners of that property;

(g)P must repay any overpayment in accordance with any notice served [^F129on P^F129] under regulation 60;

(h)P must not move the accredited domestic plant to a new location;

(i)P must comply with such other administrative requirements that the Authority may specify in relation to the effective administration of the domestic RHI scheme;

(j)on receipt of a request for access under regulation 56 or regulation 63(3)(b), P must—

(i)allow the Secretary of State, the Authority or the Authority’s authorised agent, as applicable, access to the RHI property[^F130 and any related property^F130] to carry out any of the activities described in those regulations; and

(ii)offer reasonable cooperation to that person;

(k)P must comply with any other requests by the Secretary of State under regulation 63(3)(c);

(l)^F132if P does not live in the RHI property P must have, at all times, agreement from all occupants of [^F131the RHI property and any related property^F131] that those occupants will allow the Secretary of State, the Authority or the Authority’s authorised agent reasonable access in the event of a request under regulation 56 or regulation 63(3)(b) and will co-operate with such a request; ...

(m)P must not seek accreditation under the Renewable Heat Incentive Scheme Regulations 2011 for an accredited domestic plant, or any other plant which provides heat to the same RHI property as an accredited domestic plant[^F133 ; and

(n)in relation to an accredited domestic plant with a tariff start date on or after 27th June 2018, P must ensure that RHI payments are not made to an investor, directly or indirectly, unless the investor is an NRI.^F133]

Ongoing obligations: changes affecting accredited domestic plants_I40

40. —(1) A participant (“P”) must notify the Authority if, at any time in the tariff lifetime—

(a)P becomes aware that any of the information provided in support of the accreditation application for P’s accredited domestic plant is incorrect;

(b)the accredited domestic plant no longer generates heat for the RHI property;

[^F134 (ba)any repair work is carried out on the accredited domestic plant;^F134]

(c)a replacement plant is installed which generates heat for the RHI property;

[^F135 (ca)any part of the accredited domestic plant is replaced during repair work;^F135]

(d)any other plant is installed which generates heat for the RHI property;

(e)the RHI property is occupied for less than 183 days in any 12 month period after the RHI date for the plant, unless the Authority has provided a metering statement for the plant;

(f)the accredited domestic plant no longer provides heat for an eligible purpose;

(g)P becomes aware that P will not be able to comply with an ongoing obligation;

(h)P ceases to comply with an ongoing obligation;

(i)P, or another owner of the accredited domestic plant, intends to transfer ownership of all or part of the accredited domestic plant within 28 days;

(j)any change in ownership of all or part of the accredited domestic plant has taken effect;

(k)^F136there is any other change in circumstances which may affect P’s eligibility to receive RHI payments; ...

(l)any meter which is required under a metering statement for the accredited domestic plant is moved, is replaced, is reset or ceases to operate, be in good working order or be an eligible meter, or any eligible meters are added or removed [^F137; or

(m)where there is an assignment, there is a change in the terms of the contract referred to in paragraph 1(j) of Schedule 4^F137] .

(2) A notification under this regulation must be made within 28 days of P becoming aware of the circumstances to which the notification relates.

Ongoing obligations: annual declarations_I41

41. A participant (“P”) must submit a declaration each year to the Authority, at such time and in such form as the Authority may request, confirming—

(a)that P continues to own the accredited domestic plant;

(b)that, to the best of P’s knowledge and belief, no owner or previous owner of the accredited domestic plant has received—

(i)any grant from public funds for the cost of the purchase or installation of the accredited domestic plant other than any grant which was notified to the Authority before the accreditation application was determined; or

(ii)funding from any other source (other than under a loan or a Green Deal Plan for which an owner is liable to make, or has made, payments) which reimbursed all of the costs incurred by P, any other owner or any previous owner for the cost of the purchase or installation of the accredited domestic plant;

(c)that the accredited domestic plant is in good working [^F138order, no repair work has been carried out in relation to the plant, no part of the plant has been replaced and the plant^F138] has not been replaced with another plant, unless P has notified the [^F139Authority under regulation 40(1) of the repair work, the replacement of part of the plant during the repair work, or the installation of a replacement plant^F139] ;

(d)the number of days on which the RHI property was occupied in the 12 month period ending on the date the declaration is given and the number of days on which P expects the property to be occupied in the next 12 months;

[^F140 (da)a change in the level of occupancy if—

(i)the number of days the RHI property was occupied in the 12 month period ending on the date the declaration is given was less than 183 days;

(ii)this level of occupancy has not previously been notified to the Authority under regulation 40 or this regulation; and

(iii)the Authority has not provided a metering statement for the plant;^F140]

(e)if P does not live in the RHI property, that all occupants of the property have agreed to permit access to the property by the Authority, the Secretary of State or the Authority’s authorised agent for the purposes of carrying out any function under these Regulations;

(f)^F141where the Authority has provided a metering statement for the accredited domestic plant, that each eligible meter which is required under that statement is in good working order; ...

[^F142 (g)where the accredited domestic plant is a biomass plant—

[^F143 (i)that all solid biomass used in that plant on or after 5th October 2015 was—

(aa)an approved sustainable fuel at the time when it was received by the participant; or

(bb)a fuel in respect of which the Secretary of State has made a declaration under regulation 36E(5) of the Renewable Heat Incentive Scheme Regulations 2011 or regulation 51(5) of the Renewable Heat Incentive Scheme Regulations 2018; and^F143]

(ii)the authorisation number or other means of identification allocated to that fuel by the scheme under which, at the time it was received by the participant, that fuel was listed^F142][^F144 ;

(h)where the accredited domestic plant is a heat pump for which the RHI date is on or after the third relevant date, the plant continues to meet the requirements under regulation 5(2); ^F145...

(i)where there is an assignment, that the contract referred to in paragraph 1(j) of Schedule 4 is still in force and its terms are being adhered to, or any change to the terms of that [^F146 contract; and^F146,F144]]

[^F147 (j)any other matter relating to the participant’s compliance with an ongoing obligation which the Authority may request.^F147]

Ongoing obligations: emissions from biomass_I42

42. Where an accredited domestic plant is a biomass plant to which an RHI emission certificate applies, a participant must—

(a)use fuel of a type specified in the RHI emission certificate;

(b)use fuel with a moisture content which is no greater than the maximum moisture content specified in the RHI emission certificate; and

(c)operate the plant in accordance with the manufacturer’s instructions for that plant in relation to the control of emissions of PM and NOx.

[^F148 42A.—(1) A participant who uses solid biomass in an accredited domestic plant on or after 5th October 2015 must only use solid biomass which meets the requirement in paragraph (2) in that plant.

(2) The requirement in this paragraph is that—

(a)the solid biomass was, at the time when it was received by the participant, an approved sustainable fuel; or

(b)the Secretary of State has made a declaration under regulation 36E(5) of the Renewable Heat Incentive Scheme Regulations 2011 [^F149 or regulation 51(5) of the Renewable Heat Incentive Scheme Regulations 2018^F149] in respect of that solid biomass.^F148]

Ongoing obligations: metering_I43

43. —(1) This regulation applies to a participant (“P”) where the Authority has provided a metering statement for an accredited domestic plant.

(2) P must ensure that—

(a)the heat generated by the plant is metered from the date on which the Authority provides the metering statement until the tariff end date;

(b)eligible meters are positioned in accordance with the paragraph of regulation 15 or 16 specified in the metering statement; and

(c)if the Authority has authorised a metering arrangement, each eligible meter identified in that arrangement is located as identified in that arrangement.

(3) P must keep each eligible meter which is required under a metering statement for the accredited domestic plant—

(a)in good working order; and

(b)positioned in accordance with the paragraph of regulation 15 or 16 specified in the metering statement.

(4) The Authority may request that P provide meter readings and other data from all eligible meters required by these Regulations.

(5) Any meter readings or other data requested under paragraph (4) must be provided by P—

(a)in such form as the Authority may request; and

(b)by the date (if any) specified by the Authority or at such regular intervals as the Authority may request to enable it to discharge its functions under these Regulations.

(6) Nothing in this regulation prevents the Authority from accepting further data from a participant, if the Authority considers it appropriate to do so.

[^F150Exemption from requirement for metering

43A.—(1) This regulation applies where the Authority—

(a)has not provided a metering statement for an accredited domestic plant at an RHI property; and

(b)is notified by a participant under regulation 40 or 41 that the property is or has been occupied for less than 183 days in a 12 month period.

(2) The Authority must—

(a)request that the participant provide such of the information specified in Schedule 4 and any declarations the Authority considers necessary for the proper administration of the domestic RHI scheme;

(b)when making that request, notify the participant that if the participant wishes to request an exemption for that 12 month period, the participant must, within 28 days of receiving the request for information—

(i)send the Authority a written request for an exemption; and

(ii)provide evidence of exceptional circumstances to support the request for the exemption; and

(c)request that the participant provide any further information the Authority considers necessary to determine whether or not to grant the exemption.

(3) The Authority must, after considering evidence of exceptional circumstances and any further information provided by the participant—

(a)determine whether or not an exemption for that 12 month period should be granted; and

(b)notify the participant of its decision, giving reasons.

(4) The Authority must publish guidance specifying the circumstances which constitute exceptional circumstances for the purpose of this regulation.

(5) Where this regulation applies, no RHI payment may be made for the accredited domestic plant until—

(a)the Authority notifies the participant under paragraph (3)(b) that an exemption is granted; or

(b)if an exemption is not requested or is not granted, the Authority has provided the participant and, where there is an assignment, the NRI with a metering statement under regulation 46(5).

(6) In this regulation, “ exemption ” means exemption from the requirement for heat generated by an accredited domestic plant to be metered because the property was occupied for less than 183 days in a 12 month period. ^F150]

Ongoing obligations: provision of information_I44

44. —(1) A participant (“P”) must provide to the Authority on request any information which P holds and which the Authority requires in order to discharge its functions under these Regulations.

(2) P must retain a copy of—

(a)any information relied on when making any accreditation application or, if P did not make that application, given to P by the person who made the application; and

(b)any other evidence which verifies that the accredited domestic plant meets the eligibility criteria and that P is continuing to comply with the ongoing obligations,

whether or not copies of that documentation have been supplied to the Authority.

(3) P must comply with any request for information under paragraph (1) within 28 days of the request or such later date as the Authority may specify.

[^F151PART 7A Ongoing obligations on RIs

Ongoing obligations on RIs: general

44A.—(1) An RI—

(a)must not receive any grant from public funds for any of the cost of the purchase or installation of the accredited domestic plant for which they are the NRI, other than any grant which was notified to the Authority when the accreditation application was made;

(b)must maintain membership of a code of practice and comply with the terms of that code of practice;

(c)must comply with any condition attached to their investor registration;

(d)must comply with such other administrative requirements as the Authority may specify in relation to the effective administration of the domestic RHI scheme;

(e)where RI is an NRI, must notify the Authority if they intend to amend any contract referred to in paragraph 1(g) of Schedule 4A, or to enter into a new form of such a contract;

(f)if RI becomes aware that a plant in relation to which they are the NRI is not in good working order, must ensure that the Authority is notified accordingly;

(g)if RI becomes aware that a plant in relation to which they are the NRI is going to be, or has been, replaced, must ensure that the Authority is notified accordingly;

(h)if RI becomes aware that there is a material change in circumstances of a participant in relation to a plant for which RI is the NRI, and which may affect whether that plant should be metered under regulation 13, must ensure the authority is notified accordingly; and

(i)must repay any overpayment in accordance with any notice served on them under regulation 60.

(2) A notification under any of sub-paragraphs (e) to (h) of paragraph (1) must be made within 28 days of the RI becoming aware of the circumstances to which the notification relates.

Ongoing obligations on RIs: changes affecting RI’s registration

44B.—(1) An RI must notify the Authority if, at any time—

(a)RI becomes aware that any of the information provided by RI in support of RI’s investor application is incorrect;

(b)RI becomes aware that RI will not be able to comply with an ongoing obligation;

(c)RI ceases to comply with an ongoing obligation; or

(d)where there is an assignment, there is any other change in circumstances which may affect RI’s eligibility to receive RHI payments.

(2) A notification under this regulation must be made within 28 days of the RI becoming aware of the circumstances to which the notification relates.

Ongoing obligations on RIs: annual declarations

44C. RI must submit a declaration each year to the Authority, at such time and in such form as the Authority may request, confirming—

(a)that, to the best of RI’s knowledge and belief, no RI or previous RI in relation to an accredited domestic plant for which RI is the NRI has received—

(i)any grant from public funds for the cost of the purchase or installation of the accredited domestic plant other than any grant which was notified to the Authority before the accreditation application was determined;

(ii)funding from any other source (other than under a loan or a Green Deal Plan for which an owner is liable to make, or has made, payments) which reimbursed all of the costs incurred by RI, any owner or any previous owner for the cost of the purchase or installation of the accredited domestic plant;

(b)that RI remains a member of a code of practice and is in compliance with the terms of that code of practice;

(c)that RI does not own all or part of any accredited domestic plant or formerly accredited domestic plant for which RI is the NRI;

(d)where RI is an NRI, that any contract referred to in paragraph 1(j) of Schedule 4 is still in force and its terms are being adhered to, or notification of any change to the terms of that contract; and

(e)where RI is an NRI, that RI’s NRI status in relation to any accredited domestic plant has not been transferred to or from RI, other than in accordance with regulation 22F.

Ongoing obligations on RI: provision of information

44D.—(1) RI must provide the Authority on request any information which RI holds and which the Authority requires in order to discharge its functions under these Regulations.

(2) RI must retain a copy of—

(a)any information relied on when making any investor application; and

(b)any other evidence which verifies that RI is continuing to comply with the ongoing obligations to which RI is subject,

whether or not copies of that documentation have been supplied to the Authority.

(3) RI must comply with any request for information under paragraph (1) within 28 days of the request or such later date as the Authority may specify.^F151]

PART 8 Changes affecting accredited domestic plants

Review of accreditation [^F152or investor registration^F152] following notification of a change in circumstances_I45

45.—(1) This regulation applies where the Authority receives a notification under regulation 40 [^F153or regulation 44B,^F153] and regulations [^F15422F,^F154][^F155 43A,^F155] 47 and 48 do not apply.

(2) Where this regulation applies, subject to regulation 46(2)(b), no RHI payment may be made for the accredited domestic plant until the requirements set out in paragraph (4) are met.

(3) On receipt of [^F156a notification under regulation 40^F156] , the Authority may—

(a)require the participant to provide such of the information specified in Schedule 4 and any declarations the Authority considers necessary for the proper administration of the domestic RHI scheme; and

(b)review the accreditation of the accredited domestic plant to ensure that it continues to meet the eligibility criteria.

[^F157 (3A) On receipt of a notification under regulation 44B, the Authority may—

(a)require RI to provide such of the information specified in Schedule 4A and any information or declarations the Authority considers necessary for the proper administration of the domestic RHI scheme; and

(b)review RI’s investor registration to ensure RI continues to meet the ongoing obligations to which RI is subject.^F157]

[^F158 (4) The requirements referred to in paragraph (2) are that—

(a)in the case of a notification under regulation 40, the Authority has notified the participant and, where applicable, NRI that—

(i)it is satisfied that the matters to which the notification relates are such that it is unnecessary to review the accreditation of the plant; or

(ii)it has carried out a review and is satisfied that the plant may continue to be an accredited domestic plant; or

(b)in the case of a notification under regulation 44B, the Authority has notified NRI in relation to that plant, that—

(i)it is satisfied that the matters to which the notification relates are such that it is unnecessary to review RI’s investor registration; or

(ii)it has carried out a review and is satisfied that RI may continue to be an RI.^F158]

(5) Following a notification under paragraph (4) the Authority must resume payment of RHI payments in accordance with these Regulations.

Changes affecting whether accredited domestic plants must be metered_I46

46.—(1)[^F159 Subject to paragraphs (1B) and (1C) and regulation 2A(3) and (4), this^F159] regulation applies where—

(a)a metering statement has not been provided for an accredited domestic plant;

(b)the Authority has reviewed the accreditation of an accredited domestic plant under regulation 45 or has carried out an investigation under Part 10; and

(c)the Authority considers that, were an accreditation application made in respect of the accredited domestic plant on the date on which the Authority concluded its review or investigation, regulation 13 would require the heat generated by the plant to be metered.

[^F160 (1A) For the purposes of paragraph (1)(c), the exception for eligible new-build properties in regulation 13(4A) does not apply.^F160]

[^F161 (1B) This regulation does not apply in relation to an accredited domestic plant if—

(a) regulation 43A applies; and

(b) the Authority grants an exemption under that regulation in relation to the plant.

(1C) Paragraphs (2) to (6) of this regulation apply in relation to an accredited domestic plant if—

(a) regulation 43A applies; and

(b) the Authority does not grant an exemption under that regulation in relation to the plant.^F161]

(2) Where this regulation applies—

(a)the heat generated by the plant must be metered; and

(b)no RHI payment may be made for the accredited domestic plant until the Authority has provided the participant[^F162 and, where there is an assignment, the NRI^F162] with a metering statement under paragraph (5).

(3) The Authority may require the participant to provide a statement from a certified installer who was responsible for, or checked, the installation of any meters installed in respect of the plant—

(a)confirming that each eligible meter is installed in accordance with the metering requirements; and

(b)stating whether the 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.

(4) If eligible meters are positioned in accordance with paragraph (3) or (4) of regulation 15 or paragraph (3), (4) or (5) of regulation 16, the participant must make an authorisation application.

(5) The Authority must provide the participant[^F163 and, where there is an assignment, the NRI^F163] with a metering statement if it—

(a)is satisfied that the requirements in regulation 14 are met; and

(b)has given authorisation, if applicable.

(6) RHI payments for the accredited domestic plant are calculated in accordance with—

[^F164 (a)regulation 27 for the period commencing on the tariff start date and ending on the date on which the Authority—

(i)received the notification under regulation 40;

(ii)received the notification under regulation 44B where there is an assignment; or

(iii)commenced its investigation under Part 10;^F164]

(b)regulation 28 for the period commencing on the date on which the Authority provides the participant[^F165 and, where there is an assignment, the NRI^F165] with a metering statement and ending on the tariff end date.

(7) No RHI payments are payable for the period commencing on the day after the date on which the Authority received the notification under regulation 40 [^F166or regulation 44B^F166] which led to the review under that regulation, or commenced its investigation under Part 10, and ending on the day before the date on which the Authority provides the participant[^F167 and, where there is an assignment, the NRI^F167] with a metering statement.

Replacement plants_I47

47.[^F168—(1)^F168][^F169 Subject to regulation 2A(4), where^F169] a replacement plant is installed—

(a)an accreditation application for that plant may be made by the owner of the replacement plant if that person is a participant in relation to the original plant; and

(b)no RHI payments are payable for the period commencing on the date on which the original plant ceased to provide heat to the [^F170eligible^F170] property and ending on the day before the date on which the Authority received the accreditation application for the replacement plant.

[^F171 (2) Where the date on which the original plant ceased to provide heat to the eligible property (“cessation date”) falls after 31st December 2028, no RHI payments are payable on or after the cessation date in respect of a replacement plant. ^F171]

[^F172Replacement parts

47A.—(1) A replacement part must use the same source of energy as the original part.

(2) In this regulation, “ replacement part ” means any part of an accredited domestic plant which—

(a)uses a source of energy; and

(b)is replaced during repair work.^F172]

Changes in ownership of accredited domestic plants_I48

48. —(1) This regulation applies where a participant transfers ownership of all or part of an accredited domestic plant to another person (“the new owner”).

(2) Once the Authority becomes aware of the transfer of ownership, no RHI payment may be made until—

(a)^F173the new owner has notified the Authority of the change in ownership and has confirmed, if the plant is owned by more than one person, that they have the authority from all owners to be the new participant; ...

[^F174 (aa)where there is an assignment, the new owner has notified the Authority that the NRI in relation to the plant remains the same, or has notified the Authority of the intended transfer of NRI status in accordance with regulation 22F; and^F174]

(b)the Authority has taken the steps set out in paragraph (5).

(3) On receipt of a notification under paragraph (2), the Authority may—

(a)^F175require the new owner to provide such of the information specified in Schedule 4 and any declarations as the Authority considers necessary for the proper administration of the domestic RHI scheme; ...

[^F176 (aa)where there is an assignment, require the NRI in relation to the plant to provide such information as the Authority considers necessary for the proper administration of the domestic RHI scheme; and^F176]

(b)review the accreditation of the accredited domestic plant to ensure that it continues to meet the eligibility criteria.

(4) In carrying out the review referred to in paragraph (3)(b) the Authority may, in order to satisfy itself that the accredited domestic plant continues to meet the eligibility criteria, take any of the steps set out in regulation 18.

(5) Where the Authority is satisfied that the accredited domestic plant continues to meet the eligibility criteria or has decided not to carry out a review it must—

(a)update the central register; and

(b)send the new owner[^F177 , and where applicable the NRI,^F177] a statement of eligibility setting out the information specified in regulation 21(1)(e).

(6) If the Authority becomes aware of the transfer of ownership and, within a period of 12 months from the transfer of ownership of the accredited domestic plant taking effect,—

(a)no notification is made by the new owner in accordance with paragraph (2)(a) [^F178or (aa), if required^F178] ; or

(b)any information required under paragraph (3)(a) is not provided to the Authority,

the plant shall on the expiry of that period cease to be an accredited domestic plant and accordingly no further RHI payments are to be paid for the plant.

(7) The period specified in paragraph (6) may be extended by the Authority where the Authority considers it is just and equitable to do so.

(8) Subject to paragraph (9) and Part 10, RHI payments are calculated from the date of [^F179the notification under paragraph (2)(a), or paragraph (2)(aa) if required,^F179] for the remainder of the tariff lifetime of that accredited domestic plant.

(9) Where—

(a)a transfer of ownership of all or part of an accredited domestic plant takes place; and

(b)that accredited domestic plant is then owned by more than one person,

the Authority may require any person claiming to have the authority from all owners to be the new participant to provide to the Authority, in such manner and form as the Authority may request, evidence of this authority.

PART 9 Metering and monitoring agreements

Additional payments where a registered metering and monitoring agreement relates to an accredited domestic plant_I49

49.—(1) The Authority must determine registration applications in accordance with this Part.

[^F180 (2) Subject to paragraph (2A) and regulations 54, 54A, 54B and 55, where the Authority has given registration for a metering and monitoring agreement, the Authority must—

(a)make metering and monitoring payments; and

(b)where the registration is given on or after the third relevant date, make payment of the metering and monitoring lump sum payment with the next RHI payment due following registration,

to the participant who is a party to that agreement.

(2A) The Authority must not make payment of more than one metering and monitoring lump sum payment in respect of an accredited domestic plant.^F180]

(3) Metering and monitoring payments accrue from the date on which registration is given and continue to accrue until the earliest of the following dates—

(a)the tariff end date for the accredited domestic plant to which the metering and monitoring agreement relates;

(b)the date on which the metering and monitoring agreement comes to an end or is terminated; or

(c)the date on which registration is withdrawn under regulation 55.

(4) The Authority may—

(a)decide on the frequency of any metering and monitoring payments; and

(b)make metering and monitoring payments in advance, in arrears, or partly in advance and partly in arrears.

(5) Schedule 7 has effect.

Registration applications_I50

50.[^F181—(A1) This regulation is subject to regulation 2A(5).^F181]

(1) A registration application for a metering and monitoring agreement may be made by—

(a)a participant, if the agreement relates to that participant’s accredited domestic plant; or

(b)an owner of a plant which is the subject of an accreditation application, if the agreement relates to that plant.

(2) A registration application must be made to the Authority and be supported by—

(a)a copy of the agreement;

(b)confirmation by the metering and monitoring installer that—

(i)measuring instruments have been installed under the agreement in accordance with the requirements of the agreement set out in paragraph 3 or 4 of Schedule 7;

(ii)any eligible meters and temperature sensors installed under the agreement meet the requirements of the agreement in relation to accuracy set out in paragraph 5 of Schedule 7;

(c)a declaration that all information provided in support of the registration application is accurate to the best of the applicant’s knowledge and belief;

(d)if the applicant is a landlord, a declaration confirming that all occupiers of the RHI property[^F182 and all occupiers of any related property^F182] have consented—

(i)to the installation of any measuring instruments under the metering and monitoring agreement;

(ii)to the collection of information relating to the use of the plant under that agreement; and

(iii)on receipt of a request for access under regulation 56 or regulation 63, to allow the Secretary of State, the Authority or the Authority’s authorised agent, as applicable, access to the RHI property[^F183 and any related property^F183] to carry out any of the activities described in that regulation and to co-operate with such a request; and

(e)such other declarations or information about the metering and monitoring agreement or the plant as the Authority may require, which may include evidence to support any declarations.

(3) In order to determine whether to give registration, the Authority may—

(a)arrange for a site inspection to be carried out; and

(b)verify any information provided by the applicant against any other information available to it, including any information provided by the metering and monitoring installer or available to it on the MCS register.

Conditions of registration_I51

51.—(1) When giving registration, the Authority must make that registration subject to the following conditions—

(a)the participant must, on receipt of a request for access under regulation 56 or 63 allow the Secretary of State, the Authority or the Authority’s authorised agent, as applicable, access to the RHI property[^F184 and any related property^F184] to carry out any of the activities described in that regulation and co-operate with such a request;

(b)the participant must submit a declaration each year to the Authority, at such time and in such form as the Authority may request, confirming that—

(i)the metering and monitoring agreement is still in force and its terms are being adhered to;

(ii)there has been no change to the agreement which could affect whether the requirements specified in Schedule 7 continue to be met;

(iii)if the participant is a landlord, the participant has ensured that all occupiers of the RHI property[^F185 and all occupiers of any related property^F185] have consented to the collection of information relating to the use of the accredited domestic plant under the metering and monitoring agreement;

(c)the participant must notify the Authority if any change is made to the metering and monitoring agreement, including if the agreement is assigned [^F186to another certified installer, to another owner of the accredited domestic plant or to a new owner of that plant^F186] , or if the metering and monitoring agreement comes to an end or is terminated; and

(d)the participant must give the Authority access to the [^F187data collected before scheme closure^F187] under the metering and monitoring agreement on receipt of a request from the Authority.

[^F188 (1A) It is a condition of registration that the participant must, on receipt of a request from the Authority, the Secretary of State, or an agent nominated by the Authority or Secretary of State—

(a)authorise that person to access—

(i)any data collected by the installer or a sub-contractor of the installer after scheme closure under the metering and monitoring agreement;

(ii)any information relating to the agreement; and

(iii)information about anything else done under that agreement; and

(b)give that authority in the manner and form and by the date specified in the request.^F188]

(2) The Authority may make registration subject to any additional conditions it considers to be appropriate.

[^F189 (3) In this regulation, “ data ” means information recorded by measuring instruments under a metering and monitoring agreement. ^F189]

Registration_I52

52.—(1) Where paragraph (2) applies, subject to regulation 53, the Authority must—

(a)give registration;

(b)notify the applicant that the registration application has been successful;

(c)enter on the central register the details of the metering and monitoring agreement, the applicant’s name and such other information as the Authority considers necessary for the proper administration of the domestic RHI scheme; and

(d)notify the applicant of any conditions attached to the registration.

(2) This paragraph applies where—

(a)a registration application has been properly made in accordance with regulation 50;

(b)the Authority has given accreditation for the plant under regulation 21 or will give accreditation at the same time as it gives registration;

(c)the Authority is satisfied that the metering and monitoring agreement meets the requirements specified in Schedule 7 (or, if the plant has not yet been given accreditation, the agreement will meet the requirements when the plant is given accreditation and the owner becomes a participant); and

(d)the Authority has no reason to believe that—

(i)the terms of the agreement are not being or will not be complied with;

(ii)measuring instruments have not been installed in accordance with the requirements in paragraph 3 or 4 of Schedule 7; or

(iii)any eligible meters or temperature sensors installed under the agreement do not meet the accuracy requirements in paragraph 5 of Schedule 7.

Exceptions to duty to give registration_I53

53.—(1) The Authority must not give registration if paragraph (2), (3) [^F190, (4) or (4A)^F190] applies.

[^F191 (2) This paragraph applies if the giving of registration would cause the total number of metering and monitoring agreements given registration to exceed 11,255.^F191]

(3) This paragraph applies if the agreement for which registration is sought relates to an accredited domestic plant for which another metering and monitoring agreement has been given registration which has not been withdrawn.

(4) This paragraph applies if [^F192, before scheme closure,^F192] the Authority has advised the applicant that further information is required before registration can be given and that information is not provided within 12 weeks of the date on which it was last requested.

[^F193 (4A) This paragraph applies if, after scheme closure, the Authority has advised the applicant that further information is required before registration can be given and that information is not provided within 12 weeks of the date on which that request was first made.^F193]

(5) Where the Authority does not give registration it must notify the applicant that the registration application has been rejected, giving reasons.

Changes affecting registration [^F194and changes in requirements for metering and monitoring agreements^F194] _I54

54. [^F195 —(1) ^F195] Once the Authority becomes aware that a participant has transferred to another person (“a new owner”) ownership of all or part of the accredited domestic plant to which a registered metering and monitoring agreement relates, no metering and monitoring payment may be made until—

(a)the new owner has notified the Authority under regulation 48(2)(a);

(b)the Authority has taken the steps set out in regulation 48(5);

(c)if the Authority requests that the new owner provide further information about the metering and monitoring agreement, that information has been provided;

(d)if the Authority decides to review the registration, the Authority is satisfied that—

(i)the metering and monitoring agreement continues to meet the requirements specified in Schedule 7; and

(ii)the terms of the metering and monitoring agreement are being complied with; and

(e)the Authority has updated the central register and notified the new owner of this.

[^F196 (2) After scheme closure, all metering and monitoring agreements are to be read as if their terms effect the assignment of all rights and obligations under the agreement—

(a)by the metering and monitoring installer to another certified installer if the participant consents;

(b)to a certified installer from a metering and monitoring installer who has ceased trading, where the participant requests this assignment within 28 days after becoming aware that the metering and monitoring installer has ceased trading;

(c)by the participant who entered into the metering and monitoring agreement to another owner of the accredited domestic plant where—

(i)the participant ceases to be the owner of the accredited domestic plant; and

(ii)notice is given to the metering and monitoring installer by the participant or another owner of the plant.^F196]

[^F197Power to withhold MM payments during investigation

54A.—(1) Where the Authority has reasonable grounds to suspect that—

(a)a metering and monitoring agreement no longer meets the requirements specified in Schedule 7;

(b)a metering and monitoring agreement is no longer in force or that its terms are not being complied with;

(c)a condition of registration of a metering and monitoring agreement has not been or is not being complied with; or

(d)registration was given wholly or partly as a result of the provision of information which was incorrect in a material particular,

and the Authority requires time to investigate, it may withhold all or part of the MM payments under that agreement pending the outcome of that investigation.

(2) Within 21 days of a decision to withhold any MM payments under paragraph (1), the Authority must send a notice to the participant who is a party to that agreement which—

(a)specifies which of the grounds in paragraph (1)(a) to (d) apply; and

(b)sets out the date from which MM payments will be withheld and the next steps in the investigation.

(3) The Authority’s investigation must be commenced and completed as soon as is reasonably practicable.

(4) Immediately upon conclusion of its investigation under this regulation, the Authority must inform the participant of—

(a)the outcome of the investigation;

(b)the action the Authority proposes to take under this Part, if any; and

(c)the participant’s right of review.

(5) Where the Authority concludes that none of the grounds in paragraph (1)(a) to (d) are satisfied, it must resume payment of MM payments in accordance with these Regulations and pay to the participant any MM payments withheld during the course of its investigation.

(6) Within three months of sending a notice under paragraph (2), the Authority must either resume payment of MM payments or must send the participant a notice under regulation 54B, 55, 58, 59 or 60.

Power to withhold MM payments in the case of non-compliance

54B.—(1) Where the Authority is satisfied that—

(a)a metering and monitoring agreement no longer meets the requirements specified in Schedule 7;

(b)a metering and monitoring agreement is no longer in force or that its terms are not being complied with;

(c)a condition of registration of a metering and monitoring agreement has not been or is not being complied with; or

(d)registration was given wholly or partly as a result of the provision of information which was incorrect in a material particular,

it may withhold all or part of the MM payments under that agreement.

(2) Within 21 days of a decision to withhold any MM payments under paragraph (1), the Authority must send a notice to the participant who is a party to that agreement specifying—

(a)which of the grounds in paragraph (1)(a) to (d) apply and the reasons for the Authority’s decision;

(b)the amount of MM payments that will be withheld, to the extent this is known to the Authority;

(c)the date from which the MM payments are being withheld;

(d)the steps, if any, that the participant must take to satisfy the Authority that the MM payments should no longer be withheld;

(e)the date by which any steps required under sub-paragraph (d) must be completed;

(f)the consequences of the participant failing to take any steps required under sub-paragraph (d) by that date; and

(g)details of the participant’s right of review.

(3) Where the Authority is satisfied that—

(a)the participant has taken the steps specified in paragraph (2)(d) within the time specified; and

(b)the grounds specified in the notice under paragraph (2)(a) no longer apply,

it must resume payment of MM payments in accordance with these Regulations.

(4) The Authority may extend the time specified in paragraph (2)(e) where it is satisfied that it is reasonable to do so.

(5) If, within three months of receipt by the participant of a notice served under paragraph (2), the Authority is satisfied that—

(a)the participant has taken the steps specified in that notice; and

(b)the grounds specified in the notice no longer apply,

the Authority may pay, within 28 days of being so satisfied, all MM payments withheld under this regulation.^F197]

Withdrawal of registration [^F198and repayments^F198] _I55

55.—(1) The Authority may withdraw registration if it—

(a)is no longer satisfied that the metering and monitoring agreement meets the requirements specified in Schedule 7;

(b)considers that the metering and monitoring agreement is no longer in force or that its terms are not being complied with;

(c)^F199is satisfied that a condition of registration is not being complied with or is likely to be breached; ...

(d)is satisfied that registration was given wholly or partly as a result of the provision of information which is incorrect in a material particular and that, if the correct information had been provided, registration would not have been given [^F200;

(e)is satisfied that the participant has failed to take any steps specified in a notice given under regulation 54B(2) by the later of—

(i)the date specified in that notice; or

(ii)where applicable, such later date as the Authority specified under regulation 54B(4); or

(f)is satisfied that the participant has failed to take any steps specified in a notice given under regulation 58(2) by the date specified in that notice or, if applicable, by any later date specified under regulation 58(4)^F200] .

(2) Where the Authority decides to withdraw registration—

(a)^F201it must notify the participant and update the central register; ...

(b)no metering and monitoring payments are payable in respect of any period on or after the date on which the Authority updates the central register[^F202 ; and

(c)in respect of any metering and monitoring payments paid on or after the third relevant date, the Authority may—

(i)require those payments to be repaid by the participant or former participant; or

(ii)offset those payments against any future RHI payments in respect of the accredited domestic plant,

to the extent those metering and monitoring payments exceed the amount to which that person was entitled under these Regulations^F202] .

[^F203 (2A) Paragraph (2)(c) does not apply where the Authority decides to withdraw registration under paragraph (1)(c) for non-compliance with, or a likely breach of, the condition in regulation 51(1A).^F203]

[^F204 (3) Where—

(a)the Authority decides to withdraw registration under paragraph (1)(d);

(b)the information which is incorrect in a material particular is the confirmation provided under regulation 50(2)(b); and

(c)the participant or former participant has received a metering and monitoring lump sum payment,

the Authority may require the metering and monitoring lump sum payment to be repaid by the participant or former participant, or offset that payment against future RHI payments, to the extent that lump sum payment exceeds the amount to which the participant or former participant was entitled under these Regulations.

(4) Within 21 days of a decision to require payments to be repaid or offset under paragraph (2)(c) or (3), the Authority must send the participant or former participant a notice specifying—

(a)the amount which the Authority is seeking to recover;

(b)whether that amount must be repaid or will be offset;

(c)where applicable, the date by which that amount must be repaid; and

(d)the participant’s or former participant’s right of review.

(5) Where a participant or former participant who is required to repay an amount under this regulation fails to make payment in full by the date specified under paragraph (4)(c), the Authority may recover any outstanding sum as a civil debt.

(6) The Authority must not require a participant or former participant to repay, or offset, an amount which exceeds the total of any RHI payments and MM payments received by that person.^F204]

PART 10 Inspection and enforcement

Inspection_I56

56.—(1) The Authority or its authorised agent may request entry at any reasonable hour to inspect an accredited domestic plant and its associated infrastructure and to do one or more of the following—

(a)verify that the participant is complying with all applicable ongoing obligations;

(b)verify meter readings;

(c)take samples and remove them from the premises for analysis;

(d)take photographs, measurements or video or audio recordings of the accredited domestic plant and its associated infrastructure;

(e)verify that a participant who is a party to a registered metering and monitoring agreement is complying with any conditions imposed under regulation 51 in relation to the agreement and that the terms of the agreement are being complied with.

(2) Where the Authority is satisfied that a request made under paragraph (1) has been unreasonably refused by the participant or an occupant of the RHI property[^F205 or related property^F205] , or that the participant or occupant has unreasonably failed to cooperate with the Authority or its authorised agent, the Authority must send a notice to the participant specifying—

(a)details of—

(i)the request for entry and the reason why the refusal is considered unreasonable; or

(ii)the manner in which the participant or occupant has failed to cooperate and why that failure is considered unreasonable; and

(b)the action the Authority proposes to take under this Part, if any.

Power to withhold RHI payments during investigation_I57

57.—(1) Where the Authority has reasonable grounds to suspect—

(a)that a participant has failed or is failing to comply with an ongoing obligation; or

(b)that an accredited domestic plant has been given accreditation wholly or partly as a result of the provision of information which [^F206was^F206] incorrect in a material particular,

and the Authority requires time to investigate, it may withhold all or part of that [^F207participant’s, or NRI’s, RHI payments (as the case may be)^F207] pending the outcome of that investigation.

(2) Within 21 days of a decision to withhold RHI payments under paragraph (1), the Authority must send a notice to the participant[^F208 or NRI (as the case may be)^F208] which—

(a)specifies—

(i)the respect in which the Authority suspects the participant[^F208 or NRI (as the case may be)^F208] has failed or is failing to comply with an ongoing obligation; or

(ii)a description of the information suspected to be incorrect and upon which the accreditation was based; and

(b)sets out the date from which RHI payments will be withheld and the next steps in the investigation.

(3) The Authority’s investigation must be commenced and completed as soon as is reasonably practicable.

(4) Immediately upon conclusion of its investigation under this regulation, the Authority must inform the participant[^F209 or NRI (as the case may be)^F209] of—

(a)the outcome of the investigation;

(b)the action the Authority proposes to take under this Part, if any; and

(c)the participant’s [^F210or NRI’s^F210] right of review.

(5) Subject to regulation 46, where the Authority concludes that there has been no material breach of an ongoing obligation or provision of incorrect information, it must resume payment of RHI payments in accordance with these Regulations and pay to the participant[^F211 or NRI (as the case may be)^F211] any RHI payments withheld during the course of its investigation.

(6) Within 6 months of sending of a notice under paragraph (2), the Authority must either resume payment of RHI payments or must send the participant[^F212 or NRI (as the case may be)^F212] a notice under regulation 58, 59 or 60.

[^F213Power to investigate an RI’s status and withhold RHI payments

57A.—(1) Where the Authority has reasonable grounds to suspect that an RI—

(a)became an RI pursuant to regulation 22C wholly or partly as a result of the provision of information which was incorrect in a material particular; or

(b)has failed or is failing to comply with an ongoing obligation,

and the Authority requires time to investigate, it may withhold all or part of any RHI payments in respect of any accredited domestic plant in relation to which RI is the NRI, pending the outcome of that investigation.

(2) Within 21 days of a decision to withhold RHI payments under paragraph (1), the Authority must send a notice to the RI which—

(a)specifies—

(i)the respect in which the Authority suspects the RI has failed or is failing to comply with an ongoing obligation; or

(ii)a description of the information suspected to be incorrect and upon which the investor registration was based; and

(b)sets out the date from which RHI payments will be withheld and the next steps in the investigation.

(3) The Authority’s investigation must be commenced and completed as soon as is reasonably practicable.

(4) Immediately upon conclusion of its investigation under this regulation, the Authority must inform the RI of—

(a)the outcome of the investigation;

(b)the action the Authority proposes to take under this Part, if any; and

(c)the RI’s right of review.

(5) Where the Authority concludes that there has been no material breach of an ongoing obligation or provision of incorrect information, it must resume payment of RHI payments in accordance with these Regulations and pay to the RI any RHI payments withheld during the course of its investigation.

(6) Within 6 months of sending a notice under paragraph (2), the Authority must either resume payment of RHI payments or must send the RI a notice under regulation 58, 59A or 60.^F213]

Power to withhold RHI payments in the case of non-compliance_I58

58.—(1) Where the Authority is satisfied—

[^F214 (a)that either a participant or, where there is an assignment, an NRI has failed or is failing to comply with an ongoing obligation^F214]

(b)that an accredited domestic plant has been given accreditation wholly or partly as a result of the provision of information which [^F215was^F215] incorrect in a material particular,

it may withhold all or part of [^F216any RHI payments payable to the participant, or to the NRI^F216] .

(2) Within 21 days of a decision to withhold RHI payments the Authority must send a notice to the participant[^F217 or, where there is an assignment, the NRI^F217] specifying—

[^F218 (a)where there is or has been a failure to comply with an ongoing obligation, the respect in which the Authority is satisfied that the participant or the NRI is failing or has failed to comply^F218] ;

(b)where the accredited domestic plant was given accreditation as a result of the provision of incorrect information, details of the respect in which the information is incorrect;

(c)the amount of RHI payments that will be withheld, to the extent this is known to the Authority;

(d)the date from which RHI payments will be withheld;

(e)where applicable, the steps that the participant[^F219 or the NRI^F219] must take to satisfy the Authority that it is complying with the ongoing obligation;

(f)where applicable, the steps that the participant[^F220 or the NRI^F220] must take to satisfy the Authority that, notwithstanding the provision of incorrect information, the accredited domestic plant should continue to be an accredited domestic plant;

(g)the date by which the steps referred to in sub-paragraph (e) or (f) must be completed;

(h)the consequences of the participant[^F221 or the NRI^F221] failing to take the steps required under sub-paragraph (e) or (f) by that date; and

(i)details of the participant’s [^F222or NRI’s^F222] right of review.

(3) Subject to regulation 46(2)(b) and (7), where the Authority is satisfied that the participant[^F223 or NRI^F223] has taken the steps specified in paragraph (2)(e) or (f), as applicable, within the time specified, it must resume payment of RHI payments in accordance with these Regulations.

(4) The Authority may extend the time specified in paragraph (2)(g) where it is satisfied that it is reasonable to do so.

(5) If, within 3 months of receipt by the participant[^F224 or, where applicable, the NRI^F224] of a notice served under paragraph (2), the Authority is satisfied that the participant[^F225 or NRI^F225] has taken the steps specified in that notice, the Authority may pay, within 28 days of being so satisfied, all [^F226or part of any^F226] RHI payments withheld under this regulation.

Revocation of accreditation_I59

59.—(1) Where the Authority is satisfied that—

(a)there is or has been a serious or repeated failure by a participant to comply with an ongoing obligation;

(b)^F227there has been a failure to comply with a notice under regulation 58(2); ...

(c)an accredited domestic plant has been given accreditation wholly or partly as a result of the provision of information which was incorrect in a material particular [^F228; or

(d)where there has been an assignment—

(i)there is or has been a serious or repeated failure by an NRI to comply with an ongoing obligation; or

(ii)there is no longer an NRI in respect of the relevant accredited domestic plant,^F228]

the Authority may take one or more of the steps set out in paragraph (2).

[^F229 (2) Where—

(a)paragraph (1) applies, the Authority may revoke the accreditation for the relevant accredited domestic plant;

(b)sub-paragraphs (1)(a), (b) or (c) apply, the Authority may revoke the accreditation for any other accredited domestic plants owned by that participant;

(c)sub-paragraph (1)(d)(i) applies, the Authority may revoke the accreditation for any other accredited domestic plant in respect of which RI is the NRI.^F229]

(3) Before revoking accreditation the Authority must send the participant[^F230 and, where there is an assignment, the NRI^F230] a notice specifying—

(a)the reason for the intended revocation of accreditation including [^F231, where applicable,^F231] details of the respect in which the participant[^F231 or, where there is an assignment, the NRI (or both),^F231] has failed to comply or details of the incorrect information;

(b)an explanation of the effect of the revocation; and

(c)details of the participant’s [^F232or the NRI’s (as the case may be)^F232] right of review.

(4) Where accreditation of an accredited domestic plant has been revoked, the Authority—

(a)may reject any further accreditation application for a plant owned by the same person; and

(b)must, if the Authority has given registration relating to the accredited domestic plant, withdraw that registration.

[^F233 59A.—(1) Where the Authority is satisfied that—

(a) there has been a serious or repeated failure by an RI to comply with an ongoing obligation;

(b) there has been a failure by the RI to comply with a notice under regulation 58(2); or

(c) the RI has become an RI wholly or partly as a result of the provision of information which was incorrect in a material particular,

the Authority may revoke the RI’s investor registration.

(2) Before revoking an RI’s investor registration the Authority must send the RI a notice specifying—

(a) the reason for the intended revocation, including details of the respect in which the RI has failed to comply with an ongoing obligation or details of the incorrect information;

(b) an explanation of the effect of the revocation; and

(c) details of the RI’s right of review.

(3) Where an investor’s RI status has been revoked the Authority—

(a) must cease payment of all RHI payments to that investor;

(b) must remove that investor from the central register;

(c) must inform all participants who nominated that investor under regulation 22E(1) of the revocation and the effect of the revocation; and

(d) may reject any further investor applications by that investor.^F233]

Overpayment notices and offsetting_I60

60. —(1) The Authority may take one of the steps set out in paragraph (2) where the Authority is satisfied that a [^F234 participant, former participant, NRI or former NRI ^F234] has received RHI payments (“overpayments”) which—

(a)exceed the amount to which that person was entitled under these Regulations;

(b)^F235were paid whilst there was a failure by that person to comply with an ongoing obligation or following such a failure; ...

(c)were paid for an accredited domestic plant which was given accreditation wholly or partly as a result of the provision of information which was incorrect in a material particular [^F236; or

(d)were paid to an NRI or former NRI who became registered wholly or partly as a result of the provision of information which was incorrect in a material particular^F236] .

(2) The steps set out in this paragraph are—

(a)requiring a [^F237participant, former participant, NRI or former NRI^F237] who has received overpayments to repay a specified sum in relation to some or all of those overpayments; or

(b)offsetting a specified sum in relation to some or all of those overpayments against future RHI payments[^F238 payable in respect of any accredited domestic plant for which that person is the participant or NRI^F238] .

(3) Within 21 days of a decision to take action under paragraph (1) the Authority must send the [^F239participant, former participant, NRI or former NRI^F239] who has received any overpayments a notice specifying—

(a)the value of any RHI payments which the Authority believes are overpayments;

(b)the specified sum which the Authority is seeking to recover;

(c)whether the specified sum must be repaid or will be offset;

(d)where applicable, the date by which the specified sum must be repaid; and

(e)the [^F240participant’s, former participant’s, NRI’s or former NRI’s^F240] right of review.

(4) Where a [^F241participant, former participant, NRI or former NRI^F241] who is required to repay a specified sum under this regulation fails to make payment in full by the date specified under paragraph (3)(d), the Authority may recover any outstanding sum as a civil debt.

(5) The Authority must not require a [^F242participant, former participant, NRI or former NRI^F242] to repay, or offset, a specified sum which exceeds any overpayments received by that person.

Revocation of sanctions_I61

61.—(1) The Authority may at any time revoke a sanction imposed in accordance with [^F243regulations 54A, 54B or 55 or^F243] this Part if it is satisfied that—

(a)there was an error involved in the original imposition of the sanction; or

(b)it is just and equitable in the particular circumstances of the case to do so.

(2) Where, as a result of the imposition of a sanction to which—

(a)paragraph (1)(a) applies, a [^F244participant, former participant, NRI or former NRI^F244] has been deprived of RHI payments[^F245 or MM payments^F245] to which the [^F244participant, former participant, NRI or former NRI^F244] was entitled, the Authority must repay to the [^F244participant, former participant, NRI or former NRI^F244] a sum equivalent to those payments;

(b)paragraph (1)(b) applies, a [^F246participant, former participant, NRI or former NRI^F246] has been deprived of RHI payments[^F247 or MM payments^F247] which the [^F246participant, former participant, NRI or former NRI^F246] would otherwise have received, the Authority may repay to the [^F246participant, former participant, NRI or former NRI^F246] a sum equivalent to those payments if in the Authority’s view it is just and equitable in the particular circumstances of the case to do so.

(3) Within 21 days of a decision to revoke a sanction, the Authority must send a notice to the participant or former participant[^F248 and, in the case of an assignment, the NRI or former NRI^F248] specifying—

(a)the sanction which has been revoked;

(b)the reason for the revocation; and

(c)where paragraph (2) applies, the amount which will be repaid.

(4) In this regulation, “sanction” means an action taken by the Authority under regulation [^F24954A(1), 54B(1), 55(1), 57(1), 57A(1), 58(1), 59(2) or (4), 59A(1) or (3), or 60(2)^F249] .

Right of review_I62

62.—(1) Any prospective, current or former participant[^F250 or prospective, current or former RI^F250] aggrieved by a decision by the Authority in the exercise of its functions under these Regulations (other than a decision made in accordance with this regulation) may have that decision reviewed by the Authority.

(2) An application for review must be made by notice in such format as the Authority may require and must—

(a)be received by the Authority within 28 days of the date of receipt of notification of the decision being reviewed;

(b)specify the decision which that person wishes to be reviewed; and

(c)specify the grounds on which the application is made.

(3) A person who has made an application in accordance with paragraph (2) must provide the Authority with such information which is in that person’s possession as the Authority may reasonably request to allow it to discharge its functions under this regulation.

(4) A review under this regulation may not be carried out by any person who was involved in the decision which is being reviewed.

(5) On review the Authority may—

(a)affirm its decision;

(b)revoke or vary its decision.

(6) Within 21 days of completing a review under this regulation, the Authority must send the person who made the application a notice setting out its decision and giving reasons for that decision.

[^F251 (7) Paragraph (8) applies where—

(a)the Authority rejects an accreditation application or registration application; and

(b)on a review under this regulation, the Authority revokes its decision to reject the application.

(8) Subject to regulation 2A(1)(b), the tariff start date is the date that would have been the tariff start date had the Authority not rejected the application.^F251]

PART 11 Powers and functions of the Secretary of State

Scheme review and evaluation_I63

63.—(1) The Secretary of State must keep the operation of the domestic RHI scheme under review.

(2) The Secretary of State may decide to select an accredited domestic plant for monitoring for the purpose of that review (“evaluation monitoring”).

(3) Where the Secretary of State makes a decision to select an accredited domestic plant for evaluation monitoring—

(a)the Secretary of State must write to the participant who owns the accredited domestic plant to advise that it has been selected for evaluation monitoring; and

(b)the Secretary of State may request entry at any reasonable hour to—

(i)inspect the accredited domestic plant and its associated infrastructure;

(ii) install any measuring instruments and related equipment (“metering equipment”) which the Secretary of State may consider necessary;

(iii)inspect any metering equipment installed under this regulation;

(iv)carry out meter readings or download any information recorded by the metering equipment;

(v)check, repair or replace any metering equipment;

(c)the Secretary of State may request that the participant—

(i)assist with the maintenance of the meters or the taking of readings;

(ii)keep any records specified by the Secretary of State;

(iii)provide any information held by the participant that is required by the Secretary of State, including any information prepared by the certified installer who was responsible for the installation of the accredited domestic plant.

Right of review of decisions by the Secretary of State_I64

64.—(1) Any participant aggrieved by a decision by the Secretary of State in the exercise of a function under regulation 63 may have that decision reviewed by the Secretary of State.

(2) An application for review must be made by notice in such format as the Secretary of State may require and must—

(a)be received by the Secretary of State within 28 days of the date of receipt of notification of the decision being reviewed;

(b)specify the decision which that person wishes to be reviewed; and

(c)specify the grounds on which the application is made.

(3) A person who has made an application in accordance with paragraph (2) must provide the Secretary of State with such information which is in that person’s possession as the Secretary of State may reasonably request to allow the discharge of the Secretary of State’s functions under this regulation.

(4) On review the Secretary of State may—

(a)affirm the decision;

(b)revoke or vary the decision.

(5) Within 21 days of completing a review under this regulation, the Secretary of State must send the person who made the application a notice setting out its decision and giving reasons for that decision.

PART 12 Additional powers and functions of the Authority

Provision of information to the Authority_I65

65. Where the Authority requests any information or declarations from an [^F252applicant, participant, investor or RI^F252] under these Regulations, or an [^F253applicant, participant, investor or RI^F253] is otherwise required to provide any information or declarations—

(a)that information and those declarations must be provided in such manner and form as the Authority may reasonably request and must be accurate to the best of [^F254that person’s^F254] knowledge and belief; and

(b)the costs of providing the information are to be borne by that [^F255person^F255] .

Reliance on declarations and other information available to the Authority_I66

66. When exercising any functions under these Regulations, the Authority may—

(a)treat any declarations provided to it by an applicant[^F256 or an investor^F256] in support of any application under these Regulations, or by a participant[^F257 or an RI^F257] , as conclusive as to the matters to which they relate, unless the Authority has reason to believe that any such declaration is not accurate;

(b)verify any information provided by an applicant or participant against any information on the MCS register and any other information available to the Authority;

(c)treat inclusion of a plant on the MCS register as evidence that the plant has been certified on the basis that the plant is installed in accordance with a relevant installation standard or a standard which is equivalent to a relevant installation standard; and

(d)treat any information about a plant on the MCS register as conclusive as to the matters to which it relates.

Duty to maintain a central register_I67

67. The Authority must maintain a register of—

(a)all accredited domestic plants;

(b)all registered metering and monitoring agreements[^F258 ;

(c)all RIs^F258] .

Duty to publish guidance_I68

68. The Authority must publish procedural guidance to participants[^F259 and RIs^F259] in connection with the administration of the domestic RHI scheme.

Duty to report to the Secretary of State_I69

^F26069.—(1) The Authority must provide to the Secretary of State ... reports containing the following information, as applicable—

(a)for each accredited domestic plant given accreditation in the period covered by the report—

(i)such of the information specified in Schedule 4 as the Authority may hold and the Secretary of State may require regarding the accredited domestic plant;

(ii)details of the plant it has replaced, if any;

(iii)the total amount of RHI payments made for the accredited domestic plant for the period covered by the report;

(iv)the eligible metered heat in kWh generated by the accredited domestic plant in the period covered by the report if the Authority has provided a metering statement for the plant or the deemed annual heat generation for the accredited domestic plant if a metering statement has not been provided;