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

(2) The requirement in this paragraph is that—

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

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

Ongoing obligations: metering

Ongoing obligations: provision of information

SCHEDULE 5A — New tariffs

Tariff category	Tariff (pence/kWh)
Biomass plants	6.54
Air source heat pumps	10.18
Ground source heat pumps	19.86
Solar thermal plants	20.06

PART3A — Investors

Investor applications

22A

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

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

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

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

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

Time limits for provision of information

22B

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

Investor registration

22C

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

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

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

(b) notify the investor—

(i) that the investor application has been successful;

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

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

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

Rejection of investor applications

22D

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

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

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

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

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

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

(a) the investor contacted the Authority before the 28 day period expired—

(i) stating that the information sought is not yet available;

(ii) stating that the information cannot be provided; or

(iii) providing alternative information; and

(b) fewer than three months have passed since the date of the first notice in which the Authority requested the information.

(3) Where the Authority decides to reject an investor application it must notify the investor that the investor application has been rejected, giving reasons.

Nomination of an RI

22E

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

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

(b) the RI consents to the assignment;

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

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

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

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

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

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

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

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

Transfer of NRI status

22F

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

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

(a) ARI’s Unique Registered Investor Reference;

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

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

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

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

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

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

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

(b) update the central register;

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

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

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

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

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

PART7A — Ongoing obligations on RIs

Ongoing obligations on RIs: general

44A

(1) An RI—

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

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

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

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

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

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

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

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

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

Ongoing obligations on RIs: changes affecting RI’s registration

44B

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

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

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

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

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

Ongoing obligations on RIs: annual declarations

44C

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

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

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

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

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

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

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

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

Ongoing obligations on RI: provision of information

44D

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

(2) RI must retain a copy of—

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

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

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

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

Review of accreditation or investor registration following notification of a change in circumstances

Power to withhold MM payments during investigation

54A

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

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

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

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

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

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

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

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

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

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

(a) the outcome of the investigation;

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

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

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

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

54B

(1) Where the Authority is satisfied that—

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

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

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

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

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

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

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

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

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

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

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

(3) Where the Authority is satisfied that—

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

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

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

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

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

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

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

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

Withdrawal of registration and repayments

Power to investigate an RI’s status and withhold RHI payments

57A

(1) Where the Authority has reasonable grounds to suspect that an RI—

(a) became an RI pursuant to regulation 22C wholly or partly as a result of the provision of information which was incorrect in a material particular; or

(b) has failed or is failing to comply with an ongoing obligation,

and the Authority requires time to investigate, it may withhold all or part of any RHI payments in respect of any accredited domestic plant in relation to which RI is the NRI, pending the outcome of that investigation.

(2) Within 21 days of a decision to withhold RHI payments under paragraph (1), the Authority must send a notice to the RI which—

(a) specifies—

(i) the respect in which the Authority suspects the RI has failed or is failing to comply with an ongoing obligation; or

(ii) a description of the information suspected to be incorrect and upon which the investor registration was based; and

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

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

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

(a) the outcome of the investigation;

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

(5) Where the Authority concludes that there has been no material breach of an ongoing obligation or provision of incorrect information, it must resume payment of RHI payments in accordance with these Regulations and pay to the RI any RHI payments withheld during the course of its investigation.

(6) Within 6 months of sending a notice under paragraph (2), the Authority must either resume payment of RHI payments or must send the RI a notice under regulation 58, 59A or 60.

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

Revocation of accreditation

59A

(1) Where the Authority is satisfied that—

(a) there has been a serious or repeated failure by an RI to comply with an ongoing obligation;

(b) there has been a failure by the RI to comply with a notice under regulation 58(2); or

(c) the RI has become an RI wholly or partly as a result of the provision of information which was incorrect in a material particular,

the Authority may revoke the RI’s investor registration.

(2) Before revoking an RI’s investor registration the Authority must send the RI a notice specifying—

(a) the reason for the intended revocation, including details of the respect in which the RI has failed to comply with an ongoing obligation or details of the incorrect information;

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

(3) Where an investor’s RI status has been revoked the Authority—

(a) must cease payment of all RHI payments to that investor;

(b) must remove that investor from the central register;

(c) must inform all participants who nominated that investor under regulation 22E(1) of the revocation and the effect of the revocation; and

(d) may reject any further investor applications by that investor.

Overpayment notices and offsetting

Revocation of sanctions

Right of review

SCHEDULE 4A — Information required from investors making an investor application

1

The information referred to in regulation 22A(2)(a) is—

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

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

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

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

(e) details of a bank account in the investor’s name which accepts pound sterling deposits in the United Kingdom into which any RHI payments may be paid;

(f) information to enable the Authority to satisfy itself that the investor is a member of a code of practice; and

(g) a current copy of the form of contract under which the investor would enter into an assignment agreement with an applicant, including any related or subsidiary documents.

Investors and RHI payments

26A

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

Calculation of RHI payments where metering is not required

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

Calculation of deemed annual heat generation

Calculation of eligible metered heat generated by heat pumps

Calculation of grant funding deduction

PART 1A — Scheme closure

Closure of the domestic RHI scheme to applications

2A

(1) Subject to this regulation—

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

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

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

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

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

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

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

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

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

Approval of documents published after scheme closure

2B

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

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

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

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

Exemption from requirement for metering

43A

(1) This regulation applies where the Authority—

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

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

(2) The Authority must—

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

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

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

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

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

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

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

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

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

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

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

(b) if an exemption is not requested or is not granted, the Authority has provided the participant and, where there is an assignment, the NRI with a metering statement under regulation46(5).

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

Ongoing obligations: provision of information

Replacement parts

47A

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

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

(a) uses a source of energy; and

(b) is replaced during repair work.

Changes in ownership of accredited domestic plants

Changes affecting registration and changes in requirements for metering and monitoring agreements

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