The Renewable Heat Incentive Scheme Regulations 2018

Made: 21st May 2018

Coming into force in accordance with regulation 1

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

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

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

PART 1 — Introductory provisions

Citation and commencement

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• (1) These Regulations may be cited as the Renewable Heat Incentive Scheme Regulations 2018 and come into force on the day after the day on which they are made.

Interpretation

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• (1) In these Regulations—

• “accreditation” means accreditation of an eligible installation by the Authority following an application under regulation 30;

• “accredited RHI installation” means an eligible installation which has been given accreditation;

• “additional biomethane” has the meaning given in regulation 77;

• “additional RHI capacity” has the meaning given in regulation 76;

• “air source heat pump” means a plant which generates heat by absorbing energy stored in the form of heat in the ambient air;

• “anaerobic digestion” means the bacterial fermentation of biomass in the absence of oxygen;

• “applicant” means a person who makes an application for accreditation, an application for registration, or an application for a tariff guarantee;

• “approved sustainable fuel” means solid biomass which is listed under a scheme approved by the Secretary of State in accordance with regulation 51;

• “biogas production plant” means a plant which produces biogas by anaerobic digestion, gasification or pyrolysis;

• “building” means any permanent or long-lasting building or structure of whatever kind and whether fixed or moveable which, except for doors and windows, is wholly enclosed on all sides with a roof or ceiling and walls;

• “certified installer” means a person who is certified by the Microgeneration Certification Scheme or a scheme which is—equivalent to that scheme; andunder which installers are certified to that scheme's standards by a certification body or organisation accredited to ... EN ISO/IEC 17065:2012 or a subsequent version of that standard;

• “CHP system” means a system which generates power and is (or may be) operated for purposes including the supply to any premises (using liquid or steam) of heat produced in association with that power;

• “CHPQA” means, except in regulation 27, the Combined Heat and Power Quality Assurance Standard, Issue 6, October 2016 or a subsequent version of that standard, whichever was relevant at the time of certification;

• “class 2 heat meter” means a heat meter which—complies with the relevant requirements set out in Annex I to the Measuring Instruments Directive;complies with the specific requirements listed in Annex VI (Thermal energy meters (MI-004)) to that Directive; andfalls within accuracy class 2 as defined in Annex VI (Thermal energy meters (MI-004)) to that Directive;

• “coefficient of performance” means the ratio of the amount of heating or cooling in kilowatts provided by a heat pump to the kilowatts of power consumed by the heat pump;

• “combustion unit” means—a boiler which uses solid biomass, or solid biomass contained in waste, as fuel; ora boiler, turbine or engine which uses biogas as fuel;

• “commissioned”, in relation to an eligible installation or equipment used to produce biomethane for injection, means the completion of such procedures and tests as constitute, at the time they are undertaken, the usual industry standards and practices for commissioning that type of eligible installation or equipment used to produce biomethane for injection in order to demonstrate that it is capable of operating and delivering heat to the premises or process for which it was installed , or producing biomethane for injection;

• “connected person”, in relation to an applicant or a participant, means any person connected to them within the meaning of section 1122 of the Corporation Tax Act 2010 ;

• “connection agreement” means an agreement between a person who proposes to inject biomethane into a pipe-line system and the operator of the pipe-line system which provides for the design and construction of a connection whereby the biomethane may be injected into the pipe-line system;

• “consumer prices index” means—the consumer prices index calculated and published by the Office for National Statistics; orwhere the index is not published for a year, any substituted index or figures published by that Office;

• “current information” means information which is no more than five working days out of date;

• “date of accreditation” means in relation to an accredited RHI installation which is—not a replacement plant, the later of—the first day which falls on or after the date of receipt by the Authority of the application for accreditation on which, in the Authority’s opinion, both—the application was properly made, andthe plant met the eligibility criteria; andthe day on which the plant was first commissioned; ora replacement plant, the date of accreditation of the original plant;

• “date of registration”, in relation to a producer of biomethane for injection, means the first day which falls on or after the date of receipt by the Authority of the application for registration on which the application was, in the Authority's opinion, properly made;

• “deep geothermal”, in relation to energy, means naturally occurring energy located and extracted from at least 500 metres beneath the surface of solid earth, and a “deep geothermal plant” means a plant which generates heat using such energy;

• “design heat load”, in relation to ground source heat pumps that are capable of heating and cooling, means the heat flow required to achieve the planned heating requirements for that plant;

• “domestic premises” means single, self-contained premises used wholly or mainly as a private residential dwelling where the fabric of the building has not been significantly adapted for non-residential use;

• “eligibility criteria” has the meaning given in regulation 4;

• “eligible biomethane” has the meaning given in regulation 73;

• “eligible installation” means a plant which meets the eligibility criteria;

• “eligible purpose”—where the installation capacity of an accredited RHI installation is modified under regulation 52A by the addition of one or more ground source heat pumps, in relation to that additional ground source heat pump or pumps, means either of the following purposes—heating a space;heating water;otherwise, means a purpose specified in regulation 3(2);

• “energy content” means the energy contained within a substance (whether measured by a calorimeter or determined in some other way) expressed in terms of the substance's gross calorific value within the meaning of BS 7420:1991 (Guide for the determination of calorific values of solid, liquid and gaseous fuels (including definitions)) ;

• “energy crop” means—a perennial crop planted at high density, the stems of which are harvested above ground level at intervals of less than 20 years and which is one of the following—Acer pseudoplatanus (also known as sycamore);Alnus (also known as alder);Betula (also known as birch);Castanea sativa (also known as sweet chestnut);Corylus avellana (also known as hazel);Fraxinus excelsior (also known as ash);Populus (also known as poplar);Salix (also known as willow);Tilia cordata (also known as small-leaved lime); ora perennial crop which is one of the following—Arundo donax (also known as giant reed);Bambuseae, where the crop was planted after 31st December 1989 and is grown primarily for the purpose of being used as fuel;Miscanthus;Panicum;Pennisetum, other than Pennisetum setaceum (also known as fountain grass), Pennisetum clandestinum (also known as kikuyu grass) and Pennisetum villosum (also known as feathertop grass);Phalaris;

• “environmental permit” means a permit issued in accordance with the provisions of the Environmental Permitting (England and Wales) Regulations 2016 or the Pollution Prevention and Control (Scotland) Regulations 2012 ;

• “environmental quality assurance scheme” means a voluntary scheme which establishes environmental or social standards in relation to the production of biomass or matter from which biomass is derived;

• “EPC” means an energy performance certificate within the meaning given—in relation to a property in England and Wales, by regulation 2(1) of the Energy Performance of Buildings (England and Wales) Regulations 2012 ;in relation to a property in Scotland, by regulation 2(1) of the Energy Performance of Buildings (Scotland) Regulations 2008 ;

• “extension application” has the meaning given in regulation 3B(3);

• “GWh” means gigawatt hours;

• “gasification” means the substoichiometric oxidation or steam reformation of a substance to produce a gaseous mixture containing two or all of the following: carbon, methane or oxides of carbon;

• “gas transporter” means the holder of a licence granted under section 7 of the Gas Act 1986 ;

• “ground loop”, in relation to a shared ground loop system, means the equipment which absorbs energy stored in the form of heat in the ground, including heat in water in the ground, or in surface water;

• “ground source heat pump” means—in the case of a shared ground loop system, the piece of equipment installed in each premises which generates heat in those premises using the heat energy provided by the ground loop;in all other cases, a plant which generates heat by absorbing energy stored in the form of heat in the ground, including water in the ground, or in surface water, but does not include a plant which is a deep geothermal plant;

• “guaranteed tariff” has the meaning given in regulation 35(9);

• “heat loss calculation” means a calculation of heat lost which is carried out in accordance with the guidance issued by the Chartered Institute of Building Services Engineers and contained in CIBSE Guide C: Reference Data (2007 edition) ;

• “heat meter” has the same meaning as that given to “thermal energy meter” in Annex VI (Thermal energy meters (MI-004)) to the Measuring Instruments Directive;

• “initial tariff” means the tariff calculated in accordance with regulation 60;

• “injection” means the introduction of gas into a pipe-line system operated by a gas transporter;

• “installation capacity”—in the case of a CHP system to which regulation 12(2)(b) or 13 applies, means the capacity determined by the formula—$X Y × P$where—X is the total installed peak heat output capacity of all the combustion units to which regulation 12(2)(b) or 13 applies which use the same source of energy;Y is the total installed peak heat output capacity of all the combustion units forming part of the CHP system; andP is the total installed peak heat output capacity of the CHP system;in the case of a shared ground loop system, means the sum of the total installed peak heat output capacities of each of the ground source heat pumps which form part of the shared ground loop system;for any other plant, means the total installed peak heat output capacity of the plant;

• “kWh” means kilowatt hours;

• “kWhth” means kilowatt hours thermal;

• “kWth” means kilowatt thermal;

• “large installation” means—a plant which generates heat from biogas with an installation capacity of 600kWth or above;a plant which generates heat using geothermal sources;a plant which is, or forms part of, a new solid biomass CHP system;any other plant which has an installation capacity of at least 1MWth;

• “local and national laws” means laws applying in the locality in which the site is situated, whether made at a local or national level;

• “maximum additional capacity” has the meaning given in regulation 77;

• “maximum initial capacity” means the maximum volume of biomethane, expressed in cubic metres per quarterly period which a participant is entitled to supply for injection under the network entry agreement applicable to the biomethane in relation to which an application for registration under regulation 32 is made;

• “Measuring Instruments Directive” means Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast) ;

• “MWth” means megawatt thermal;

• “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;

• “network entry agreement” means an agreement between a person who injects biomethane and a gas transporter under which the person who injects biomethane is entitled to inject biomethane into the pipe-line system operated by that gas transporter;

• “new solid biomass CHP system” means a CHP system which meets the requirements in regulation 13;

• “new-build property” means a property which is supplied with heat by a plant in respect of which an application for accreditation has been made, and which was first occupied on or after the date on which the plant was first commissioned;

• “NOₓ” means oxides of nitrogen;

• “ongoing obligations” means the obligations specified in Part 4 and regulations 48 to 50;

• “original biomethane” means biomethane which is produced by a relevant producer (within the meaning given in regulation 56) and which falls within that producer's maximum initial capacity;

• “original plant” means an accredited RHI installation which is replaced by a replacement plant;

• “participant” means—the owner of an accredited RHI installation or, where there is more than one such owner, the owner with authority to act on behalf of all owners in accordance with regulation 30(3); ora producer of biomethane for injection whose name appears on the central register referred to in regulation 32(10)(b);

• “periodic support payments” has the meaning given in regulation 3;

• “pipe-line system” has the same meaning as in section 5(10) of the Gas Act 1986 ;

• “PM” means particulate matter;

• “process” means any process other than the generation of electricity;

• “properly insulated” means—in respect of piping which is situated below the ground, insulated in accordance with—BS EN 253 (2009) ;BS EN 15632:2 and 3 (2010) and 15632:4 (2009) ; orBS EN 15698:1 (2009) ;in respect of piping which is situated above the ground, insulated so that the relevant maximum permissible heat losses set out in BS 5422:2009 are not exceeded;

• “properly made”, in relation to an application, means—in the case of an application made under regulation 30, an application which provides the information required by regulation 30(2) and (3);in the case of an application made under regulation 32, an application which provides the information required by regulation 32(2) and (4); andin the case of an application made under regulation 35, an application which provides the information required by regulation 35(4) or (5);

• “pyrolysis” means the thermal degradation of a substance in the absence of an oxidising agent (other than that which forms part of the substance itself) to produce char and one or both of gas and liquid;

• “quarterly period” means the first, second, third or fourth quarter of any year commencing with, or with the anniversary of—in relation to an accredited RHI installation, the tariff start date for that installation;in relation to a producer of biomethane for injection who is registered in relation to any original biomethane or additional biomethane, the tariff start date for the original biomethane;

• “relevant tariff” means the tariff applicable to the source of energy and technology and installation capacity of an accredited RHI installation, or to the production of biomethane;

• “replacement plant” means a plant which is installed in place of an original plant and uses the same source of energy and technology as the original plant;

• “retail prices index” means—the general index of retail prices (for all items) published by the Office for National Statistics; orwhere the index is not published for a year, any substituted index or figures published by that Office;

• “RHI emission certificate” means a document which meets the requirements in regulation 6;

• “the Scheme” has the meaning given in regulation 3(1);

• “Scheme closure” has the meaning given in regulation 3A(1);

• “seasonal performance factor”, in relation to an air source heat pump or a ground source heat pump, means the ratio of its heat output to electricity input expressed as an average over a year;

• “shared ground loop system” means a system in which a ground loop provides heat energy through a hydraulic connection to two or more ground source heat pumps installed in separate or the same premises, provided that not more than one ground source heat pump is installed in a single domestic premises;

• “solar collector” means a liquid filled flat plate or evacuated tube solar collector;

• “steam measuring equipment” means all the equipment needed to measure to the Authority's satisfaction the mass flow rate and energy of steam, including at least the following components—a flow meter;a pressure sensor;a temperature sensor; anda digital integrator or calculator able to determine the cumulative energy in megawatt hours thermal which has passed a specific point;

• “subsequent tariff” means the tariff calculated in accordance with regulation 62;

• “subsequent version”, in relation to a standard, means an issue or version of that standard approved by the Secretary of State under regulation 2A;

• “tariff” means the payment rate per kWhth in respect of an accredited RHI installation and per kWh in respect of biomethane injection;

• “tariff end date” means the last day of the tariff lifetime;

• “tariff guarantee” means a guarantee granted in accordance with regulation 35(7);

• “tariff lifetime”—in relation to an accredited RHI installation, means the period for which periodic support payments are payable for that installation; orin relation to a participant who is a producer of biomethane for injection, means the period for which that person is eligible to receive periodic support payments;

• “tariff period” means a three month period commencing with 1st January, 1st April, 1st July or 1st October in any year;

• “tariff start date”—in relation to an accredited RHI installation, means the date of accreditation of that installation;in relation to original biomethane in respect of which a producer of biomethane is registered, means the date of registration for that biomethane;in relation to additional biomethane in respect of which a producer of biomethane is registered, means the date of registration for that additional biomethane;

• “testing laboratory” means an organisation which carries out the testing of emissions from a plant either at permanent laboratory premises or away from those premises;

• “type-testing range” means a range of plants which have the same construction and design so that the testing of one or more plants in that range gives results capable of applying to all plants in the range, provided that—where the installation capacity of the smallest of the plants in the range is less than or equal to 500 kWth, the ratio of the installation capacity of the smallest plant to that of the largest plant in the type-testing range for which tests are carried out is no more than 1:2; orwhere the installation capacity of the smallest of the plants is greater than 500 kWth, then the difference in installation capacity between the smallest and largest of the plants within the type-testing range for which tests are carried out is no more than 500 kWth;

• “waste” has the meaning given in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste of 19 November 2008 and includes excreta produced by animals;

• “working day” means any day other than—a Saturday, Sunday, Good Friday, or Christmas Day; ora day which is a bank holiday in England, Wales or Scotland under the Banking and Financial Dealings Act 1971 .

• (2) Except in regulations 35 and 74, where these Regulations provide for a figure to be rounded, that figure must be rounded to the nearest hundredth of a penny, with any two hundredth of a penny being rounded upwards.

Renewable heat incentive scheme

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• (1) These Regulations make provision for the continuation of the incentive scheme to facilitate and encourage the renewable generation of heat (“the Scheme”) established by the Renewable Heat Incentive Scheme Regulations 2011 (which are revoked by regulation 92).

• (2) Subject to paragraph (4) and Parts 6 and 9, the Authority must make, to participants who are owners of accredited RHI installations, payments (referred to in these Regulations as “periodic support payments”) for generating heat that is—

• (a) used in a building for any of the following purposes—

• (i) heating a space;

• (ii) heating water;

• (iii) carrying out a process; or

• (b) used otherwise than in a building for either of the following purposes carried out on a commercial basis—

• (i) cleaning;

• (ii) drying.

• (3) Subject to Part 9, the Authority must make periodic support payments to participants who are producers of biomethane for injection.

• (4) The Authority must not make periodic support payments for the generation of heat by an accredited RHI installation which the Authority considers is used for an excluded heat use.

• (5) For the purposes of paragraph (4), the following are excluded heat uses—

• (a) drying digestate, where the heat is generated by an accredited RHI installation with a tariff start date—

• (i) on or after the date on which these Regulations come into force; or

• (ii) on or after 14th December 2016 but before the date on which these Regulations come into force, provided that the participant has elected to be subject to this regulation by notice to the Authority no later than one month after the date on which these Regulations come into force;

• (b) where paragraph (6) applies—

• (i) drying woodfuel, except where the heat is generated by an installation to which paragraph (7), (8), (8A) or (8B) applies;

• (ii) drying, cleaning, or processing waste , except where the heat is generated by an installation to which paragraph (8B) applies;

• (iii) heating water in a swimming pool, other than one which is used for a municipal or commercial purpose , except where the heat is generated by an installation to which paragraph (8B) applies.

• (6) This paragraph applies where—

• (a) the application for accreditation, including an application for additional RHI capacity, is received by the Authority; or

• (b) the participant otherwise begins to use heat generated by the installation for a use in paragraph (5)(b),

on or after the date on which these Regulations come into force;

• (7) This paragraph applies to an installation where the Authority is satisfied that—

• (a) the installation replaces a fossil fuel heat source which has been used to dry woodfuel in two out of the three preceding years;

• (b) the installation will meet a heat demand for commercial woodfuel drying that has existed previously in any two of the preceding three years; and

• (c) the capacity or heat output, or both, of the installation is not more than 10% above that of the fossil fuel heat source it replaces.

• (8) This paragraph applies to an installation where—

• (a) the Authority is satisfied that the development of the installation commenced before 29th January 2018; and

• (b) the application for accreditation was, in the Authority's opinion, properly made no later than 6 months after the date on which these Regulations come into force.

• (8A) This paragraph applies to a replacement plant where paragraph (7) or (8) applied to the original plant.

• (8B) This paragraph applies to a replacement plant where paragraph (6) did not apply to the original plant.

• (9) For the purposes of paragraph (5)(b)(i) the Authority may request evidence from the applicant to demonstrate that the wood which is being, or is intended to be, dried is not woodfuel.

• (10) For the purposes of paragraph (8)(a) the Authority may request evidence from the applicant, including in particular—

• (a) that—

• (i) any necessary planning permission has been granted; or

• (ii) planning permission is not required;

• (b) of construction costs of the installation;

• (c) that any necessary equipment has been ordered or received and paid for.

• (11) For the purposes of paragraph (5)—

• “digestate” means any substance, except biogas, which is generated from a biogas production plant producing biogas by anaerobic digestion;

• “woodfuel” means any wood which is intended to be burned, including in particular—woodchip;logs;pellets;briquettes; andwaste wood including sawdust,regardless of whether the wood will undergo any other process before burning.

PART 2 — Eligibility and matters relating to eligibility

CHAPTER 1 — Eligible installations

Eligible installations

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• (1) A plant meets the criteria for being an eligible installation (the “eligibility criteria”) if—

• (a) regulation 5, 7, 8, 9, 10, 11, 12, 13, 14 or 15 applies; and

• (b) the plant satisfies the requirements set out in—

• (i) regulation 16(1);

• (ii) regulation 17; ...

• (iii) regulation 17A; and

• (iv) Chapter 3.

• (2) But this regulation is subject to regulations 19 , 20 and 55A(5).

CHAPTER 2 — Eligibility criteria for technologies

Eligible installations generating heat from solid biomass

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• (1) This regulation applies if the plant complies with all of the following requirements—

• (a) it generates heat from solid biomass, excluding solid biomass contained in waste;

• (b) in the case of a plant with an installation capacity of 45kWth or less, the plant meets the requirements in regulation 18;

• (c) in the case of a plant for which an application for accreditation is made on or after 24th September 2013—

• (i) an environmental permit subsists in relation to that plant, or

• (ii) an RHI emission certificate applies to that plant.

• (2) Paragraph (1)(c) does not apply to plants in respect of which preliminary accreditation was granted before 24th September 2013 (and such preliminary accreditation has not been withdrawn).

• (3) For the purposes of this regulation, an RHI emission certificate applies to a plant (A) if the information in that certificate is based on testing—

• (a) A;

• (b) a plant of the same make, model and installation capacity as A; or

• (c) any other plant in the same type-testing range as A.

RHI emission certificates

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An RHI emission certificate is a document that meets the following requirements—

• (a) the document must be issued by a testing laboratory;

• (b) where the information contained in the document is based on testing carried out on or after 24th September 2013, the testing laboratory that issued the document must be accredited to BS EN ISO/IEC 17025:2017 or a subsequent version of that standard at the time of testing; and

• (c) the document must contain the information set out in Schedule 1.

Eligible installations generating heat from solid biomass contained in waste

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This regulation applies if the plant generates heat from solid biomass contained in waste.

Eligible installations generating heat using solar collectors

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This regulation applies if the plant complies with all of the following requirements—

• (a) it generates heat using a solar collector;

• (b) it has an installation capacity of less than 200kWth;

• (c) in the case of a plant with an installation capacity of 45kWth or less, the plant meets the requirements in regulation 18.

Eligible installations generating heat using ground source heat pumps

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• (1) This regulation applies if the plant complies with all of the following requirements—

• (a) it is a ground source heat pump;

• (b) where the tariff start date of the plant is on or after the date on which these Regulations come into force, it does not form part of a shared ground loop system;

• (c) it generates heat using naturally occurring energy;

• (d) in the case of a plant with an installation capacity of 45kWth or less, the plant meets the requirements in regulation 18;

• (e) it has a coefficient of performance of at least 2.9; and

• (f) in the case of a plant in respect of which an application for accreditation is made on or after 28th May 2014—

• (i) the plant is designed and installed to operate with a seasonal performance factor of at least 2.5; and

• (ii) where the plant is capable of heating and cooling, a design heat load for the plant has been calculated in accordance with BS EN 12831-1:2017 or a subsequent version of that standard.

• (2) Paragraph (3) applies where—

• (a) an application for accreditation in respect of the plant is made on or after 28th May 2014; and

• (b) the plant was first commissioned on or after 4th December 2013.

• (3) Where this paragraph applies, the requirement in paragraph (1)(c) is deemed to be satisfied where, in addition to using naturally occurring energy in the form of heat, the plant—

• (a) uses solar energy which—

• (i) has been gathered by any means other than by a solar collector which is an accredited RHI installation; and

• (ii) is stored in the ground in the form of heat;

• (b) uses heat from space cooling or process cooling; or

• (c) uses heat from processes other than the generation of heat.

Eligible installations generating heat using air source heat pumps

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This regulation applies if the plant complies with all of the following requirements—

• (a) it is an air source heat pump;

• (b) in the case of a plant with an installation capacity of 45kWth or less, the plant meets the requirements in regulation 18;

• (c) it has a coefficient of performance of at least 2.9;

• (d) it has been designed and installed to operate with a seasonal performance factor of at least 2.5;

• (e) it is not designed to provide cooling; and

• (f) it is not designed to use heat in air which has been expelled—

• (i) from a building; or

• (ii) directly from a process which generates heat.

Eligible installations which are shared ground loop systems

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• (1) This regulation applies if the plant is a shared ground loop system which complies with the requirements in paragraphs (2) and (4).

• (2) Each ground source heat pump which forms part of the shared ground loop system must comply with the following requirements—

• (a) it was first commissioned as part of the shared ground loop system on or after 14th December 2016;

• (b) it generates heat using naturally occurring energy;

• (c) in the case of a ground source heat pump installed in domestic premises with an installed peak heat output capacity of 45kWth or less, it meets the requirements in regulation 18;

• (d) it has a coefficient of performance of at least 2.9;

• (e) it is designed and installed to operate with a seasonal performance factor of at least 2.5;

• (f) where it is capable of heating and cooling and is not installed in domestic premises, a design heat load for the ground source heat pump has been calculated in accordance with BS EN 12831-1:2017 or a subsequent version of that standard;

• (g) where it is installed in domestic premises, an EPC must have been issued for that premises and one of the following requirements must be met—

• (i) the property is a new-build property; or

• (ii) the period commencing with the date on which the EPC was issued and ending on the date of application under regulation 30 is less than 24 months and the requirements in paragraph (5) are met.

• (3) The requirement in paragraph (2)(b) is deemed to be satisfied where, in addition to using naturally occurring energy in the form of heat, the ground source heat pump—

• (a) uses solar energy which—

• (i) has been gathered by any means other than by a solar collector which is an accredited RHI installation; and

• (ii) is stored in the ground in the form of heat;

• (b) uses heat from space cooling or process cooling; or

• (c) uses heat from processes other than the generation of heat.

• (4) The shared ground loop system must be designed and installed to operate with a seasonal performance factor of at least 2.5.

• (5) For the purposes of paragraph (2)(g)(ii), the requirements in this paragraph are met if the EPC—

• (a) does not include a recommendation report;

• (b) includes a recommendation report which does not recommend that loft insulation or cavity wall insulation is installed; or

• (c) includes a recommendation report which recommends that loft insulation or cavity wall insulation is installed, but that insulation cannot be installed as its installation—

• (i) 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 species protected in accordance with the Wildlife and Countryside Act 1981 ;

• (ii) would otherwise be unlawful; or

• (iii) is not feasible due to local environmental conditions or the structure of the property.

Eligible installations which are CHP systems

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• (1) This regulation applies if the plant is a CHP system which complies with the requirements in paragraphs (2) and (3).

• (2) The requirements in this paragraph are that the CHP system generates heat and power from—

• (a) one of the sources of energy set out in paragraph (5) alone; or

• (b) solid biomass, solid biomass contained in waste or biogas, alone or in any combination or with any other source of energy, provided that—

• (i) the combustion unit in which that solid biomass, solid biomass contained in waste or biogas is burned was first commissioned as part of a CHP system on or after 4th December 2013;

• (ii) the combustion unit was new at the time of installation;

• (iii) (except in relation to the use of solid biomass contaminated with fossil fuel) the combustion unit in which that solid biomass, solid biomass contained in waste or biogas is burned is a separate combustion unit from that in which any other fuel is burned.

• (3) Where energy is supplied to the CHP system from a combustion unit in which solid biomass (excluding solid biomass contained in waste) is burned, the requirements in this paragraph are that where an application for accreditation relating to the CHP system of which the combustion unit forms part was made on or after 24th September 2013, that combustion unit complies with the requirements in regulation 5(1)(c)(i) or (ii).

• (4) The requirements in paragraph (2)(b)(i) and (ii) are deemed to be satisfied where the combustion unit was previously supplying energy for the generation of power only and the plant to which it supplies energy was first commissioned as a CHP system on or after 4th December 2013.

• (5) The sources of energy referred to in paragraph (2)(a) are—

• (a) solid biomass (excluding solid biomass contained in waste);

• (b) solid biomass contained in waste;

• (c) biogas, provided that the combustion unit in which the biogas is burned does not generate heat from solid biomass;

• (d) deep geothermal energy.

• (6) In the case of a CHP system which generates heat and power from biogas, references in this regulation to “combustion unit” include the biogas production plant which produces the biogas which is used in the combustion unit.

Eligible installations which are new solid biomass CHP systems

13

• (1) This regulation applies if the plant is a CHP system which complies with the requirements in paragraphs (2) and (3).

• (2) The requirement in this paragraph is that the CHP system is certified under CHPQA.

• (3) The requirements in this paragraph are that the CHP system generates heat and power from solid biomass (excluding solid biomass contained in waste) alone or in combination with any other source of energy provided that the combustion unit in which that solid biomass is burned—

• (a) is first commissioned as part of a CHP system on or after 4th December 2013;

• (b) was new at the time of installation;

• (c) except in relation to the use of solid biomass contaminated with fossil fuel, is a separate combustion unit from that in which any other fuel is burned; and

• (d) complies with the requirements in regulation 5(1)(c)(i) and (ii).

• (4) The requirements in paragraph (3)(a) and (b) are deemed to be satisfied where the combustion unit was previously supplying energy for the generation of power only and the plant to which it supplies energy is first commissioned as a CHP system on or after 4th December 2013.

Eligible installations generating heat using geothermal sources

14

This regulation applies if the plant generates heat using naturally occurring energy located and extracted from at least 500 metres beneath the surface of solid earth.

Eligible installations generating heat using biogas

15

This regulation applies if the plant generates heat from biogas alone.

Other eligibility requirements for technologies

16

• (1) The requirements referred to in regulation 4(b)(i) are—

• (a) except where regulation 12(2)(b) or 13 applies—

• (i) in the case of a plant generating heat using biogas combustion with an installation capacity of 200kWth or above or an air source heat pump, the plant was first commissioned on or after 4th December 2013;

• (ii) in all other cases, installation of the plant was completed and the plant was first commissioned on or after 15th July 2009;

• (b) except where regulation 12(2)(b) or 13 applies, the plant was new at the time of installation;

• (c) the plant uses liquid or steam as a medium for delivering heat to the space, water or process or to any of the purposes in regulation 3(2)(b); and

• (d) the heat generated by the plant is used for an eligible purpose.

• (2) In the case of a CHP system—

• (a) the requirements of paragraph (1)(a)(i) and (b) are deemed to be satisfied where a plant was previously generating electricity only, using biogas, and was first commissioned as a CHP system on or after 4th December 2013; and

• (b) the requirements of paragraph (1)(a)(ii) and (b) are deemed to be satisfied where the plant was previously generating electricity only, using solid biomass, solid biomass contained in waste, or biogas, and was first commissioned as a CHP system on or after 15th July 2009.

• (3) But the requirements of paragraph (1)(a) and (b) are not satisfied where the plant was previously generating heat only and was first commissioned as a CHP system on or after 15th July 2009.

Planning permission

17

The requirement referred to in regulation 4(1)(b)(ii) is that, where an application for accreditation is made on or after the date on which these Regulations come into force, any necessary planning permission has been granted in relation to the plant.

Certification for installation of microgeneration heating equipment

18

• (1) A plant meets the requirements set out in this regulation if it is certified under—

• (a) the Microgeneration Certification Scheme as installed in accordance with a relevant installation standard in that scheme; or

• (b) a scheme—

• (i) where installers are certified to that scheme's standards by a certification body or organisation accredited to ... EN ISO/IEC 17065:2012 or a subsequent version of that standard;

• (ii) where the plant is installed in accordance with the installation requirements applicable to the plant under that scheme on the plant's first commissioning date and which are equivalent to a relevant installation standard; and

• (iii) which is equivalent to the Microgeneration Certification Scheme.

• (2) In paragraph (1), if the first commissioning date for the plant is on or after the date on which these Regulations come into force, “relevant installation standard” means—

• (a) where the plant generates heat from solid biomass or solid biomass contained in waste, version 4.2 of the document entitled “Microgeneration Installation Standard: MIS 3004 requirements for MCS contractors undertaking the supply, design, installation, set to work, commissioning and handover of solid biofuel heating systems” published on 6th May 2015 or a subsequent version of that standard;

• (b) where the plant is a ground source heat pump or air source heat pump—

• (i) Issue 1.0 of the document entitled “Microgeneration Installation Standard: MIS 3005-D The Heat Pump Standard (Design)”, published on 1stDecember 2021, or a subsequent version of that standard; and

• (ii) Issue 1.0 of the document entitled “Microgeneration Installation Standard: MIS 3005-I The Heat Pump Standard (Installation)”, published on 1stDecember 2021, or a subsequent version of that standard; or

• (c) where the plant generates heat using a solar collector, Issue 5.0 of the document entitled “Microgeneration Installation Standard: MIS 3001 The Solar Thermal Standard (Installation)”, published on 1stDecember 2021, or a subsequent version of that standard.

• (3) In paragraph (1), if the first commissioning date for the plant is earlier than the date on which these Regulations come into force, “relevant installation standard” means any installation requirements applicable to the plant under the Microgeneration Certification Scheme, or an equivalent scheme, on the plant's first commissioning date.

Plants comprising more than one plant

19

• (1) Subject to paragraphs (2) and (3), the eligibility criteria are not met if the plant in respect of which eligibility is being determined comprises more than one plant.

• (2) A plant is not treated as comprising more than one plant for the purposes of paragraph (1) where it comprises two or more plants (“component plants”) which—

• (a) use the same source of energy and technology;

• (b) form part of the same heating system;

• (c) are not accredited RHI installations; and

• (d) meet the eligibility criteria, but the requirements in regulation 18 do not need to be met where the combined installation capacity of the component plants is over 45kWth.

• (3) Additional RHI capacity is not to be regarded as a separate plant for the purpose of this regulation.

Excluded plants

20

• (1) The eligibility criteria are not met if the plant—

• (a) is generating heat predominantly for the use of one domestic premises, except where it is also generating heat for one or more other domestic premises;

• (b) is, in the Authority's opinion, generating heat solely for a purpose which is not an eligible purpose, or for an excluded heat use within the meaning of regulation 3(4); or

• (c) is a plant which—

• (i) is additional RHI capacity and was first commissioned more than 12 months after the original installation (within the meaning of regulation 76) was first commissioned;

• (ii) generates heat using a solar collector or, in the case of additional RHI capacity commissioned before 4th December 2013, using biogas; and

• (iii) has an installation capacity which, together with the installation capacities of all related plants, is 200kWth or above.

• (2) For the purposes of this regulation, “related plant” means any plant for which an application for accreditation has been made (whether or not it has been accredited) which uses the same source of energy and technology and forms part of the same heating system as the plant referred to in paragraph (1)(c).

CHAPTER 3 — Eligibility criteria in relation to metering and steam measuring

Metering of plants in simple systems where application for accreditation of the plant was made before 24th September 2013

21

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

Metering of plants in complex systems where application for accreditation of the plant was made before 24th September 2013

22

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

Metering in respect of applications for accreditation made on or after 24th September 2013

23

• (1) Subject to regulation 24, this regulation applies to any plant in respect of which an application for accreditation is made ....

• (2) Subject to paragraph (3) and regulation 27—

• (a) where heat generated by the plant is delivered by liquid—

• (i) one class 2 heat meter, and

• (ii) such other class 2 heat meters as may be necessary,

must be installed so as to enable the kWhth of heat generated by that plant which is used for eligible purposes to be determined;

• (b) where heat generated by the plant is delivered by steam—

• (i) such steam measuring equipment as may be necessary, and

• (ii) such class 2 heat meters to measure any condensate returning to the plant as may be necessary,

must be installed so as to enable the kWhth of heat generated by that plant which is used for eligible purposes to be determined.

• (3) For the purposes of determining the heat generated by a plant which is used for eligible purposes it is not necessary to measure heat loss—

• (a) which may be disregarded in accordance with regulation 75(2), or

• (b) for which a heat loss calculation may be provided in accordance with regulation 75(4) or (5).

Metering in respect of shared ground loop systems

24

• (1) Subject to paragraph (2), regulation 23 applies in respect of each ground source heat pump which forms part of a shared ground loop system.

• (2) But where a ground source heat pump which forms part of a shared ground loop system is installed in domestic premises, regulation 23 only applies if one or more of the following conditions is met—

• (a) the ground source heat pump provides heat to the same property as another plant (“plant B”), unless plant B—

• (i) is a solar thermal plant;

• (ii) is designed and installed to heat only one room;

• (iii) captures heat from air which is expelled from the property and transfers that heat into fresh air entering that property without generating additional heat;

• (iv) is an immersion heater for a domestic hot water cylinder or is any other plant which solely generates heat for the purpose of heating domestic hot water; or

• (v) is a supplementary electric heater which is controlled by the same control system as the control system governing the ground source heat pump;

• (b) the property to which the ground source heat pump provides heat was occupied for less than 183 days in the 12 month period ending with the tariff start date for the shared ground loop system and is not a new-build property; or

• (c) the ground source heat pump is capable of using a fuel when generating heat for an eligible purpose.

• (3) Where a ground source heat pump which forms part of a shared ground loop system is installed in domestic premises and one or more of the conditions in paragraph (2) is met, a certified installer must have been responsible for the installation of any heat meter required by these Regulations.

Electricity metering in respect of ground source and air source heat pumps in respect of which the application for accreditation is made on or after 28th May 2014 and shared ground loop systems

25

• (1) This regulation applies to any ground source heat pump or air source heat pump in respect of which an application for accreditation is made on or after 28th May 2014 and to shared ground loop systems.

• (2) Where this regulation applies to a ground source heat pump or air source heat pump, the following meters must be installed—

• (a) such electricity meters as will enable the seasonal performance factor of the heat pump to be determined to the satisfaction of the Authority;

• (b) in the case of a ground source heat pump, where that heat pump is capable of simultaneous heating and cooling, such metering as will enable the heat drawn from the ground, including water in the ground, or from surface water, to be measured.

• (3) Where this regulation applies to a shared ground loop system—

• (a) paragraph (2)(a) applies in respect of each ground source heat pump which forms part of the shared ground loop system for which heat is required to be metered under regulation 24;

• (b) where heat generated by a ground source heat pump which forms part of the shared ground loop system is not required to be metered under regulation 24, such electricity meters must be installed as will enable the electrical input into the ground source heat pumps to be metered;

• (c) paragraph (2)(b) applies in respect of the ground loop where any of the ground source heat pumps which form part of the shared ground loop system is capable of simultaneous heating and cooling;

• (d) where a ground source heat pump is installed in domestic premises—

• (i) such electricity meters must be installed as will enable the measurement of the electrical input into—

• (aa) any supplementary electric heater that is controlled by the same control system which governs the ground source heat pump; or

• (bb) any immersion heater for a domestic hot water cylinder where the heater is controlled by the same control system which governs the ground source heat pump; and

• (ii) any electricity meter installed in accordance with paragraph (i) which is not an on-board meter, must—

• (aa) be properly calibrated;

• (bb) be properly installed by, or under the responsibility of, a certified installer;

• (cc) be in good working order; and

• (dd) bear a label which identifies the ground source heat pump, supplementary electric heater or immersion heater being metered; and

• (e) such electricity meters must be installed as will enable the electrical input into any ground loop circulation pump to be measured, and those which are not on-board meters must—

• (i) be properly calibrated;

• (ii) be properly installed;

• (iii) be in good working order; and

• (iv) bear a label which identifies the circulation pump being metered.

• (4) An electricity meter installed in accordance with paragraph (3) in domestic premises must, except in the case of an on-board meter, meet the relevant requirements set out in Annex 1 to the Measuring Instruments Directive, the specific requirements listed in Annex V (Active electrical energy meters (MI-003)) to that Directive and the requirements for accuracy class A as defined in Annex V to that Directive.

• (5) In this regulation, “on-board meter” means an electricity meter which is integrated into a ground source heat pump and is able to display the electricity consumption, in kWh, of the ground source heat pump, including where applicable, the electricity consumption of a ground loop circulation pump contained within it.

Shared meters

26

• (1) The heat generated by a plant must be individually metered.

• (2) But the heat generated by two or more plants may be metered using one meter provided that—

• (a) the plants use the same source of energy and technology;

• (b) the plants will, once given accreditation, be eligible to receive the same tariff;

• (c) the plants will then share the same tariff start date and tariff end date; and

• (d) it is the Authority's opinion that a single meter is capable of metering the heat generated by all of those plants.

Metering of CHP systems generating electricity only before commissioning as a CHP system

27

• (1) This regulation applies where the plant is a CHP system and the requirements of regulation 16(1)(a) and (b) are deemed to be satisfied in accordance with regulation 16(2).

• (2) Where this regulation applies, any existing heat meter or steam measuring equipment installed before 28th November 2011 may continue to be used by a participant to measure the heat generated by the CHP system and used for eligible purposes, provided that the CHP system was registered under the CHPQA before that date.

• (3) For the purpose of this regulation, “the CHPQA” means the Combined Heat and Power Quality Assurance Standard, Issue 3, January 2009, as published by the Department of Energy and Climate Change .

Matters relating to all heat meters and steam measuring equipment

28

• (1) All heat meters installed or used in accordance with these Regulations must, where applicable—

• (a) be calibrated prior to use;

• (b) be calibrated correctly for any water/ethylene glycol mixture;

• (c) be (or have been) properly installed in accordance with the manufacturer's instructions; and

• (d) be positioned to provide accurate measurements.

• (2) All steam measuring equipment installed or used in accordance with these Regulations must be—

• (a) calibrated prior to use;

• (b) capable of displaying measured steam pressure and temperature;

• (c) capable of displaying the current steam mass flow rate and the cumulative mass of steam which has passed through it since it was installed;

• (d) properly installed in accordance with the manufacturer's instructions; and

• (e) positioned to provide accurate measurements.

• (3) The requirements in paragraphs (1)(c) and (2)(d) are deemed to be met where the Authority is satisfied that, were the plant to be accredited, the participant would not as a consequence of the failure to install in accordance with the manufacturer's instructions, be entitled to receive periodic support payments which were materially different from those which would have been payable had the manufacturer's instructions been complied with.

Additional metering requirements for plants generating heat from biogas

29

Where a plant is generating heat from biogas, the following additional metering requirements apply—

• (a) a class 2 heat meter must be installed to meter any heat directed from the plant combusting the biogas to the biogas production plant; and

• (b) a class 2 heat meter must be installed to meter any heat supplied to the biogas production plant from any source other than—

• (i) the plant combusting the biogas; and

• (ii) where the biogas has been produced by anaerobic digestion, the feedstock from which it was produced.

PART 3 — Accreditation, registration and tariff guarantees

Applications for accreditation

30

• (1) An owner of a plant, including a plant which is additional RHI capacity, may apply for it to be accredited.

• (2) All applications for accreditation must be made in writing to the Authority and must be supported by—

• (a) such of the information specified in Schedule 2 as the Authority may require;

• (b) a declaration that the information provided by the applicant is accurate to the best of the applicant's knowledge and belief;

• (c) a declaration that the applicant is the owner, or one of the owners, of the plant for which accreditation is being sought;

• (d) if the plant is a large installation, a declaration as to the total heat in kWhth which the applicant expects that plant to generate each year for eligible purposes; and

• (e) any other declarations which the Authority reasonably requires in order to allow the application to be determined.

• (3) The Authority must, where the plant is owned by more than one person, require that—

• (a) an application submitted under this regulation is made by only one of those owners;

• (b) the applicant has the authority from all other owners to be the participant for the purposes of the Scheme; and

• (c) the applicant provides to the Authority, in such manner and form as the Authority may request, evidence of that authority.

• (4) Where the Authority considers that further information is necessary for the purpose of determining an application it may by notice—

• (a) specify further information which the applicant is required to provide under Schedule 2;

• (b) specify a period of no less than four weeks starting with the date of the notice within which that information must be provided; and

• (c) inform the applicant that failure to provide the requested information within that period may result in the application being rejected.

• (5) The Authority may by notice extend the period specified in a notice under paragraph (4)(b) where it is satisfied that it is reasonable to do so.

• (6) The Authority may reject an application for accreditation if, within the period specified under paragraph (4)(b) or, where applicable, paragraph (5), the applicant has failed to provide the information specified in a notice given under paragraph (4).

• (6A) The Authority may reject an application for accreditation if the Authority considers that—

• (a) the plant is materially different from the plant which was proposed in an extension application under regulation 3B;

• (b) there has been a material change in circumstances such that, had the extension application been made after the change, it would have been rejected;

• (c) the information on which the decision to grant the extension application was based was incorrect in a material particular;

• (d) the applicant failed to comply with any condition imposed under regulation 3B(7).

• (6B) For the purpose of paragraph (6A)(a)—

• (a) the Authority may take into account such matters as are, in the Authority’s opinion, relevant, including—

• (i) the location of the plant;

• (ii) the installation capacity of the plant; and

• (iii) the source of energy and technology or design of the plant;

• (b) a plant is materially different in a case where—

• (i) the installation capacity is at least 10% greater or smaller than the installation capacity proposed in an extension application under regulation 3B; or

• (ii) the installation capacity is such that a different tariff would apply.

• (7) Before accrediting a plant, the Authority may request entry to the site without notice at any reasonable hour to carry out site inspections, in order to satisfy itself that the plant should be accredited.

• (8) The Authority may, in granting accreditation, attach such conditions as it considers to be appropriate.

• (9) Where an application for accreditation has, in the Authority's opinion, been properly made and the Authority is satisfied that the plant is an eligible installation the Authority must (subject to paragraphs (12) to (14) and regulations 3A, 31 and 81(4))—

• (a) accredit the eligible installation;

• (b) notify the applicant in writing that the application has been successfully completed and the applicant is a participant;

• (c) enter on a central register maintained by the Authority the applicant's name and such other information as the Authority considers necessary for the proper administration of the Scheme;

• (d) notify the applicant of any conditions attached to the accreditation;

• (e) in relation to an applicant who is or will be generating heat from solid biomass or solid biomass contained in waste, having regard to the information provided by the applicant, specify by notice to the applicant which of regulation 37, 38 or 39 applies;

• (f) provide the applicant with a written statement (“statement of eligibility”) including the following information—

• (i) the date of accreditation;

• (ii) the tariff which will apply;

• (iii) the process and timing for providing meter readings;

• (iv) details of the frequency and timetable for periodic support payments; and

• (v) the tariff lifetime and tariff end date.

• (9A) Where a plant is accredited after Scheme closure following an extension application under regulation 3B, the tariff applicable at the tariff start date is the initial tariff which would have applied in accordance with regulation 60 had the tariff start date been the date on which the properly made extension application (within the meaning of regulation 3B(9)) was received by the Authority.

• (10) Where the Authority does not accredit a plant it must notify the applicant in writing that the application for accreditation has been rejected, giving reasons.

• (11) Once a specification made in accordance with paragraph (9)(e) has been notified to an applicant, it cannot be changed except where the Authority considers that an error has been made or on the receipt of new information by the Authority which demonstrates that the specification should be changed.

• (12) The Authority—

• (a) must not accredit an eligible installation if it has not been commissioned;

• (b) may reject an application to accredit an eligible installation where the Authority rejected a previous application for accreditation made by the applicant, or a connected person, on the ground that information contained in the previous application was incorrect or misleading in a material particular.

• (13) The Authority may refuse to accredit an eligible installation where it considers that one or more of the applicable ongoing obligations will not be complied with.

• (14) The Authority must not accredit a plant if—

• (a) it is, or at any time has been, an accredited domestic plant;

• (b) an application for accreditation of the plant has been made under the Domestic Renewable Heat Incentive Scheme Regulations 2014 and that application has not been withdrawn by the applicant or rejected by the Authority;

• (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;

• (d) the applicant refused to allow the Authority access to the site for the purposes of a site inspection under paragraph (7), and—

• (i) the Authority is not satisfied that the refusal was reasonable; and

• (ii) any subsequent access granted by the applicant for the purposes of a site inspection was not sufficient to enable the Authority to satisfy itself that the plant should be accredited.

• (15) In this regulation “accredited domestic plant” has the meaning given by regulation 2(1) of the Domestic Renewable Heat Incentive Scheme Regulations 2014.

Treatment of grants from public funds

31

• (1) Subject to paragraphs (2) and (6), the Authority must not accredit an eligible installation or register a producer of biomethane for injection in respect of any original biomethane or additional biomethane unless the applicant has given notice (which the Authority has no reason to believe is incorrect) that, as applicable—

• (a) no grant from public funds has been paid or will be paid in respect of any of the costs of purchasing or installing the eligible installation or any of the equipment used to produce the biomethane for which the applicant is intending to claim periodic support payments; or

• (b) such a grant was paid and has been repaid to the person or authority who made it.

• (2) Where some or all of the purchase or installation costs of the eligible installation or the equipment used to produce any original biomethane were funded by any grant from public funds and—

• (a) the applicant demonstrates to the satisfaction of the Authority that the person or authority who made the grant has—

• (i) refused to accept repayment of the grant, or

• (ii) ceased to exist; or

• (b) paragraph (3) applies,

the Authority may accredit the eligible installation or register the producer of biomethane for injection (as the case may be), but a grant funding deduction must be deducted from each quarterly periodic support payment in accordance with paragraphs (4) and (5).

• (3) This paragraph applies where—

• (a) a grant originates from funds raised by the National Lottery; and

• (b) on or after 15th July 2009 but not later than 28th November 2014—

• (i) installation of the plant was completed and the plant was first commissioned; or

• (ii) installation of the equipment used to produce biomethane was completed and injection of biomethane produced by that applicant has commenced.

• (4) A grant funding deduction for each quarterly period is calculated in accordance with the following formula—

$$A 80$where—for the quarterly period commencing on the tariff start date, the figure that the Authority believes, based on all relevant information available to the Authority at the time, represents the total value of any grants from public funds to which paragraph (2) refers;for any subsequent quarterly period that does not include 1st April of any year, the value of A in the previous quarterly period;for any subsequent quarterly period that includes 1st April of any year, the value of A in the previous quarterly period adjusted by the percentage increase or decrease in the consumer prices index for the previous calendar year, the resulting figure being rounded.$

• (5) Where a grant funding shortfall arises, the Authority must deduct from the periodic support payments (“P”) payable in the subsequent quarterly period and any quarterly period thereafter, the grant funding deduction for that period together with such part of the grant funding shortfall as remains outstanding provided that the total amount so deducted does not exceed P.

• (6) Where an application for registration in respect of additional biomethane is made under regulation 77—

• (a) a reference to a grant in paragraph (1) does not include a grant in respect of equipment used to produce that additional biomethane if the equipment is also used to produce original biomethane and a grant funding deduction is already being made in respect of the grant; and

• (b) paragraphs (2) to (4) do not apply in respect of the application.

• (7) In this regulation—

• “grant from public funds” means a grant made by a public authority or by any person distributing funds on behalf of a public authority;

• “grant funding shortfall” means the amount by which the grant funding deduction exceeds the periodic support payment in any quarterly period;

• “National Lottery” means the National Lottery as referred to in section 1 of the National Lottery etc. Act 1993 .

Producers of biomethane

32

• (1) A producer of biomethane for injection may apply to the Authority to be registered as a participant.

• (2) Applications for registration must be in writing and supported by—

• (a) such of the information specified in Schedule 2 as the Authority may require;

• (b) a declaration that the information provided by the applicant is accurate to the best of the applicant's knowledge and belief;

• (c) details of the process by which the applicant proposes to produce biomethane for injection; and

• (d) a declaration as to the volume in cubic metres of biomethane which the applicant expects to produce for injection each year.

• (3) Before registering a producer of biomethane for injection as a participant, the Authority may request access without notice at any reasonable hour to carry out inspections of any equipment which is being used to produce the biomethane for which the applicant is intending to claim periodic support payments (including equipment used to produce the biogas from which that biomethane is made) in order to satisfy itself that the applicant should be registered.

• (4) Where the applicant is not also the person producing the biogas used to make the biomethane in respect of which that application is made, the Authority may require—

• (a) that the applicant has the authority from all persons who produce the biogas from which the biomethane is made to be the participant; and

• (b) that the applicant provides to the Authority, in such manner and form as the Authority may request, evidence of that authority.

• (4A) Where a producer of biomethane for injection makes an application for registration on or after 20th June 2018, the Authority must not register an applicant unless—

• (a) the applicant has specified the biogas production plant to be used for the purposes of its registration; and

• (b) the equipment used to produce biomethane has been commissioned.

• (5) Where the Authority considers that further information is necessary for the purpose of determining an application, it may by notice—

• (a) specify further information which the applicant is required to provide;

• (b) specify a period of no less than four weeks starting with the date of the notice within which that information must be provided; and

• (c) inform the applicant that failure to provide the requested information within that period may result in the application being rejected.

• (6) The Authority may by notice extend the period specified in a notice under paragraph (5)(b) where it is satisfied that it is reasonable to do so.

• (7) The Authority may refuse to register an applicant if, within the period specified under paragraph (5)(b) or, where applicable, (6), the applicant has failed to provide the information specified in a notice given under paragraph (5).

• (8) The Authority may in registering an applicant attach such conditions as it considers appropriate.

• (9) The Authority must specify the maximum initial capacity in respect of which the participant is registered.

• (10) Where the application for registration has, in the Authority's opinion, been properly made, the Authority must (subject to paragraphs (11) to (14) and regulations 3A, 31 and 81(4))—

• (a) notify the applicant in writing that registration has been successfully completed and the applicant is a participant;

• (b) enter on a central register maintained by the Authority the date of registration and the applicant's name;

• (c) notify the applicant of any conditions attached to their registration as a participant;

• (d) notify the applicant of the maximum initial capacity specified in accordance with paragraph (9); and

• (e) send the applicant a statement of eligibility including the tariff end date and such other of the information specified in regulation 30(9)(f) as the Authority considers applicable.

• (11) The Authority may refuse to register an applicant where it considers that one or more of the applicable ongoing obligations will not be complied with.

• (12) Where an application for registration is made on or after the date on which these Regulations come into force, the Authority must not register an applicant unless any necessary planning permission has been granted in respect of the processes by which the biogas which is used to produce the biomethane is produced, the biogas is converted into biomethane, or the biomethane is injected.

• (12A) Where an application for registration is made on or after 1st October 2018, the Authority must not register an applicant unless—

• (a) any necessary environmental permits have been granted in respect of the processes by which the biogas which is used to produce the biomethane is produced, the biogas is converted into biomethane, or the biomethane is injected; and

• (b) a declaration is made that the processes by which the biogas which is used to produce the biomethane is produced, the biogas is converted into biomethane, or the biomethane is injected comply, and will continue to comply, with all local and national laws including those relating to the protection of the environment.

• (13) The Authority—

• (a) must not register an applicant if it would result in periodic support payments being made to more than one participant for the same biomethane;

• (b) must not register an applicant where the applicant refused to allow the Authority access for the purposes of an inspection under paragraph (3), and—

• (i) the Authority is not satisfied that the refusal was reasonable; and

• (ii) any subsequent access granted by the applicant for the purposes of an inspection was not sufficient to enable the Authority to satisfy itself that the applicant should be registered;

• (c) may refuse to register an applicant if the Authority refused a previous application for registration made by the applicant, or a connected person, on the ground that information contained in the previous application was incorrect or misleading in a material particular;

• (d) in the case of an application for registration made on or after 20th June 2018, may refuse to register an applicant where the Authority is satisfied that the biogas production plant specified in accordance with paragraph (4A)(a) has been used for the purposes of the registration of any other participant.

• (14) The Authority must not register an applicant unless at the time of making the application, injection of biomethane produced by that applicant has commenced.

• (15) Where the Authority does not register an applicant it must notify the applicant in writing that the application for registration has been rejected, giving reasons.

Preliminary accreditation

33

• (1) Subject to paragraphs (2) and (3), the Authority may, upon the application by a person who proposes to construct or operate an eligible installation which has not yet been commissioned, grant preliminary accreditation in respect of that eligible installation.

• (2) The Authority must not grant preliminary accreditation to any plant under this regulation unless evidence has been provided from the relevant planning authority that—

• (a) any necessary planning permission has been granted; or

• (b) planning permission is not required.

• (3) The Authority must not grant preliminary accreditation to any plant under this regulation if, in its opinion, that plant is unlikely to generate heat for which periodic support payments may be paid.

• (4) An application for preliminary accreditation must be in writing and supported by such of the information specified in Schedule 2 as the Authority may require and declarations as to—

• (a) the date on which the applicant expects the plant to be commissioned;

• (b) the total heat in kWhth which the applicant expects the plant to generate each year for eligible purposes once the plant has been commissioned; and

• (c) the installation capacity of the plant.

• (5) Where the Authority considers that further information is necessary for the purpose of determining an application for preliminary accreditation it may by notice—

• (a) specify further information which the applicant is required to provide under Schedule 2;

• (b) specify a period of no less than four weeks starting with the date of the notice within which that information must be provided; and

• (c) inform the applicant that failure to provide the requested information within that period may result in the application being rejected.

• (6) The Authority may by notice extend the period specified in a notice under paragraph (5)(b) where it is satisfied that it is reasonable to do so.

• (7) The Authority may reject an application for preliminary accreditation if, within the period specified under paragraph (5)(b) or, where applicable, paragraph (6), the applicant has failed to provide the information specified in a notice given under paragraph (5)

• (8) The Authority may attach such conditions as it considers appropriate in granting preliminary accreditation under this regulation.

• (9) Where a plant has been granted preliminary accreditation (and such preliminary accreditation has not been withdrawn) and an application for accreditation is made under this Part before Scheme closure, the Authority must, subject to paragraphs (3) and (12) to (14) of regulation 30, and regulations 31 and 81(4), grant that application unless it is satisfied that—

• (a) there has been a material change in circumstances since the preliminary accreditation was granted such that, had the application for preliminary accreditation been made after the change, it would have been refused;

• (b) any condition attached to the preliminary accreditation has not been complied with;

• (c) the information on which the decision to grant the preliminary accreditation was based was incorrect in a material particular such that, had the Authority known the true position when the application for preliminary accreditation was made, it would have been refused; or

• (d) there has been a change in applicable legislation since the preliminary accreditation was granted such that, had the application for preliminary accreditation been made after the change, it would have been refused.

• (10) Where any of the circumstances mentioned in paragraph (11) apply in relation to a preliminary accreditation which the Authority has granted and having regard to those circumstances the Authority considers it appropriate to do so, the Authority may—

• (a) withdraw the preliminary accreditation;

• (b) amend the conditions attached to the preliminary accreditation;

• (c) attach conditions to the preliminary accreditation.

• (11) The circumstances referred to in paragraph (10) are as follows—

• (a) in the Authority's view there has been a material change in circumstances since the preliminary accreditation was granted;

• (b) any condition attached to the preliminary accreditation has not been complied with;

• (c) the Authority considers that the information on which the decision to grant the preliminary accreditation was based was incorrect in a material particular;

• (d) there has been a change in the applicable legislation since the preliminary accreditation was granted such that, had the application for preliminary accreditation been made after the change, it would have been refused.

• (12) The Authority must send the applicant a notice setting out—

• (a) its decision on an application for preliminary accreditation of a plant or on the withdrawal of any preliminary accreditation;

• (b) any condition attached to the preliminary accreditation or any amendment to those conditions,

specifying the date on which the granting or withdrawal of preliminary accreditation is to take effect and, where applicable, the date on which any conditions (or amendments to those conditions) attached to the preliminary accreditation are to take effect.

• (13) In paragraph (1), the reference to a person who proposes to construct an eligible installation includes a person who arranges for the construction of the eligible installation.

• (14) This regulation does not apply to a plant which will generate heat using—

• (a) a solar collector;

• (b) a ground source heat pump with an installation capacity below 100kWth or an air source heat pump with an installation capacity below 45kWth;

• (c) a shared ground loop system with an installation capacity below 100kWth; or

• (d) solid biomass or solid biomass contained in waste, provided that the plant will have an installation capacity below 200kWth.

Preliminary registration of biomethane producers

34

• (1) The Authority may grant preliminary registration to a person who—

• (a) proposes to produce biomethane for injection; and

• (b) has not yet started production.

• (2) The Authority must not grant preliminary registration to any plant under this regulation unless evidence has been provided from the relevant planning authority that—

• (a) any necessary planning permission has been granted in respect of the processes by which the biogas which is used to produce the biomethane is produced, the biogas is converted into biomethane, or the biomethane is injected; or

• (b) planning permission is not required.

• (3) An application for preliminary registration must be in writing and supported by such of the information specified in Schedule 2 as the Authority may require and declarations as to—

• (a) the date on which the applicant expects that injection will commence;

• (b) the volume in cubic metres of biomethane which the applicant expects to produce for injection each year once injection has commenced; and

• (c) the expected maximum initial capacity.

• (4) Where the Authority considers that further information is necessary for the purpose of determining an application for preliminary registration, it may by notice—

• (a) specify further information which the applicant is required to provide;

• (b) specify a period of no less than four weeks starting with the date of the notice within which that information must be provided; and

• (c) inform the applicant that failure to provide the requested information within that period may result in the application being rejected.

• (5) The Authority may by notice extend the period specified in a notice under paragraph (4)(b) where it is satisfied that it is reasonable to do so.

• (6) The Authority may refuse to grant preliminary registration if, within the period specified under paragraph (4)(b) or, where applicable, (5), the applicant has failed to provide the information specified in a notice given under paragraph (4).

• (7) The Authority may attach such conditions as it considers appropriate in granting preliminary registration under this regulation.

• (8) The Authority must not grant preliminary registration unless it is satisfied that a connection agreement in relation to the proposed production of biomethane has been entered into.

• (9) Where a person has been granted preliminary registration (and such preliminary registration has not been withdrawn) and an application for registration is made under this Part before Scheme closure, the Authority must, subject to regulations 31 and 32(4) , (4A), and (11) to (14), grant that application unless it is satisfied that—

• (a) there has been a material change in circumstances since the preliminary registration was granted such that, had the application for preliminary registration been made after the change, it would have been refused;

• (b) any condition attached to the preliminary registration has not been complied with;

• (c) the information on which the decision to grant the preliminary registration was based was incorrect in a material particular such that, had the Authority known the true position when the application for preliminary registration was made, it would have been refused;

• (d) there has been a change in applicable legislation since the preliminary registration was granted such that, had the application for preliminary registration been made after the change, it would have been refused.

• (10) Where any of the circumstances mentioned in paragraph (11) apply in relation to the preliminary registration which the Authority has granted, and having regard to those circumstances the Authority considers it appropriate to do so, the Authority may—

• (a) withdraw the preliminary registration;

• (b) amend the conditions attached to the preliminary registration;

• (c) attach conditions to the preliminary registration.

• (11) The circumstances referred to in paragraph (10) are as follows—

• (a) in the Authority's view there has been a material change in circumstances since the preliminary registration was granted;

• (b) any condition attached to the preliminary registration has not been complied with;

• (c) the Authority considers that the information on which the decision to grant the preliminary registration was based was incorrect in a material particular;

• (d) there has been a change in the applicable legislation since the preliminary registration was granted such that, had the application for preliminary registration been made after the change, it would have been refused.

• (12) The Authority must send the applicant a notice setting out—

• (a) its decision on an application for preliminary registration or on the withdrawal of any preliminary registration;

• (b) any condition attached to the preliminary registration or any amendment to those conditions,

specifying the date on which the granting or withdrawal of preliminary registration is to take effect and, where applicable, the date on which any conditions (or amendments to those conditions) attached to the preliminary registration are to take effect.

Tariff guarantees

35

• (1) At or after 10.00 am on the date on which these Regulations come into force or, if that is not a working day, on the next working day, a person who proposes to—

• (a) construct and operate a plant to which paragraph (3) applies and which has not yet been commissioned; or

• (b) produce biomethane for injection but has not yet started production,

may make an application for a tariff guarantee in respect of that plant or that production (as the case may be), in accordance with this regulation.

• (2) An applicant for a tariff guarantee may not—

• (a) amend an application made under paragraph (1);

• (b) make a further application under paragraph (1) in relation to the same plant or the same production, without first withdrawing the original application.

• (3) This paragraph applies in respect of a plant which, when commissioned, will—

• (a) generate heat from solid biomass or solid biomass contained in waste with an installation capacity of 1MWth or above;

• (b) generate heat using geothermal sources;

• (c) generate heat from biogas with an installation capacity of 600kWth or above;

• (d) be a ground source heat pump with an installation capacity of 100kWth or above;

• (e) be a new solid biomass CHP system; or

• (f) be a shared ground loop system with an installation capacity of 100kWth or above.

• (4) In the case of an applicant who proposes to construct and operate a plant to which paragraph (3) applies, an application must be in writing, in such form as the Authority requires, and include the following information—

• (a) the plant's proposed source of energy and technology;

• (b) the date on which the applicant expects the plant to be commissioned;

• (c) the total heat in kWhth which the applicant expects the plant to generate each year for eligible purposes;

• (d) the expected installation capacity of the plant;

• (e) in the case of a plant which will be, or which will form part of a new solid biomass CHP system, the power efficiency (within the meaning of regulation 68(4)) which the applicant expects the plant to achieve;

• (f) the proposed location of the plant;

• (g) evidence as to the proposed heat use;

• (h) the applicant's name and business address;

• (i) a declaration that the plant will be owned by the applicant, or jointly owned by the applicant and one or more other persons;

• (j) evidence from the relevant planning authority that—