Legalize / United Kingdom / Statutory-Instrument

The Domestic Renewable Heat Incentive Scheme Regulations 2014

Type Statutory-Instrument

Publication 2014-04-08

Last updated 2022-04-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(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 on P 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 and any related property 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) if P does not live in the RHI property P must have, at all times, agreement from all occupants of the RHI property and any related property 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 ; 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.

Ongoing obligations: changes affecting accredited domestic plants

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;

(ba) any repair work is carried out on the accredited domestic plant;

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

(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) there 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 ; 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.

(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

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 order, no repair work has been carried out in relation to the plant, no part of the plant has been replaced and the plant has not been replaced with another plant, unless P has notified the Authority 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;

(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;

(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;

(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) where 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; ...

(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—

(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

(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 ;

(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); ...

(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 contract; and

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

Ongoing obligations: emissions from biomass

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.

Ongoing obligations: metering

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.

Ongoing obligations: provision of information

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.

PART 8 — Changes affecting accredited domestic plants

Review of accreditation following notification of a change in circumstances

45

(1) This regulation applies where the Authority receives a notification under regulation 40 or regulation 44B, and regulations 22F, 43A, 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 a notification under regulation 40, 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.

(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.

(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.

(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

46

(1) Subject to paragraphs (1B) and (1C) and regulation 2A(3) and (4), this 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.

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

(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.

(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 and, where there is an assignment, the NRI 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 and, where there is an assignment, the NRI 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—

(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;

(b) regulation 28 for the period commencing on the date on which the Authority provides the participant and, where there is an assignment, the NRI 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 or regulation 44B 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 and, where there is an assignment, the NRI with a metering statement.

Replacement plants

47

Changes in ownership of accredited domestic plants

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) the 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; ...

(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

(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) require 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; ...

(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

(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 , and where applicable the NRI, 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) or (aa), if required; 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 the notification under paragraph (2)(a), or paragraph (2)(aa) if required, 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

49

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

(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.

(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

(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

50

(A1) This regulation is subject to regulation 2A(5).

(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 and all occupiers of any related property 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 and any related property 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

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 and any related property 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 and all occupiers of any related property 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 to another certified installer, to another owner of the accredited domestic plant or to a new owner of that plant, 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 data collected before scheme closure under the metering and monitoring agreement on receipt of a request from the Authority.

(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.

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

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

Registration

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

53

(1) The Authority must not give registration if paragraph (2), (3) , (4) or (4A) applies.

(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.

(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 , before 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 it was last requested.

(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.

(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

54

Withdrawal of registration

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;

(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 ;

(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).

(2) Where the Authority decides to withdraw registration—

(a) it 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 ; and

(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.

(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).

(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

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;

(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.

PART 10 — Inspection and enforcement

Inspection

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;

(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 or related property, 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

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 was incorrect in a material particular,

and the Authority requires time to investigate, it may withhold all or part of that participant’s, or NRI’s, RHI payments (as the case may be) 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 or NRI (as the case may be) which—

(a) specifies—

(i) the respect in which the Authority suspects the participant or NRI (as the case may be) 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 or NRI (as the case may be) of—

(a) the outcome of the investigation;

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

(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 or NRI (as the case may be) 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 or NRI (as the case may be) a notice under regulation 58, 59 or 60.

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

58

(1) Where the Authority is satisfied—

(a) that either a participant or, where there is an assignment, an NRI has failed or is failing to comply with an ongoing obligation

(b) that 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,

it may withhold all or part of any RHI payments payable to the participant, or to the NRI.

(2) Within 21 days of a decision to withhold RHI payments the Authority must send a notice to the participant or, where there is an assignment, the NRI specifying—

(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;

(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;

(d) the date from which RHI payments will be withheld;

(e) where applicable, the steps that the participant or the NRI must take to satisfy the Authority that it is complying with the ongoing obligation;

(f) where applicable, the steps that the participant or the NRI 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 or the NRI failing to take the steps required under sub-paragraph (e) or (f) by that date; and

(i) details of the participant’s or NRI’s right of review.

(3) Subject to regulation 46(2)(b) and (7), where the Authority is satisfied that the participant or NRI 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 or, where applicable, the NRI of a notice served under paragraph (2), the Authority is satisfied that the participant or NRI has taken the steps specified in that notice, the Authority may pay, within 28 days of being so satisfied, all or part of any RHI payments withheld under this regulation.

Revocation of accreditation

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) there 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 ; 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,

the Authority may take one or more of the steps set out in paragraph (2).

(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.

(3) Before revoking accreditation the Authority must send the participant and, where there is an assignment, the NRI a notice specifying—

(a) the reason for the intended revocation of accreditation including , where applicable, details of the respect in which the participant or, where there is an assignment, the NRI (or both), has failed to comply or details of the incorrect information;

(b) an explanation of the effect of the revocation; and

(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.

Overpayment notices and offsetting

60

(1) The Authority may take one of the steps set out in paragraph (2) where the Authority is satisfied that a participant, former participant, NRI or former NRI has received RHI payments (“overpayments”) which—

(a) exceed the amount to which that person was entitled under these Regulations;

(b) were 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 ; 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.

(2) The steps set out in this paragraph are—

(a) requiring a participant, former participant, NRI or former NRI 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 payable in respect of any accredited domestic plant for which that person is the participant or NRI.

(3) Within 21 days of a decision to take action under paragraph (1) the Authority must send the participant, former participant, NRI or former NRI 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;

(d) where applicable, the date by which the specified sum must be repaid; and

(e) the participant’s, former participant’s, NRI’s or former NRI’s right of review.

(4) Where a participant, former participant, NRI or former NRI 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 participant, former participant, NRI or former NRI to repay, or offset, a specified sum which exceeds any overpayments received by that person.

Revocation of sanctions

61

(1) The Authority may at any time revoke a sanction imposed in accordance with regulations 54A, 54B or 55 or 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 participant, former participant, NRI or former NRI has been deprived of RHI payments or MM payments to which the participant, former participant, NRI or former NRI was entitled, the Authority must repay to the participant, former participant, NRI or former NRI a sum equivalent to those payments;

(b) paragraph (1)(b) applies, a participant, former participant, NRI or former NRI has been deprived of RHI payments or MM payments which the participant, former participant, NRI or former NRI would otherwise have received, the Authority may repay to the participant, former participant, NRI or former NRI 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 and, in the case of an assignment, the NRI or former NRI specifying—

(a) the sanction which has been revoked;

(b) the reason for the revocation; and

(4) In this regulation, “sanction” means an action taken by the Authority under regulation 54A(1), 54B(1), 55(1), 57(1), 57A(1), 58(1), 59(2) or (4), 59A(1) or (3), or 60(2).

Right of review

62

(1) Any prospective, current or former participant or prospective, current or former RI 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

(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.

(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.

PART 11 — Powers and functions of the Secretary of State

Scheme review and evaluation

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;

(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

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

(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

65

Where the Authority requests any information or declarations from an applicant, participant, investor or RI under these Regulations, or an applicant, participant, investor or RI 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 that person’s knowledge and belief; and

(b) the costs of providing the information are to be borne by that person.

Reliance on declarations and other information available to the Authority

66

When exercising any functions under these Regulations, the Authority may—

(a) treat any declarations provided to it by an applicant or an investor in support of any application under these Regulations, or by a participant or an RI, 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

67

The Authority must maintain a register of—

(a) all accredited domestic plants;

(b) all registered metering and monitoring agreements ;

Duty to publish guidance

68

The Authority must publish procedural guidance to participants and RIs in connection with the administration of the domestic RHI scheme.

Duty to report to the Secretary of State

69

(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;

(v) the full address of the RHI property ;

(aa) for each person who becomes an RI in the period covered by the report, such of the information specified in Schedule 4A as the Authority may hold and the Secretary of State may require regarding the RI; and

(b) such other information as the Authority may hold in relation to its functions under these Regulations as the Secretary of State may require.

(2) Reports must be provided in such manner and form and at such intervals as the Secretary of State may request and must, in particular, be presented in a way that separately identifies the information specified in paragraph (1)(a) for each accredited domestic plant.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Authority must provide to the Secretary of State ... annual reports in such manner and form as the Secretary of State may request containing the information specified in paragraph (1) in aggregate form both for the period covered by the report and since the relevant date.

(5) The first annual report must be published by 31st July 2015 and must cover the period from the relevant date and ending on 31st March 2015, and in each subsequent calendar year the annual report must be published by 31st July for the 12 month period ending on 31st March of that year.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The Authority must publish the following information on its website—

(a) the ... annual reports provided in accordance with this regulation;

(b) information in aggregate form as to—

(i) the number of accredited domestic plants;

(ii) the number of those plants which are biomass plants, air source heat pumps, ground source heat pumps or solar thermal plants;

(iii) the amount of eligible metered heat in kWh generated by accredited domestic plants for which the Authority has provided a metering statement and deemed annual heat generation for other accredited domestic plants in the relevant period; and

(iv) the total amount of RHI payments made under each tariff.

Duty to provide additional information to the Secretary of State

70

(1) On request from the Secretary of State, the Authority must provide to the Secretary of State in such manner and form and by such date as the Secretary of State may request such additional information as the Authority may hold which relates to a function of the Authority under these Regulations.

(2) The information which the Secretary of State may request under paragraph (1) includes any information—

(a) recorded by a meter installed under these Regulations; ...

(b) about a participant except for the participant’s bank account details ; or

PART 13 — Miscellaneous provisions

Notices, notifications and applications

71

All notices, notifications and applications under these Regulations—

(a) must be in writing; and

(b) may be transmitted by electronic means.

Consequential amendments

72

(1) The Renewable Heat Incentive Scheme Regulations 2011[^f00025] are amended as follows.

(2) In regulation 23 (exceptions to duty to accredit), after paragraph (5) insert—

(6) The Authority must not accredit an eligible plant if— (a) it is, or at any time has been, an accredited domestic plant within the meaning given by regulation 2 of the Domestic Renewable Heat Incentive Scheme Regulations 2014; (b) an application for accreditation of the plant has been made under those Regulations and that application has not been withdrawn by the applicant or rejected by the Authority; or (c) it provides heat to the same property as an accredited domestic plant or a plant for which an application for accreditation under those Regulations has been made which has not been withdrawn or rejected.

SCHEDULE 1 — Standards relevant to plants

1

(1) This Schedule specifies standards for plants.

(2) The standards for biomass boilers are: BS EN 303-5:2012, BS EN 16510-1:2018, EN 303-5:2012[^f00026], EN 12809:2001+A1:2004[^f00027] or EN 303-5:1999[^f00028].

(3) The standard for biomass stoves is EN 14785:2006[^f00029].

(4) The standards for heat pumps are—

(za) BS EN 14511-1:2018, BS EN 14511-2:2018, BS EN 14511-3:2018 and BS EN 14511-4:2018;

(a) EN 14511-1: 2013[^f00030], EN 14511-2: 2013[^f00031], EN 14511-3:2013[^f00032] and EN 14511-4: 2013[^f00033];

(b) EN 14511-1: 2011[^f00034], EN 14511-2: 2011[^f00035], EN 14511-3: 2011[^f00036] and EN 14511-4: 2011[^f00037];

(d) EN 14511-1: 2004[^f00042], EN 14511-2: 2004[^f00043], EN 14511-3: 2004[^f00044] and EN 14511-4: 2004[^f00045].

(5) The standards for solar thermal plants are—

(a) BS EN ISO 9806:2017, EN 12975-1:2006+A1:2010[^f00046] and EN 12975-2:2006[^f00047];

(b) BS EN ISO 9806:2017, EN 12975-1:2006+A1:2010[^f00048] and EN ISO 9806:2013[^f00049]; or

SCHEDULE 2 — Requirements for RHI emission certificates

1

The requirements set out in this Schedule are that a document (an “RHI emissions certificate”)—

(a) is issued by a testing laboratory which is accredited to EN ISO/IEC 17025:2005[^f00052] at the time of testing; and

(b) contains the information specified in paragraph 2.

2

The information referred to in paragraph 1(b) is—

(a) the name and address of the testing laboratory by which tests have been carried out;

(b) the name and signature of the person authorised by the testing laboratory to issue the certificate;

(d) the date of the accreditation of the testing laboratory to EN ISO/IEC 17025:2005 and the accreditation number;

(e) the name, model, manufacturer and installation capacity of the plant tested;

(f) the date of the testing;

(g) confirmation that—

(i) emissions of NOx and PM have been tested on the same occasion;

(ii) the testing was in accordance with the requirements set out in paragraph 3 or 4; and

(iii) the test was carried out at no less than 85% of the installation capacity of the plant;

(h) confirmation that when tested as specified in sub-paragraph (g)—

(i) emissions of PM from the plant did not exceed 30 grams of PM per gigajoule net heat input; and

(ii) emissions of NOx did not exceed 150 grams of NOx per gigajoule net heat input;

(i) the actual emissions of PM and NOx measured when the plant was tested as specified in sub-paragraph (g);

(j) a list of—

(i) the types of fuel used during the testing; and

(ii) the types of fuel which can be used so as to ensure that the emission limits referred to in sub-paragraph (h) are not exceeded;

(k) the moisture content of the fuel used during testing and the maximum moisture content which can be used so as to ensure that the emission limits referred to in sub-paragraph (h) are not exceeded;

(l) a statement indicating whether or not the plant tested was a manually stoked natural draught plant;

(m) a list of plants, other than the plant tested, in the type-testing range of plants for the certificate, if any.

3

For the purposes of paragraph 2(g), the requirements set out in this paragraph are that testing is carried out in accordance with the provisions relevant to emissions of PM and NOx in EN 303-5:1999[^f00053] or EN 303-5:2012[^f00054], whichever standard is current at the time of testing.

4

For the purposes of paragraph 2(g), the requirements set out in this paragraph are that—

(a) testing is carried out in accordance with—

(i) EN 14792:2005[^f00055] for NOx emissions, and

(ii) EN 13284-1:2002[^f00056] or BS ISO 9096:2003[^f00057] for PM emissions;

(b) the emissions of PM represent the average of at least three measurements of emissions of PM, each of at least 30 minutes duration; and

5

For the purposes of paragraph 2(h), “net heat input” means the rate of heat (expressed as the amount of heat over time) which is supplied to the plant by the fuel used, based on the net calorific value of that fuel.

SCHEDULE 3 — Eligible properties

1

(1) The requirements set out in this Schedule in relation to a property are that an Energy Performance Certificate (“EPC”) has been issued for the property on the basis that it consists of a dwelling and—

(a) the property is an eligible new-build property; or

(b) the requirements in—

(i) sub-paragraph (2) are met; and

(ii) either sub-paragraph (3) or (4) are met.

(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.

(3) The requirements referred to in sub-paragraph (1)(b)(ii) are that the EPC—

(a) does not include a recommendation report; or

(b) includes a recommendation report which does not recommend that loft insulation or cavity wall insulation be installed.

(4) The requirements referred to in sub-paragraph (1)(b)(ii) are that loft insulation or cavity wall insulation is recommended in a recommendation report included in the EPC and cannot be installed in accordance with that recommendation as that installation—

(a) is prevented by restrictions on the building as a consequence of its status as a listed building, its location in a conservation area or the material impact that such installation would have on a protected species;

(b) would otherwise be unlawful; or

SCHEDULE 4 — Information required for accreditation

PART 1 — Information required from all applicants making an accreditation application

1

The information referred to in regulation 17(2)(a) is—

(a) the address of the property to which the plant for which accreditation is sought provides heat;

(b) where the applicant is an individual, the name, date of birth, address, e-mail address (if any) and telephone number (if any) of the applicant;

(c) where the applicant is not an individual, the name of the individual making the application on behalf of the applicant, the individual’s date of birth, address, e-mail address (if any) and telephone number (if any);

(d) where the applicant is a company, the trading or other name by which the applicant is commonly known, its registration number, and the address of its registered office;

(e) where the applicant is a social landlord other than a local authority, the name by which the applicant is commonly known, the details of its registration, and the address of its registered office;

(f) where the applicant is a local authority, the name by which the applicant is commonly known and its address;

(g) except where there is to be an assignment and no registration application is to be made under regulation 50, details of a bank account in the applicant’s name which accepts pound sterling deposits in the United Kingdom into which any RHI payments or MM payments may be paid;

(h) the unique reference number or numbers under which the plant for which accreditation is sought is registered on the MCS register;

(i) the unique reference number for the Energy Performance Certificate for the property to which the plant for which accreditation is sought provides heat which is the most recent Energy Performance Certificate for the property on the date on which the application is made; and

(j) where there is to be an assignment, a copy of the contract under which the applicant has entered into the assignment agreement, and the Unique Registered Investor Reference of the RI that the participant is seeking to nominate.

PART 2 — Additional information which may be required from an applicant for accreditation

2

The information referred to in regulation 17(2)(b) is—

(a) information to enable the Authority to satisfy itself as to the identity of the individual completing the application;

(b) where an individual is making an application on behalf of the applicant, evidence which satisfies the Authority that the individual has authority from that person to make the application on its behalf;

(d) evidence regarding the value of any grant from public funds and details of the body from which the grant was given;

(e) any information held by the applicant about the plant’s certification in accordance with regulation 8;

(f) details of the property to which the plant for which accreditation is sought provides heat, including evidence that the applicant owns or occupies the property;

(g) if the applicant has indicated to the Authority that paragraph 1(4) of Schedule 3 applies to the property, evidence from the local planning authority, the Historic Buildings and Monuments Commission for England, Historic Scotland, Cadw, Natural England, Scottish Natural Heritage, the Natural Resources Body for Wales; a chartered ecologist’s report or a chartered surveyor’s report;

(h) a copy of any Energy Performance Certificate for the property including, if applicable, any Energy Performance Certificate issued on or after the RHI date for the plant;

(i) if the heat generated by the plant for which accreditation is sought must be metered under regulation 13—

(i) in relation to each meter installed under these Regulations, details of the meter’s manufacturer, model and serial number;

(ii) any readings from all meters and any other measuring instruments as at the RHI date for the plant or up to two weeks prior to that date;

(iii) evidence, prepared or verified by the certified installer who was responsible for, or checked, the installation of the meters, that the meters meet the metering requirements;

(iv) a schematic or other diagram showing details of the heating arrangements for the property to which the plant for which accreditation is sought provides heat, including all plant providing heat to that property, the location of meters and associated components and such other details as may be specified by the Authority; and

(v) such other information as the Authority may specify to enable it to determine whether the metering requirements are met;

(j) if the plant for which accreditation is sought is a biomass plant—

(i) evidence as to the type of fuel used in the plant;

(ii) such information as the Authority may specify to enable it to satisfy itself that the requirements set out in Schedule 2 have been met;

(k) details regarding any other plant which provides heat to the same property as the plant for which accreditation is sought;

(l) evidence as to any of the other matters for which the applicant has given a declaration; and

(m) such other information as the Authority may require to enable it to consider the applicant’s application for accreditation or to enable evaluation of the operation of the domestic RHI scheme.

SCHEDULE 5 — Tariffs

Tariff category	Tariff (pence/kWh)
Biomass plants	12.2
Air source heat pumps	7.3
Ground source heat pumps	18.8
Solar thermal plants	19.2

SCHEDULE 6 — Expenditure for individual technologies

PART 1 — Biomass plants

Assessment date	Expenditurethreshold	Growththreshold	Super expenditurethreshold	Super growththreshold
31st January 2021	£45.68m	£0.77m	£50.67m	£1.05m
30th April 2021	£39.34m	£0.77m	£44.61m	£1.05m
31st July 2021	£31.87m	£0.77m	£37.42m	£1.05m
31st October 2021	£24.58m	£0.77m	£30.41m	£1.05m
Any date after 30th January 2022	£20.22m	£0.77m	£26.33m	£1.05m

PART 2 — Air source heat pumps

Assessment date	Expenditure threshold	Growth threshold	Super expenditurethreshold	Super growththreshold
31st January 2021	£57.49m	£3.50m	£77.59m	£5.00m
30th April 2021	£60.37m	£3.50m	£81.97m	£5.00m
31st July 2021	£62.99m	£3.50m	£86.09m	£5.00m
31st October 2021	£65.41m	£3.50m	£90.01m	£5.00m
Any date after 30th January 2022	£67.71m	£3.50m	£93.81m	£5.00m

PART 3 — Ground source heat pumps

Assessment date	Expenditurethreshold	Growth threshold	Super expenditure threshold	Super growth threshold
31st January 2021	£40.94m	£1.68m	£56.67m	£2.55m
30th April 2021	£41.94m	£1.68m	£58.54m	£2.55m
31st July 2021	£42.70m	£1.68m	£60.17m	£2.55m
31st October 2021	£43.20m	£1.68m	£61.54m	£2.55m
Any date after 30th January 2022	£43.49m	£1.68m	£62.70m	£2.55m

PART 4 — Solar thermal plants

Assessment date	Expenditure threshold	Growth threshold	Super expenditure threshold	Super growth threshold
31st January 2021	£1.86m	£0.07m	£2.79m	£0.12m
30th April 2021	£1.82m	£0.07m	£2.80m	£0.12m
31st July 2021	£1.78m	£0.07m	£2.81m	£0.12m
31st October 2021	£1.75m	£0.07m	£2.83m	£0.12m
Any date after 30th January 2022	£1.74m	£0.07m	£2.87m	£0.12m

SCHEDULE 7 — Requirements for metering and monitoring agreements

1

The requirements set out in this Schedule are that an agreement between a certified installer and a participant (a “metering and monitoring agreement”)—

(a) relates to an accredited domestic plant which is a heat pump or a metering and monitoring biomass boiler;

(b) meets the requirements set out in paragraph 3 or 4 of this Schedule (whichever is applicable to the type of plant); ...

(d) is to be read as if its terms effect the assignment of all rights and obligations under the agreement in accordance with regulation 54.

2

In this Schedule—

“data completeness”, in relation to information recorded by measuring instruments over a particular period and presented in a format available for viewing by the installer and participant, is the total number of readings by the instruments and presented over that period divided by the maximum number of readings that could have been recorded at 2 minute intervals by the instruments in that period, expressed as a percentage;

“external temperature” is the temperature measured—at the RHI property by any temperature sensors if the relevant sensors are installed at the RHI property; orat a meteorological station which the metering and monitoring installer regards as most likely to measure temperature that represents the external temperature at the RHI property.

Requirements regarding the use of meters and other measuring instruments for metering and monitoring biomass boilers

3

Where the agreement relates to an accredited domestic plant which is a metering and monitoring biomass boiler (“the plant”), the applicable requirements referred to in paragraph 1(b) are that the agreement requires that—

(a) eligible heat meters are installed to record the heat generated by the plant;

(b) eligible heat meters are installed to record the heat generated by any other plant which is connected to the same heat distribution system as the plant or, if it is not feasible to install eligible heat meters for this purpose, any other type of eligible meters which can be used to determine heat generated by the other plant are installed;

(c) temperature sensors are installed which enable the recording of the temperature of the liquid leaving the plant and returning to it, and those temperature sensors must form part of the eligible heat meter measuring the heat generated by the plant or be installed at the same location as that eligible heat meter;

(d) eligible electricity meters are installed to record—

(i) the electricity supplied to any component of the plant which is used to generate the heat which is recorded under sub-paragraph (a); and

(ii) if the plant is used to generate heat for the purpose of heating domestic hot water, the total electricity supplied to the domestic hot water system including the electrical consumption by any immersion element in a domestic hot water cylinder;

(e) temperature sensors are installed to measure—

(i) the indoor temperature in at least one room in the RHI property to which the accredited domestic plant provides heat; and

(ii) the external air temperature; and

(f) measuring equipment is installed to determine the efficiency of the plant.

Requirements regarding the use of meters and other measuring instruments for heat pumps

4

Where the agreement relates to an accredited domestic plant which is a heat pump (“the plant”), the applicable requirements referred to in paragraph 1(b) are that the agreement requires that—

(a) eligible heat meters are installed to record the heat generated by the plant or its components;

(b) eligible heat meters are installed to record the heat generated by any other plant which is connected to the same heat distribution system as the plant or, if it is not feasible to install eligible heat meters for this purpose, any other type of eligible meters which can be used to determine heat generated by the other plant are installed;

(i) the temperature of the liquid leaving the plant to provide space heating; and

(ii) if the heat pump generates heat for the purpose of heating domestic hot water, the temperature of the liquid leaving the plant for the sole purpose of heating domestic hot water or entering the domestic hot water cylinder;

(d) eligible electricity meters are installed to record—

(i) any electricity supplied to any components of the plant included in the heat recorded under sub-paragraph (a);

(ii) if the plant is used for the purpose of heating domestic hot water, the total electricity supplied to the domestic hot water system including the electrical consumption by any immersion element in a domestic hot water cylinder;

(e) temperature sensors are installed to measure the indoor temperature in at least one room in the RHI property to which the plant provides heat;

(f) if the plant is a ground source heat pump, temperature sensors are installed to record the temperature of the liquid in the part of the plant that extracts heat from the ground or water as it enters, and returns from, the ground or water; and

(g) if the plant is an air source heat pump, temperature sensors are installed to measure the external air temperature.

Accuracy requirements for meters and temperature sensors

5

The requirements referred to in paragraph 1(c) are that the agreement requires that—

(a) all meters installed or used under the agreement meet the metering requirements and records information at least every 2 minutes;

(b) all temperature sensors used under the agreement are properly installed and records information at least every 2 minutes;

(c) the smallest amount of energy that eligible heat meters used under the agreement can detect is equal to or less than 1 Wh or, if not, is equal to or less than—

(i) 10 Wh, if the eligible heat meter is measuring the heat in domestic hot water as it leaves a domestic hot water cylinder; or

(ii) 3% of the smallest amount of heat that the plant being measured is designed to produce in two minutes in Wh, if the eligible heat meter is not measuring the heat in domestic hot water as it leaves a domestic hot water cylinder;

(d) the smallest amount of energy that eligible electricity meters used in relation to the components of a heat pump under the agreement can detect is equal to or less than—

(i) 1 Wh; or

(ii) 3% of the smallest amount of electricity that the heat pump compressor, any supplementary electric heater and any electric immersion heater (where the energy consumed by those components is metered) is designed to consume in Wh in two minutes;

(e) the smallest amount of energy that eligible electricity meters used in relation to a metering and monitoring biomass boiler under a metering and monitoring agreement can detect is equal to or less than—

(i) 1 Wh; or

(ii) 7.5% of the smallest amount of electricity that the metering and monitoring biomass boiler is designed to consume in Wh in two minutes;

(f) the smallest volume that eligible gas meters used under a metering and monitoring agreement can detect is equal to or less than 10 litres or the equivalent volume in any other unit;

(g) the smallest volume that eligible oil meters used under a metering and monitoring agreement can detect is equal to or less than 0.1 litres or the equivalent volume in any other unit; and

(h) the data completeness of the information recorded by all measuring instruments under the metering and monitoring agreement over any consecutive 12 month period is at least 75%.

Requirements for presentation of information

6

The requirements referred to in paragraph 1(c) are that the agreement requires that information recorded under the metering and monitoring agreement is—

(a) presented in a format which is automatically available for viewing by the metering and monitoring installer (“the installer view”) and the participant (“the participant view”); and

(b) updated automatically—

(i) where registration is given on or after the third relevant date, within one month of that information being recorded by the relevant measuring instruments; or

(ii) where registration is given before the third relevant date, within one week of that information being recorded by the relevant measuring instruments.

7

The requirements referred to in paragraph 1(c) are that the agreement requires that the installer view—

(a) includes all of the information recorded by all measuring instruments required under the metering and monitoring agreement over a period which is—

(i) at least the past 12 months; or

(ii) if the agreement has been in force for less than 12 months, the period in which the agreement has been in force;

(b) shows the data as it was recorded in 2 minute intervals or smaller intervals;

(i) in each three month period for the past 12 months; or

(ii) if the information has been recorded for a period which is shorter than 12 months, in any three month period for which information has been recorded.

8

The requirements referred to in paragraph 1(c) are that the agreement requires that the participant view—

(a) separately identifies, as a minimum, each of the following sets of information recorded under the metering and monitoring agreement—

(i) the energy output of the accredited domestic plant;

(ii) the energy consumption by the accredited domestic plant;

(iii) the internal temperature in any room for which the internal temperature is recorded;

(iv) the external temperature;

(v) if the accredited domestic plant is a ground source heat pump, the temperature of the liquid in the part of the plant that extracts heat from the ground or water as it enters, and returns from, the ground or water;

(vi) the efficiency of the accredited domestic plant over the past 12 months or over any period for which data is available if less than 12 months of data is available (“the efficiency assessment”);

(vii) an assessment as to the accuracy of the efficiency assessment; and

(viii) information about the components of the accredited domestic plant which have contributed to the efficiency assessment;

(b) displays the information referred to in sub-paragraph (a) in a way that—

(i) shows the information collected in the immediately preceding week, broken down by hour or by a smaller unit of time; and

(ii) shows the information collected in any other period (at least for data collected in the previous 12 months), broken down by month or by a smaller unit of time; and

Requirements for provision of information and advice to participants

9

The requirements referred to in paragraph 1(c) are that the agreement requires the metering and monitoring installer to provide to the participant, on request,—

(a) at least once every three months, an explanation about the meaning of the information collected under the metering and monitoring agreement;

(b) all of the information collected under the metering and monitoring agreement over the 12 month period ending on the date on which the information is requested; and

(c) any other information relating to the participant or the metering and monitoring agreement which is held by the metering and monitoring installer.

Requirements for provision of information to the Secretary of State or the Authority

10

The requirements referred to in paragraph 1(c) are that the agreement requires the metering and monitoring installer—

(a) to provide to the Secretary of State, the Authority or an agent nominated by the Authority, on request, information relating to—

(i) the metering and monitoring agreement including any data collected, and anything else done, under that agreement; or

(ii) the accredited domestic plant; and

(b) to provide that information in such manner and form and by such date as is specified in the request.

Consumer protection requirements

11

The requirements referred to in paragraph 1(c) are that the agreement requires the metering and monitoring installer to inform the participant—

(a) of the identity of any person who is providing a service under the metering and monitoring agreement and to notify the participant if that person changes;

(b) if any service required under the metering and monitoring agreement is to be delivered by another person on behalf of the metering and monitoring installer.

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

Michael Fallon — Minister of State — Department of Energy and Climate Change — 8th April 2014

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

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