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Statutory Instruments

2015 No. 145

Energy

The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2015

Made

4th February 2015

Coming into force in accordance with regulation 1(1) and(2)

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 100(1) and (2) and 104(2) of the Energy Act 2008(1).

In accordance with section 105(2)(a) and (3) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

In accordance with section 100(7) of that Act, the Secretary of State has obtained the consent of the Scottish Ministers to the making of these Regulations.

PART 1 Introduction

Citation, commencement and interpretationI1

1.—(1) These Regulations may be cited as the Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2015 and, except as provided in paragraph (2), come into force on the day after the day on which they are made.

(2) Regulations 4 to 6 come into force on 5th October 2015.

(3) In these Regulations—

(a) the 2011 Regulations” means the Renewable Heat Incentive Scheme Regulations 2011 ( 2 ), and

(b) the 2014 Regulations” means the Domestic Renewable Heat Incentive Scheme Regulations 2014 ( 3 ).

PART 2 Amendments to the 2011 Regulations

Amendments to the 2011 Regulations

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment to regulation 2 (interpretation)

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment to regulation 29 (participants using solid biomass in accredited RHI installations with an installation capacity of 1MWth or above)

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment to regulation 33 (biomethane producers)

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment to regulation 34 (ongoing obligations: general)

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sustainable solid biomass etc

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment to Schedule 2

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sustainability criteria

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 Amendments to the 2014 Regulations

Amendment to the 2014 RegulationsI2

10. The 2014 Regulations are amended in accordance with regulations 11 to 13.

Amendment to regulation 2 (interpretation)I3

11. In regulation 2 of the 2014 Regulations, after the definition of “applicant” insert—

“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;.

Amendment to regulation 41 (ongoing obligations: annual declarations) I4

12. In regulation 41, after paragraph (f) insert—

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

(i)that all solid biomass used in that plant on or after 5th October 2015 was an approved sustainable fuel, or 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, and

(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..

Sustainable solid biomassI5

13. After regulation 42 insert—

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 in respect of that solid biomass..

Verma

Parliamentary Under Secretary of State

Department of Energy and Climate Change

4th February 2015

(1)

2008 c. 32. Section 100 was amended by S.I. 2011/2195.

(2)

S.I. 2011/2860, amended by S.I. 2012/1999, S.I. 2013/1033, 2410 and 3179, S.I. 2014/928 and 1413 and S.I. 2015/[ ].

(3)

S.I. 2014/928, amended by S.I. 2015/[ ].

Status: There are currently no known outstanding effects for The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2015.
The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2015 (2015/145)
Version from: 22 May 2018

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (for detail about the purposes see/hover footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
italics Defined term
dfn Defined term (alternative style)
gry bckgrd the in-force status of the provision is complex, check the footnotes
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
F1 Regs. 2-9 revoked (22.5.2018) by The Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), regs. 1, 92(2)(e) (with reg. 92(3)-(14)) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1 Regs. 2-9 revoked (22.5.2018) by The Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), regs. 1, 92(2)(e) (with reg. 92(3)-(14)) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1 Regs. 2-9 revoked (22.5.2018) by The Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), regs. 1, 92(2)(e) (with reg. 92(3)-(14)) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1 Regs. 2-9 revoked (22.5.2018) by The Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), regs. 1, 92(2)(e) (with reg. 92(3)-(14)) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1 Regs. 2-9 revoked (22.5.2018) by The Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), regs. 1, 92(2)(e) (with reg. 92(3)-(14)) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1 Regs. 2-9 revoked (22.5.2018) by The Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), regs. 1, 92(2)(e) (with reg. 92(3)-(14)) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1 Regs. 2-9 revoked (22.5.2018) by The Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), regs. 1, 92(2)(e) (with reg. 92(3)-(14)) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1 Regs. 2-9 revoked (22.5.2018) by The Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), regs. 1, 92(2)(e) (with reg. 92(3)-(14)) this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I1 Reg. 1 in force at 5.2.2015, see reg. 1(1)
I2 Reg. 10 in force at 5.2.2015, see reg. 1(1)
I3 Reg. 11 in force at 5.2.2015, see reg. 1(1)
I4 Reg. 12 in force at 5.2.2015, see reg. 1(1)
I5 Reg. 13 in force at 5.2.2015, see reg. 1(1)
Defined Term Section/Article ID Scope of Application
the 2011 Regulations reg. 1. of PART 1 def_97a43bd635
the 2014 Regulations reg. 1. of PART 1 def_0c615347fd

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