Statutory Instruments

2016 No. 257

Energy

The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2016

Made

1st March 2016

Laid before Parliament

3rd March2016

Coming into force

24th March 2016

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

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 and commencement_I1

1. These Regulations may be cited as the Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2016 and come into force on 24th March 2016.

PART 2 Amendments to the Renewable Heat Incentive Scheme Regulations 2011

Amendments to the Renewable Heat Incentive Scheme Regulations 2011

^F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments to regulation 2 (interpretation)

^F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment to regulation 13 (certification for installation of Microgeneration heating equipment)

^F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment to regulation 23 (treatment of grants from public funds)

^F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments to regulation 36B (ongoing obligation to use sustainable solid biomass or biogas or to produce sustainable biomethane)

^F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment to regulation 36D (sustainability audit reports)

^F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments to regulation 37 (payment of periodic support payments to participants)

^F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments to regulation 37B (calculation of A)

^F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments to regulation 39C (CHP systems accredited in relation to the Renewables Obligation)

^F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment to Schedule 2 (provision of information in relation to the use of biomass in certain circumstances)

^F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments to Schedule 2B (land criteria)

^F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Substitution of Schedule 4 (total expenditure)

^F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments to Schedule 5 (expenditure in relation to individual technologies)

^F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 Amendments to the Domestic Renewable Heat Incentive Scheme Regulations 2014

Amendments to the Domestic Renewable Heat Incentive Scheme Regulations 2014_I2

15. The Domestic Renewable Heat Incentive Scheme Regulations 2014(2) are amended in accordance with regulations 16 to 28.

Amendments to regulation 2 (interpretation)_I3

16. In regulation 2—

(a)insert “(1)” before “In these Regulations—”;

(b)for the definition of “certified installer” substitute the following definition—

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

(a)

which is equivalent to the Microgeneration Certification Scheme; and

(b)

under which installers are certified to that scheme’s standards by a certification body or organisation accredited to EN 45011(3) or EN ISO/IEC 17065:2012(4);”;

(c)after the definition of “condensing plant” insert the following definition—

““consumer prices index” means—

(a)

the consumer prices index calculated and published by the Office of National Statistics; or

(b)

where the index is not published for a year, any substituted index or figures published by that Office;”;

(d)omit the definition of “Green Deal Assessment”;

(e)in the definition of “MCS register” for “accredited under EN 45011 or EN ISO/IEC 17065:2012” substitute “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”;

(f)for the definition of “relevant EPC” substitute the following definition—

““relevant EPC” means—

(a)

on the date on which an accredited domestic plant providing heat to an RHI property is given accreditation, the most recent Energy Performance Certificate for that property for which details have been provided to the Authority; or

(b)

if, after the date on which an accredited domestic plant providing heat to an RHI property is given accreditation, the Authority has requested a new Energy Performance Certificate for that property, the most recent Energy Performance Certificate for that property for which details have been provided to the Authority pursuant to such a request;”;

(g)after the definition of “working day” insert the following—

“(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.”.

Amendment to regulation 8 (certification requirements) _I4

17. For regulation 8(1)(b) substitute—

“(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.”.

Amendment to regulation 9 (plants used to generate heat before the first commissioning date) _I5

18. For regulation 9(2)(a) substitute—

“(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;”.

Amendment to regulation 13 (plants where heat generation must be metered) _I6

19.—(1) In regulation 13(4), before “Plant A” insert “Subject to paragraph (4A),”.

(2) After regulation 13(4) insert—

“(4A) Subject to regulation 46(1A), paragraph (4) does not apply to eligible new-build properties.”.

Amendment to regulation 32 (calculation of grant funding deduction) _I7

20. For regulation 32(2)(b)(ii) substitute—

“(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.”.

Amendment to regulation 34 (calculation of initial tariffs) _I8

21. In regulation 34(3)—

(a)after “regulation 35;” omit “and”;

(b)after “regulation 36” insert—

“; and

(c)the resulting figure is stated to two decimal places and rounded.”.

Amendment to regulation 35 (calculation of initial tariffs: calculation of A) _I9

22. For regulation 35(2)(c) substitute—

“(c)1st April (other than 1st April 2014), A is C adjusted by the percentage increase or decrease, for the immediately preceding calendar year, 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.”.

Amendment to regulation 37 (calculation of subsequent tariffs) _I10

23.—(1) In regulation 37(2)(b)—

(a)for the formula “A x C” substitute—

“

A × (1 + C)””

”

(b)omit the words from “to the nearest hundredth of a penny” to the end.

(2) In regulation 37(3)—

(a)for the formula “B x C” substitute—

“

B × (1 + C)””

”

(b)omit the words from “to the nearest hundredth of a penny” to the end.

(3) For regulation 37(4)(c) substitute—

“(c)C is the percentage increase or decrease, for the calendar year ending on 31st December immediately preceding the commencement of the financial year for which the subsequent tariff is being calculated, in—

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

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

Amendments to regulation 38 (expenditure forecast statement and tariff change notice) _I11

24.—(1) In regulation 38(4)(c), after “retail prices index” insert “or consumer prices index”.

(2) In sub-paragraph (b)(i) of the definition of “estimated spend” in regulation 38(7), after “provides heat” insert “is not an eligible new-build property and”.

Amendment to regulation 46 (changes affecting whether accredited domestic plants must be metered) _I12

25. After regulation 46(1) insert—

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

Amendment to Schedule 3 (eligible properties) _I13

26. In Schedule 3, for paragraph 1(2) substitute—

“(2) The requirements referred to in sub-paragraph (1)(b)(i) are that—

(a)the property was first occupied before the first commissioning date for the plant; and

(b)the period between the date on which the EPC was issued and the RHI date is less than 24 months.”.

Amendment to Schedule 4 (information required for accreditation) _I14

27. In Schedule 4, omit paragraph 1(j).

Substitution of Schedule 6 (expenditure for individual technologies) _I15

28. For Schedule 6 substitute—

Regulation 36

“SCHEDULE 6 Expenditure for individual technologies

PART 1 Biomass plants

Table 1

Assessment Date	Expenditure threshold	Growth threshold	Super expenditure threshold	Super growth threshold
31st July 2014	£ 2.40m	-	£ 4.80m	-
31st October 2014	£ 4.20m	£ 1.80m	£ 8.40m	£ 3.60m
31st January 2015	£ 6.00m	£ 1.80m	£ 12.00m	£ 3.60m
30th April 2015	£ 8.40m	£ 2.40m	£ 16.80m	£ 4.80m
31st July 2015	£ 11.90m	£ 3.60m	£ 23.90m	£ 7.20m
31st October 2015	£ 15.50m	£ 3.60m	£ 31.10m	£ 7.20m
31st January 2016	£ 19.10m	£ 3.60m	£ 38.20m	£ 7.20m
30th April 2016	£ 22.70m	£ 3.60m	£ 45.40m	£ 7.20m
31st July 2016	£ 26.30m	£ 3.60m	£ 52.60m	£ 7.20m
31st October 2016	£ 29.90m	£ 3.60m	£ 59.80m	£ 7.20m
Any date after 30th January 2017	£ 33.50m	£ 3.60m	£ 67.00m	£ 7.20m

PART 2 Air source heat pumps

Table 2

Assessment Date	Expenditure threshold	Growth threshold	Super expenditure threshold	Super growth threshold
31st July 2014	£ 2.40m	-	£ 4.80m	-
31st October 2014	£ 4.20m	£ 1.80m	£ 8.40m	£ 3.60m
31st January 2015	£ 6.00m	£ 1.80m	£ 12.00m	£ 3.60m
30th April 2015	£ 8.40m	£ 2.40m	£ 16.80m	£ 4.80m
31st July 2015	£ 11.90m	£ 3.60m	£ 23.90m	£ 7.20m
31st October 2015	£ 15.50m	£ 3.60m	£ 31.10m	£ 7.20m
31st January 2016	£ 19.10m	£ 3.60m	£ 38.20m	£ 7.20m
30th April 2016	£ 22.70m	£ 3.60m	£ 45.40m	£ 7.20m
31st July 2016	£ 26.30m	£ 3.60m	£ 52.60m	£ 7.20m
31st October 2016	£ 29.90m	£ 3.60m	£ 59.80m	£ 7.20m
Any date after 30th January 2017	£ 33.50m	£ 3.60m	£ 67.00m	£ 7.20m

PART 3 Ground source heat pumps

Table 3

Assessment Date	Expenditure threshold	Growth threshold	Super expenditure threshold	Super growth threshold
31st July 2014	£ 2.40m	-	£ 4.80m	-
31st October 2014	£ 4.20m	£ 1.80m	£ 8.40m	£ 3.60m
31st January 2015	£ 6.00m	£ 1.80m	£ 12.00m	£ 3.60m
30th April 2015	£ 8.40m	£ 2.40m	£ 16.80m	£ 4.80m
31st July 2015	£ 11.90m	£ 3.60m	£ 23.90m	£ 7.20m
31st October 2015	£ 15.50m	£ 3.60m	£ 31.10m	£ 7.20m
31st January 2016	£ 19.10m	£ 3.60m	£ 38.20m	£ 7.20m
30th April 2016	£ 22.70m	£ 3.60m	£ 45.40m	£ 7.20m
31st July 2016	£ 26.30m	£ 3.60m	£ 52.60m	£ 7.20m
31st October 2016	£ 29.90m	£ 3.60m	£ 59.80m	£ 7.20m
Any date after 30th January 2017	£ 33.50m	£ 3.60m	£ 67.00m	£ 7.20m

PART 4 Solar thermal plants

Table 4

Assessment Date	Expenditure threshold	Growth threshold	Super expenditure threshold	Super growth threshold
31st July 2014	£ 1.20m	-	£ 2.30m	-
31st October 2014	£ 2.10m	£ 0.90m	£ 4.10m	£ 1.80m
31st January 2015	£ 2.90m	£ 0.90m	£ 5.90m	£ 1.80m
30th April 2015	£ 3.90m	£ 1.00m	£ 7.80m	£ 1.90m
31st July 2015	£ 5.00m	£ 1.10m	£ 10.00m	£ 2.20m
31st October 2015	£ 6.10m	£ 1.10m	£ 12.20m	£ 2.20m
31st January 2016	£ 7.20m	£ 1.10m	£ 14.40m	£ 2.20m
30th April 2016	£ 8.30m	£ 1.10m	£ 16.60m	£ 2.20m
31st July 2016	£ 9.40m	£ 1.10m	£ 18.80m	£ 2.20m
31st October 2016	£ 10.50m	£ 1.10m	£ 21.00m	£ 2.20m
Any date after 30th January 2017	£ 11.60m	£ 1.10m	£ 23.20m	£ 2.20m”

Bourne

Parliamentary Under Secretary of State

Department of Energy and Climate Change

1st March 2016

(1)

2008 c.32; section 100 was amended by S.I. 2011/2195 and section 51 of the Infrastructure Act 2015 (c.7). Section 51 also amended section 105 of the Energy Act 2008 (Parliamentary control of subordinate legislation) and inserted subsections (3A) to (3I) concerning provisions which require the affirmative resolution procedure. These Regulations do not contain provisions of the kind described in those subsections.

(2)

S.I. 2014/928; relevant amending instruments are 2015/143, 145 and 1459.

(3)

The ISBN for the English language version of this standard is ISBN 0580294153. This standard is published by the British Standards Institution and copies can be obtained at www.bsigroup.com.

(4)

The ISBN for the English language version of this standard is ISBN 9780580784729. This standard is published by the British Standards Institution and copies can be obtained at www.bsigroup.com.

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	related provisions
F1	Regs. 2-14 revoked (22.5.2018) by The Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), regs. 1, 92(2)(i) (with reg. 92(3)-(14))	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 2-14 revoked (22.5.2018) by The Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), regs. 1, 92(2)(i) (with reg. 92(3)-(14))	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 2-14 revoked (22.5.2018) by The Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), regs. 1, 92(2)(i) (with reg. 92(3)-(14))	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 2-14 revoked (22.5.2018) by The Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), regs. 1, 92(2)(i) (with reg. 92(3)-(14))	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 2-14 revoked (22.5.2018) by The Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), regs. 1, 92(2)(i) (with reg. 92(3)-(14))	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 2-14 revoked (22.5.2018) by The Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), regs. 1, 92(2)(i) (with reg. 92(3)-(14))	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 2-14 revoked (22.5.2018) by The Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), regs. 1, 92(2)(i) (with reg. 92(3)-(14))	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 2-14 revoked (22.5.2018) by The Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), regs. 1, 92(2)(i) (with reg. 92(3)-(14))	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 2-14 revoked (22.5.2018) by The Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), regs. 1, 92(2)(i) (with reg. 92(3)-(14))	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 2-14 revoked (22.5.2018) by The Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), regs. 1, 92(2)(i) (with reg. 92(3)-(14))	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 2-14 revoked (22.5.2018) by The Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), regs. 1, 92(2)(i) (with reg. 92(3)-(14))	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 2-14 revoked (22.5.2018) by The Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), regs. 1, 92(2)(i) (with reg. 92(3)-(14))	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1	Regs. 2-14 revoked (22.5.2018) by The Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611), regs. 1, 92(2)(i) (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 24.3.2016, see reg. 1
I2	Reg. 15 in force at 24.3.2016, see reg. 1
I3	Reg. 16 in force at 24.3.2016, see reg. 1
I4	Reg. 17 in force at 24.3.2016, see reg. 1
I5	Reg. 18 in force at 24.3.2016, see reg. 1
I6	Reg. 19 in force at 24.3.2016, see reg. 1
I7	Reg. 20 in force at 24.3.2016, see reg. 1
I8	Reg. 21 in force at 24.3.2016, see reg. 1
I9	Reg. 22 in force at 24.3.2016, see reg. 1
I10	Reg. 23 in force at 24.3.2016, see reg. 1
I11	Reg. 24 in force at 24.3.2016, see reg. 1
I12	Reg. 25 in force at 24.3.2016, see reg. 1
I13	Reg. 26 in force at 24.3.2016, see reg. 1
I14	Reg. 27 in force at 24.3.2016, see reg. 1
I15	Reg. 28 in force at 24.3.2016, see reg. 1