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) (No. 2) Regulations 2017 and come into force on 20th September 2017.

PART 2 Amendments to the Renewable Heat Incentive Scheme Regulations 2011

Amendments to the Renewable Heat Incentive Scheme Regulations 2011

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Amendment to regulation 2 (interpretation)

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

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Amendments to regulation 37A (calculation of initial tariffs on or after the relevant date)

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New regulation 37AA (calculation of initial tariffs for certain installations and biomethane producers with tariff start dates before 1st January 2018)

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Amendment to regulation 37B (calculation of A)

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New regulation 37BA (calculation of A for tariff start dates on or after 1st January 2018)

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New Schedule 3D (new tariffs)

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Amendment of Schedule 4 (total expenditure)

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Amendment of Schedule 5 (expenditure in relation to individual technologies)

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

Amendments to the Domestic Renewable Heat Incentive Scheme Regulations 2014_I2

12. The Domestic Renewable Heat Incentive Scheme Regulations 2014(2) are amended in accordance with this Part.

Amendments to regulation 2 (interpretation)_I3

13. In regulation 2—

(a)in the definition of “initial tariff” after “plant for” insert “all or part of”;

(b)after the definition of “seasonal performance factor”, insert—

““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;”; and

(c)in the definition of “subsequent tariff” after “plant for” insert “all or part of”.

Amendment to regulation 26 (duty to make RHI payments) _I4

14. After regulation 26(4) insert—

“(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.”.

Amendment to regulation 29 (calculation of deemed annual heat generation) _I5

15. In regulation 29, for paragraphs (2) to (5) substitute—

“(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—

Amendments to regulation 34 (calculation of initial tariffs) _I6

16.—(1) In regulation 34, after paragraph (2) insert—

“(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.”.

(2) In regulation 34(3)—

(a)for “In any other case” substitute “In any case not falling within paragraph (2) or (2A)”; and

(b)after “tariff” insert “for the initial tariff period”.

Amendment to regulation 35 (calculation of initial tariffs: calculation of A) _I7

17. For regulation 35(2)(b) and (c) substitute—

“(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.”.

Substitution of regulation 37 (calculation of subsequent tariffs) _I8

18. For regulation 37 substitute—

Calculation of subsequent tariffs

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.”.

New Schedule 5A (new tariffs) _I9

19. After Schedule 5 insert—

Regulations 34 and 37

“SCHEDULE 5A New tariffs

Amendment of Schedule 6 (expenditure for individual technologies) _I10

20.—(1) Schedule 6 is amended as follows.

(2) In Part 1, in Table 1 (biomass plants)—

(a)in the first column of the final row, after “30th January 2017” insert “but before 31st October 2017”;

(b)at the end of the table insert the following rows—

(3) In Part 2, in Table 2 (air source heat pumps)—

(a)in the first column of the final row, after “30th January 2017” insert “but before 31st October 2017”;

(b)at the end of the table insert the following rows—

(4) In Part 3, in Table 3 (ground source heat pumps)—

(a)in the first column of the final row, after “30th January 2017” insert “but before 31st October 2017”;

(b)at the end of the table insert the following rows—

(5) In Part 4, in Table 4 (solar thermal plants)—

(a)in the first column of the final row, after “30th January 2017” insert “but before 31st October 2017”;

(b)at the end of the table insert the following rows—