The Domestic Renewable Heat Incentive Scheme Regulations 2014

• Citation: S.I. 2014/928
• Sections: 114

Section 1 Citation and commencement

These Regulations may be cited as the Domestic Renewable Heat Incentive Scheme Regulations 2014 and come into force on the day after the day on which they are made.

Section 2 Interpretation

(1) In these Regulations—

“accreditation” means a determination by the Authority that a plant for which an accreditation application is made is an accredited domestic plant;

“accreditation application” means an application for accreditation of a plant under regulation 17 which has not been withdrawn by the applicant;

“accredited domestic plant” means a plant in respect of which RHI payments are payable;

“accredited RHI installation” has the meaning given by regulation 2 of the Renewable Heat Incentive Scheme Regulations 2018 ;

“additional plant” means any plant which provides heat to the same RHI property as an accredited domestic plant but which is not part of that accredited domestic plant;

“air source heat pump” means a plant which generates heat by absorbing energy stored in the form of heat in the ambient air outside a property and uses that energy to heat a liquid;

“applicant” means a person who makes an accreditation application, an authorisation application or a registration application;

“approved sustainable fuel” means solid biomass which is listed under a scheme approved by the Secretary of State in accordance with regulation 36E of the Renewable Heat Incentive Scheme Regulations 2011 or regulation 51 of the Renewable Heat Incentive Scheme Regulations 2018 ;

“assessment date” means 31st January, 30th April, 31st July or 31st October in any calendar year;

“assignment” means an arrangement under which a participant assigns their RHI payments to an NRI;

“associated infrastructure” includes equipment installed under a metering and monitoring agreement;

“authorisation”, in relation to a metering arrangement, means approval by the Authority of that metering arrangement under regulation 25;

“authorisation application” means an application for authorisation of a metering arrangement under regulation 23;

“authorised metering arrangement” means a metering arrangement which has been given authorisation;

“biomass boiler” means a plant which—

is designed and installed to burn solid biomass to provide heat;

is designed to minimise direct heat loss to the immediate area in which it is installed;

is not capable of providing heat to a property without using a liquid to deliver that heat; and

is not designed to generate heat for the purpose of cooking food;

“biomass plant” means a plant which is a biomass boiler or a biomass stove but not both;

“biomass stove” means a plant which—

is designed and installed to burn wood pellets to generate heat which is radiated directly into the room in which it is installed; and

is not designed to generate heat for the purpose of cooking food unless it is a cooker stove ;

“central register” means the register maintained by the Authority under regulation 67;

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

which is equivalent to the Microgeneration Certification Scheme; and

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

“ code of practice ” means—

version O of the Home Insulation & Energy Systems Quality Assured Contractors Scheme Code of Practice published on 10th January 2022;

version 7 of the Renewable Energy Consumer Code published on 31st January 2022; or

a subsequent version or issue of a code mentioned in paragraph (a) or (b) approved by the Secretary of State under regulation 2B(3);

“commissioned”, in relation to a plant, means the completion of such procedures and tests as constitute, at the time they are undertaken, the usual industry standards and practices for that type of plant which demonstrate that it is capable of operating and generating heat;

“compressor” means a mechanical device which increases the pressure of refrigerant used in a heat pump;

“condensing plant” means a plant which is designed to use the latent heat released from the condensation of water vapour into a liquid with the resulting liquid leaving the boiler by way of a drain;

“consumer prices index” means—

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

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

“cooker stove” means a biomass stove which is capable of generating heat for the purpose of cooking food but which is designed to ensure that heat generated for that purpose is incidental to, and cannot be controlled separately from, any heat generated for the purpose of space heating or domestic hot water heating;

“deemed annual heat generation” has the meaning given by regulation 29;

“domestic hot water” means hot water used ... for a purpose other than space heating or heating a swimming pool;

“domestic hot water cylinder” means a tank used to store domestic hot water;

“domestic RHI scheme” means the scheme established by these Regulations;

“dwelling” has the meaning given by—

in relation to a property in England or Wales, regulation 2(1) of the Energy Performance of Buildings (England and Wales) Regulations 2012 ;

in relation to a property in Scotland, regulation 2(1) of the Energy Performance of Buildings (Scotland) Regulations 2008 ;

“efficiency” means the ratio of the heat generated by a plant to its energy consumption;

“eligibility criteria” has the meaning given by regulation 3;

“eligible electricity meter” means an electricity meter which meets the relevant requirements set out in Annex 1 to the Measuring Instruments Directive, the specific requirements listed in Annex V to that Directive and the requirements for accuracy class A as defined in Annex V to that Directive;

“eligible gas meter” means a gas meter which meets the relevant requirements set out in Annex 1 to the Measuring Instruments Directive, the specific requirements listed in Annex IV to that Directive and the requirements for accuracy class 1.5 as defined in Annex IV to that Directive;

“eligible heat meter” means a heat meter which meets the relevant requirements set out in Annex 1 to the Measuring Instruments Directive, the specific requirements listed in Annex VI to that Directive and the requirements for accuracy class 3 as defined in Annex VI to that Directive;

“eligible meter” means an eligible electricity meter, eligible gas meter, eligible heat meter or eligible oil meter;

“eligible metered heat” means, in relation to an accredited domestic plant which is—

a biomass plant, the figure calculated in accordance with regulation 30; or

a heat pump, the figure calculated in accordance with regulation 31;

“eligible new-build property” means a property which is supplied with heat by a plant in respect of which an accreditation application is made and where—

any building that forms part of that property was built principally with the use of the labour or resources of the first owner (including where the resource was a loan which the first owner was liable to repay);

the date the property was first occupied was on or after the date the plant was first commissioned; and

the property has not, while the building was built or at any subsequent time been owned wholly or partly by a person who is not an individual;

“eligible oil meter” means an oil meter which meets the relevant requirements set out in Annex 1 to the Measuring Instruments Directive, the specific requirements listed in Annex VII to that Directive and the requirements for accuracy class 1 as defined in Annex VII to that Directive;

“eligible property” means a property that meets the requirements set out in Schedule 3;

“eligible purpose” means, in relation to heat generated by—

a biomass plant or heat pump, the purpose of space heating, or both space heating and domestic hot water heating, for an eligible property; or

a solar thermal plant, the purpose of domestic hot water heating for an eligible property, or for both an eligible property and any related property which is not a swimming pool;

“Energy Performance Certificate” has the meaning given by—

in relation to a property in England and Wales, regulation 2(1) of the Energy Performance of Buildings (England and Wales) Regulations 2012;

in relation to a property in Scotland, regulation 2(1) of the Energy Performance of Buildings (Scotland) Regulations 2008;

“expenditure forecast statement” has the meaning given by regulation 38(1);

“financial year” means a 12 month period commencing on 1st April and ending on the following 31st March;

“first commissioning date” means the date on which a plant is first commissioned;

“forecast for expenditure” has the meaning given by regulation 38(7);

“fuel” excludes electricity;

“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 deduction” means the figure calculated in accordance with regulation 32;

...

“Green Deal Plan” has the meaning given by section 1 of the Energy Act 2011 ;

“ground source heat pump” means a plant which generates heat by absorbing energy stored in the form of heat from the ground, including water in the ground, or surface water or both and uses that energy to heat a liquid;

“heat emitter guide” means version 2.0 of the document entitled “Heat Emitter Guide for Domestic Heat Pumps” published on 21st November 2014;

“heat meter” has the same meaning as that given to “thermal energy meter” in Annex VI to the Measuring Instruments Directive;

“heat pump” means a plant which is an air source heat pump or a ground source heat pump but not both;

“increase in expenditure forecast” has the meaning given by regulation 38(7);

“initial tariff” means the tariff for an accredited domestic plant for all or part of its initial tariff period, calculated in accordance with regulation 34;

“initial tariff period” means the period commencing on a plant’s tariff start date and ending on the following 31st March;

“installation capacity” means the total installed peak heat output capacity of a plant;

“investor” means a person who provides funding in relation to any of the cost of the purchase or installation of a plant in return for RHI payments and enters into a contract with an applicant or participant in respect of such arrangement, or a person who intends to do so;

“investor application” means an application made under regulation 22A which has not been withdrawn;

“investor registration” means the entry of an investor’s details on the central register under regulation 22C(2)(a);

“ kWh ” means kilowatt hour;

“landlord” means a person who owns a property (solely or together with one or more other owners) but does not occupy that property;

“local authority” means a local authority within the meaning given in section 106 of the Localism Act 2011 or a council constituted under section 2 of the Local Government etc (Scotland) Act 1994 ;

“MCS register” means the register maintained by the Microgeneration Certification Scheme, or an equivalent scheme under which installers are certified to that scheme’s standards by a certification body or organisation accredited to EN 45011 or EN ISO/IEC 17065:2012 , of installers and plant which are certified under that scheme;

“measuring instrument” means an eligible meter, a temperature sensor, or any equipment which records information used to determine the efficiency of a biomass plant;

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

“metering and monitoring agreement” means an agreement which meets the requirements set out in Schedule 7;

“metering and monitoring biomass boiler” means a biomass boiler which is an accredited domestic plant and is designed and installed to burn only wood pellets;

“metering and monitoring installer” means a certified installer who has entered into a metering and monitoring agreement with a participant;

“metering and monitoring lump sum payment” means a single payment of—

£700 for a metering and monitoring biomass boiler; or

£805 for a heat pump which is an accredited domestic plant;

“metering and monitoring payment” means—

in respect of a registration given before the third relevant date, one or more payments totalling—

£200 during a 12 month period for a metering and monitoring biomass boiler; or

£230 during a 12 month period for a heat pump which is an accredited domestic plant;

in respect of a registration given on or after the third relevant date, one or more payments totalling—

£100 during a 12 month period for a metering and monitoring biomass boiler; or

£115 during a 12 month period for a heat pump which is an accredited domestic plant;

“metering arrangement” means a document which identifies the location and type of each eligible meter positioned in accordance with paragraph (3) or (4) of regulation 15 or paragraph (3), (4) or (5) of regulation 16;

“metering requirements” has the meaning given by regulation 14(1)(a);

“metering statement” means a written statement provided by the Authority which contains the information specified in regulation 21(1)(f);

“MM payments” means a metering and monitoring lump sum payment or metering and monitoring payments, or both;

“NRI” has the meaning given in regulation 22E(3);

“ NOx ” means oxides of nitrogen;

“on-board meter” means an electricity meter which is integrated into a heat pump and is able to display the electricity consumption of that heat pump in kWh;

“ongoing obligations” means the obligations specified in Part 7 or Part 7A, as applicable ;

“original plant” means an accredited domestic plant which is replaced by another plant;

“participant” means the owner of an accredited domestic plant or, where there is more than one owner, the owner who has provided to the Authority under regulation 17(2)(g) or regulation 48(2) or (9) evidence that they have the authority to act on behalf of all owners;

“properly made” in relation to an application means—

in the case of an application made under regulation 17, an application which provides the information required by regulation 17(2) and (3);

in the case of an application made under regulation 22A, an application which provides the information required by regulation 22A(2); and

in the case of an application made under regulation 50, an application which provides the information required by regulation 50(2);

“ PM ” means particulate matter;

“quarterly period” means the first, second, third or fourth quarter of—

the period of 12 months which commences on a tariff start date; and

each subsequent period of 12 months;

“recommendation report” has the meaning given by—

in relation to a property in England or Wales, regulation 4(1) of the Energy Performance of Buildings (England and Wales) Regulations 2012 ;

in relation to a property in Scotland, the definition of a “recommendations report” in regulation 2(1) of the Energy Performance of Buildings (Scotland) Regulations 2008;

“registered metering and monitoring agreement” means a metering and monitoring agreement which has been given registration under regulation 52;

“registration” , except in the term “investor registration", means the entry of a metering and monitoring agreement on the central register under regulation 52;

“registration application” means an application for registration under regulation 50;

“related property”, in relation to an eligible property, means any building or swimming pool which is used by, or available for the use of, an owner or occupier of the eligible property and where the building or swimming pool—

if the property is an RHI property, is not covered by the relevant EPC; or

in any other case, is not covered by the most recent Energy Performance Certificate for which details have been provided to the Authority;

“relevant date” means the date on which these Regulations come into force;

“relevant EPC” means—

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

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

“relevant installation standard” has the meaning given by regulation 8(2);

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

“retail prices index” means—

the general index of retail prices (for all items) published by the Office of National Statistics; or

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

“RHI date” means, where an accreditation application is made in respect of a plant which is—

not a replacement plant, the date on which that application is made or the date when all of the information set out in Part 1 of Schedule 4 that is relevant to, and submitted as part of, that application is given to the Authority, whichever is the earlier; or

a replacement plant, the RHI date that is specified in the statement of eligibility for the original plant;

“RHI emissions certificate” means a document that meets the requirements set out in Schedule 2;

“RHI payments” has the meaning given by regulation 26(1);

“RHI property”, means an eligible property to which an accredited domestic plant provides heat;

“RHPP grant” means a grant—

for the costs of purchasing or installing a renewable heating plant;

which is administered by the Energy Saving Trust; and

which is applicable to the whole of Great Britain;

“RI” means an investor registered on the central register in accordance with regulation 22C;

“ scheme closure ” has the meaning given in regulation 2A(1);

“SCOP calculator” means version 1.0 of the document entitled “MCS 026 Seasonal Coefficient of Performance Calculator” published on 1st May 2015 or a subsequent version or issue of that document approved by the Secretary of State under regulation 2B(4) ;

“seasonal performance factor” means a ratio of the heat generated by a heat pump to its energy consumption and where the plant’s first commissioning date is—

on or after the relevant date, the ratio is calculated in accordance with the heat emitter guide or the SCOP calculator, whichever is required by the relevant installation standard ;

earlier than the relevant date and the person making the accreditation application requested in that application that the Authority calculates the plant’s seasonal performance factor, the ratio is calculated in accordance with the heat emitter guide; or

earlier than the relevant date and the person making the accreditation application has not requested that the Authority calculates the plant’s seasonal performance factor, the ratio is 2.5;

“second relevant date” means the date of coming into force of the Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) ( No. 2) Regulations 2017;

“social landlord” means a local authority, a private registered provider of social housing, a body registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996 or a body registered as a social landlord under section 23 of the Housing (Scotland) Act 2010;

“solar thermal plant” means a plant which generates heat using a liquid filled flat plate or evacuated tube solar collector;

“solid biomass” includes wood pellets;

“statement of eligibility” has the meaning given by regulation 21(1)(e);

“subsequent tariff” means a tariff for an accredited domestic plant for all or part of any financial year commencing after the end of its initial tariff period, calculated in accordance with regulation 37;

“tariff” means the payment rate for each kWh of heat generated by an accredited domestic plant;

“tariff category” means a category of plant which is listed in the first column of the table in Schedule 5;

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

“tariff lifetime” means the period for which RHI payments are payable for an accredited domestic plant;

“tariff period” is a three month period commencing on 1st January, 1st April, 1st July or 1st October in any calendar year;

“tariff start date” means the RHI date for an accredited domestic plant;

“temperature sensor” means a device that measures temperature by employing an electrical signal;

“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;

“third relevant date” means the date of coming into force of the Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018;

“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 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;

“Unique Registered Investor Reference” has the meaning given in regulation 22C(2)(b)(iii);

“Wh” means watt hour; and

“working day” means any day other than—

a Saturday, Sunday, Good Friday, or Christmas Day; or

a day which is a bank holiday in England, Wales or Scotland under section 1 of the Banking and Financial Dealings Act 1971 .

(2) Where these Regulations provide for a figure to be stated to two decimal places and rounded, that figure must be rounded to the nearest hundredth of a penny with any two hundredth of a penny being rounded upwards.

Section 2A Closure of the domestic RHI scheme to applications

(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).

Section 2B Approval of documents published after scheme closure

(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.

Section 3 Eligibility criteria

A plant which is a biomass plant, heat pump or solar thermal plant is eligible for accreditation where it meets the requirements (“the eligibility criteria”) set out in—

(a) regulation 4, 5, or 6 (whichever is applicable to the plant);

(b) regulations 7 to 11;

(c) if the plant is not the first and only plant to provide heat to an eligible property , regulation 12; and

(d) if regulation 13 requires that the heat generated by the plant must be metered, regulation 14.

Section 4 Requirements for biomass plants

(1) Where the plant is a biomass plant, the applicable requirements referred to in regulation 3(a) are that—

(a) where—

(i) the plant is designed and installed to use both a permitted source of energy and another source of energy; and

(ii) that other source of energy is not used solely for ignition,

paragraph (2) is satisfied in respect of any part of the plant which uses that other source of energy (“the non-biomass part”);

(b) it provides heating—

(i) solely to a single eligible property , or to both a single eligible property and any related property ;

(ii) for an eligible purpose; and

(iii) if the plant is a biomass stove, it provides heating for that eligible purpose using a liquid-filled heat exchanger enclosed within it;

(c) it is a condensing plant or meets the requirements set out in—

(i) at least one of the standards specified in paragraph 1(2) of Schedule 1 which is relevant to the plant and which is applicable on the plant’s first commissioning date, if the plant is a biomass boiler; or

(ii) the standard specified in paragraph 1(3) of Schedule 1, if the plant is a biomass stove; and

(d) it has a first commissioning date which is—

(i) earlier than the relevant date; or

(ii) on or after the relevant date and an RHI emissions certificate has been issued for the plant, a plant of the same make, model and installation capacity as the plant, or any other plant in the same type-testing range as the plant.

(2) For the purposes of paragraph (1)(a), this paragraph is satisfied where the non-biomass part—

(a) comprises an immersion heater for a domestic hot water cylinder or otherwise solely generates heat for the purpose of heating domestic hot water; or

(b) comprises a supplementary electric heater and a single control system governs the whole plant.

(3) In paragraph (1), “permitted source of energy” means, if the source of energy is used by—

(a) a biomass boiler, solid biomass; and

(b) a biomass stove, wood pellets.

(4) Schedules 2 and 3 have effect.

Section 5 Requirements for heat pumps

(1) Where the plant is a heat pump, the applicable requirements referred to in regulation 3(a) are that—

(a) it provides heating—

(i) solely to a single eligible property , or to both a single eligible property and any related property ; and

(ii) for an eligible purpose using liquid as a medium for delivering that heat;

(b) it meets the requirements set out in the standards for heat pumps specified in paragraph 1(4)(a), (b), (c) or (d) of Schedule 1 which are applicable on the plant’s first commissioning date;

(c) it has a seasonal performance factor of 2.5 or above;

(d) it uses a compressor which is driven by electricity; ...

(e) if it is an air source heat pump, it is not designed to use heat in air which has been expelled from an appliance or building ; and

(f) if it is a heat pump for which the RHI date is on or after the third relevant date, it meets the requirements specified in paragraph (2) .

(2) The requirements specified in this paragraph are that—

(a) one or more eligible electricity meters or on-board meters are installed to record any—

(i) electricity supplied to the plant which is used to generate heat;

(ii) electrical input into any supplementary electric heater controlled by the same control system which governs the heat pump; and

(iii) electrical input into any immersion heater for a domestic hot water cylinder where the immersion heater is controlled by the same control system which governs the heat pump;

(b) in respect of any eligible electricity meter installed in accordance with sub-paragraph (a)—

(i) in the case of a meter installed before the third relevant date, a certified installer was responsible for installing it or for checking that it was properly installed;

(ii) in the case of a meter installed on or after the third relevant date, a certified installer was responsible for installing it;

(iii) the meter is properly calibrated, properly installed and in good working order; and

(iv) the meter has a label which identifies the plant or other components being metered.

Section 6 Requirements for solar thermal plants

Where the plant is a solar thermal plant, the applicable requirements referred to in regulation 3(a) are that it—

(a) is designed and installed to provide heating—

(i) solely to a single eligible property, or to both a single eligible property and any related property; and

(ii) solely for an eligible purpose, using liquid as a medium for delivering that heat;

(b) meets the requirements set out in whichever of the standards for solar thermal plants specified in paragraph 1(5)(a), (b) and (c) of Schedule 1 are relevant to the plant and are applicable on the plant’s first commissioning date;

(c) cannot also be used to generate electricity.

Section 7 Installation requirements

The requirements referred to in regulation 3(b) are that, on the RHI date for the plant, all parts of the plant have the same first commissioning date and that date is on or after 15th July 2009.

Section 8 Certification requirements

(1) The requirements referred to in regulation 3(b) are that the plant is certified under—

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

(b) a scheme where—

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

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

(iii) that scheme is equivalent to the Microgeneration Certification Scheme.

(2) In paragraph (1), “relevant installation standard” means, if the first commissioning date for the plant is—

(za) after scheme closure, a document mentioned in sub-paragraph (a) or a subsequent version or issue of that document approved by the Secretary of State under regulation 2B(1);

(a) on or after the relevant date and before scheme closure —

(i) where the plant is a biomass plant—

(aa) version 4.0 of the document entitled “Microgeneration Installation Standard: MIS 3004 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of solid biofuel heating systems” published on 16th December 2013;

(bb) version 4.1 of the document entitled “Microgeneration Installation Standard: MIS 3004 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of solid biofuel heating systems” published on 1st May 2015; or

(cc) version 4.2 of the document entitled “Microgeneration Installation Standard: MIS 3004 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of solid biofuel heating systems” published on 6th May 2015,

provided it is in force on the plant’s first commissioning date;

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

(aa) version 4.1 of the document entitled “Microgeneration Installation Standard: MIS 3005 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of microgeneration heat pump systems” published on 21st November 2014; ...

(bb) version 4.0 of the document entitled “Microgeneration Installation Standard: MIS 3005 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of microgeneration heat pump systems” published on 16th December 2013 , ...

(cc) version 4.3 of the document entitled “Microgeneration Installation Standard: MIS 3005 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of microgeneration heat pump systems” published on 6th May 2015 ; ...

(dd) version 5.0 of the document entitled “Microgeneration Installation Standard: MIS 3005 requirements for MCS contractors undertaking the supply, design, installation, set to work, commissioning and handover of microgeneration heat pump systems” published on 28th April 2017; or

(ee) Issue 1.0 of the document entitled “Microgeneration Installation Standard: MIS 3005-D The Heat Pump Standard (Design)” published on 1st December 2021 and Issue 1.0 of the document entitled “Microgeneration Installation Standard: MIS 3005-I The Heat Pump Standard (Installation)” published on 1st December 2021,

provided the specified installation standard or standards are in force on the plant’s first commissioning date; or

(iii) where the plant is a solar thermal plant—

(aa) version 4.1 of the document entitled “Microgeneration Installation Standard: MIS 3001 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of solar heating microgeneration systems” published on 21st November 2014; ...

(bb) version 4.0 of the document entitled “Microgeneration Installation Standard: MIS 3001 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of solar heating microgeneration systems” published on 16th December 2013 ; ...

(cc) version 4.2 of the document entitled “Microgeneration Installation Standard: MIS 3001 requirements for contractors undertaking the supply, design, installation, set to work, commissioning and handover of solar heating microgeneration systems” published on 1st May 2015; or

(dd) Issue 5.0 of the document entitled “Microgeneration Installation Standard: MIS 3001 The Solar Thermal Standard (Installation)” published on 1st December 2021,

provided it is in force on the plant’s first commissioning date; or

(b) earlier than the relevant date, any installation requirements applicable to the plant under the Microgeneration Certification Scheme on the first commissioning date.

Section 9 Plants used to generate heat before the first commissioning date

(1) The requirements referred to in regulation 3(b) are that no part of the plant which generates heat, other than any of the components listed in paragraph (2), was used before the plant’s first commissioning date.

(2) The components referred to in paragraph (1) are—

(a) components, apart from solar thermal collectors (liquid filled flat plate or evacuated tubes), which solely generate heat for the purpose of heating domestic hot water;

(b) supplementary electric heaters; and

(c) circulation pumps.

Section 10 Requirements regarding funding of plants

The requirements referred to in regulation 3(b) are that—

(a) some or all of the costs of the purchase or installation of the plant are met by—

(i) an owner or former owner of the plant, using that person’s own funds (including a loan which that person was liable to repay or a Green Deal Plan for which that person is liable to make, or has made, payments); or

(ii) an RI; or

(b) the plant is owned by a local authority.

Section 11 Requirement that plant is not an accredited RHI installation

The requirements referred to in regulation 3(b) are that the plant is not, and has not been at any time, an accredited RHI installation.

Section 12 Requirements where more than one plant provides heat to a property

(1) The requirements referred to in regulation 3(c) are that where the plant (“plant A”) provides heat to an eligible property to which any other plant provides heat or has previously provided heat, in relation to that other plant, or if there is more than one in relation to each such plant, (“plant B”),—

(a) paragraph (2) or (3) applies; and

(b) paragraph (4) applies.

(2) This paragraph applies if plant B—

(a) is not, and has not at any time been, an accredited domestic plant; and

(b) is not a plant for which an accreditation application has been made and has not been rejected.

(3) This paragraph applies if plant B is, or has previously been, an accredited domestic plant and—

(a) either plant A or plant B (but not both) is a solar thermal plant; or

(b) plant B is an original plant and plant A is a replacement plant.

(4) This paragraph applies if plant B—

(a) is not, and has not at any time been, an accredited RHI installation; and

(b) is not a plant for which an application for accreditation has been made and not withdrawn by the applicant (and accreditation has not been refused) under the Renewable Heat Incentive Scheme Regulations 2011 or the Renewable Heat Incentive Scheme Regulations 2018 .

Section 13 Plants where heat generation must be metered

(1) The heat generated by the plant (“plant A”) must be metered if—

(a) plant A is not a solar thermal plant; and

(b) plant A falls within paragraph (2), (3), (4) or (5).

(2) Plant A falls within this paragraph where it provides heat to the same eligible property as another plant (“plant B”), except where plant B—

(a) is a solar thermal plant;

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

(ba) is located in a partition wall and directly radiates heat to two rooms;

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

(d) 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

(e) is a supplementary electric heater which is controlled by the same control system as the control system governing plant A.

(3) Plant A falls within this paragraph where it is a biomass plant with an installation capacity which is not sufficient to provide space heating for all parts of the eligible property to which it provides heat and its first commissioning date is on or after the relevant date.

(4) Subject to paragraph (4A), plant A falls within this paragraph where the eligible property to which it provides heat was occupied for less than 183 days in the 12 month period ending on its RHI date.

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

(5) Plant A falls within this paragraph where it is a heat pump and is capable of using a fuel when generating heat for an eligible purpose.

Section 14 Metering requirements

(1) The requirements referred to in regulation 3(d) are that, in relation to all eligible meters used in relation to the plant , other than any eligible electricity meters installed in order to comply with the requirements specified in regulation 5(2) —

(a) the requirements set out in paragraph (2) are met (“the metering requirements”); or

(b) the metering requirements in paragraph (2)(a) are met and the Authority is satisfied that, were the plant given accreditation, no participant or NRI would, as a consequence of the failure to meet the other metering requirements, be entitled to receive RHI payments which are materially greater than would be the case were all the metering requirements met.

(2) The requirements referred to in paragraph (1)(a) are that—

(a) in the case of a meter installed—

(i) before the relevant date, a certified installer was responsible for installing it or for checking that it was properly installed;

(ii) on or after the relevant date, a certified installer was responsible for installing it;

(b) each eligible meter—

(i) is positioned in accordance with the requirements specified in regulation 15 if the plant is a biomass plant or regulation 16 if the plant is a heat pump;

(ii) is properly calibrated;

(iii) is properly installed and in good working order; and

(iv) bears a label which identifies the meter using a unique reference number which enables the meter to be consistently identified when the information recorded by the meter is submitted to the Authority.

Section 15 Positioning of meters when recording heat generated by biomass plants

(1) For the purposes of regulation 14(2)(b), where the plant (“plant A”) is a biomass plant, meters must be positioned in accordance with paragraph (2), (3) or (4).

(2) Meters are positioned in accordance with this paragraph if one or more eligible heat meters are installed to record the heat output delivered by a liquid from plant A.

(3) Meters are positioned in accordance with this paragraph if one or more eligible heat meters are installed to record separately—

(a) the combined heat output of plant A and any other plant (“plant B”); and

(b) the heat output of plant B.

(4) Meters are positioned in accordance with this paragraph if one or more eligible meters are installed to record separately—

(a) the combined heat output of plant A and plant B; and

(b) any energy consumption by plant B.

Section 16 Positioning of meters when recording heat generated by heat pumps

(1) For the purposes of regulation 14(2)(b), where the plant (“plant A”) is a heat pump, meters must be positioned in accordance with paragraph (2), (3), (4), or (5).

(2) Meters are positioned in accordance with this paragraph if one or more eligible meters are installed to record separately—

(a) the heat output from any component of plant A which is a compressor, and any other components of plant A which the owner of plant A will be seeking to be included in the calculation of eligible metered heat (“the metered components”); and

(b) any relevant energy consumption by the components of plant A that are metered under this paragraph.

(3) Meters are positioned in accordance with this paragraph if one or more eligible meters are installed to record separately—

(a) the combined heat output of the metered components and any other plant (“plant B”);

(b) the heat output of plant B; and

(c) any relevant energy consumption by the metered components.

(4) Meters are positioned in accordance with this paragraph if one or more eligible meters are installed to record separately—

(a) the combined heat output of the metered components and plant B;

(b) any energy consumption by plant B; and

(c) any relevant energy consumption by the metered components.

(5) Meters are positioned in accordance with this paragraph if plant A is capable of providing heating as well as cooling and one or more eligible meters are installed to record sufficient information about plant A to enable the eligible metered heat generated by plant A to be determined.

(6) In this regulation, “relevant energy consumption” means consumption of energy which is not energy from—

(a) a liquid filled flat plate or evacuated tube solar collector; or

(b) a source other than heat from the air, water or the ground.

Section 17 Accreditation applications

(1) An owner of a plant which meets the eligibility criteria may apply to the Authority for that plant to be given accreditation if that person owns or occupies the eligible property to which the plant provides heat.

(2) Accreditation applications must include—

(a) all of the information specified in Part 1 of Schedule 4;

(b) such of the information specified in Part 2 of Schedule 4 as the Authority may require;

(c) any declarations by the applicant which the Authority may require;

(d) if regulation 13 requires that the heat generated by the plant for which accreditation is sought must be metered—

(i) confirmation from a certified installer who was responsible for, or checked, the installation of the meters, that eligible meters are installed in accordance with the metering requirements; and

(ii) a statement from that installer as to whether eligible meters are installed in accordance with paragraph (2), (3) or (4) of regulation 15, or paragraph (2), (3), (4) or (5) of regulation 16;

(e) if eligible meters are positioned in accordance with paragraph (3) or (4) of regulation 15 or paragraph (3), (4) or (5) of regulation 16, an authorisation application;

(f) if the plant is a heat pump and regulation 13 requires that the heat it generates must be metered, a statement as to which components of the heat pump the applicant is seeking to be included in the calculation of eligible metered heat; ...

(g) if the plant is owned by more than one person, such evidence as the Authority may require that the accreditation application is made by only one of those owners and that the owner who is making the accreditation application has the authority from all other owners to be the participant ; and

(h) where paragraph (2A) applies, a declaration that, to the best of the applicant’s knowledge and belief, one or more eligible electricity meters or on-board meters are installed in accordance with the requirements specified in regulation 5(2) .

(2A) This paragraph applies where an accreditation application is made on or after the third relevant date in respect of a plant which is a heat pump and is—

(a) a replacement plant, with an RHI date on or after the third relevant date; or

(b) not a replacement plant.

(3) Where the plant is a heat pump for which the first commissioning date is earlier than the relevant date and the applicant does not want the seasonal performance factor for the plant to be deemed to be 2.5, the applicant must provide a request that the plant’s seasonal performance factor be calculated in accordance with the heat emitter guide.

(4) Subject to paragraphs (6) and (7) , and regulation 2A(4) an accreditation application must be received by the Authority within 12 months of—

(a) the first commissioning date for the plant if that date is on or after the relevant date; or

(b) the relevant date if the first commissioning date for the plant is earlier than the relevant date.

(5) Where an RHPP grant has been paid for the plant, an accreditation application for that plant cannot be made earlier than the date—

(a) three months after the relevant date if the application for the RHPP grant was made earlier than 20th May 2013; or

(b) six months after the relevant date if the application for the RHPP grant was made on or after 20th May 2013.

(6) Subject to paragraph (7), an accreditation application in relation to a cooker stove must be received by the Authority within 12 months of the first commissioning date for the plant or by 31st July 2015, whichever is later.

(7) Where the first commissioning date for a plant is on or after 1st March 2019 and before scheme closure , an accreditation application must be received by the Authority before midnight at the end of 31st March 2022.

Section 18 Powers of the Authority when considering an accreditation application

(1) The Authority may by notice request—

(a) that information about the plant or any eligible meters installed in relation to it be provided—

(i) by the certified installer who was responsible for the installation of the plant;

(ii) by the certified installer who was responsible for, or checked, the installation of the meters; or

(iii) by the applicant and verified by the relevant certified installer referred to in paragraph (i) or (ii) as applicable;

(b) that the applicant provide details of a further Energy Performance Certificate for the eligible property if the Authority has reason to believe that the applicant has not provided details of the most recent Energy Performance Certificate;

(c) that the applicant provide details of a further Energy Performance Certificate for the eligible property if—

(i) the applicant declares that loft insulation or cavity wall insulation cannot be installed in the property because of a reason set out in paragraph 1(4) of Schedule 3; and

(ii) the Authority is not satisfied that the loft insulation or cavity wall insulation recommended in the recommendation report cannot be installed and has requested a new Energy Performance Certificate in which that insulation is no longer recommended in the recommendation report; and

(d) that the applicant provide such other information specified in Part 2 of Schedule 4 as the Authority may require.

(2) The Authority may arrange for a site inspection to be carried out in order to satisfy itself that the plant should be given accreditation.

Section 19 Time limits for provision of information

Where the Authority gives a notice under regulation 18(1), the applicant must comply with that request within—

(a) three months of the date of the notice if the information is a new Energy Performance Certificate and regulation 18(1)(c) applies;

(b) three months of the date of the notice if the heat generated by the plant for which accreditation is being sought must be metered under regulation 13 and the information is evidence that the metering requirements are met; or

(c) 28 days of the date of the notice in any other case.

Section 20 Conditions of accreditation

The Authority may make an accreditation subject to any conditions it considers to be appropriate.

Section 21 Accreditation

(1) Where paragraph (2) applies, subject to regulation 22, the Authority must—

(a) give accreditation for the plant;

(b) notify the participant that the accreditation application has been successful;

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

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

(e) provide the participant with a written statement (a “statement of eligibility”) including the following information—

(i) the RHI date for the plant;

(ii) the applicable initial tariff and details of how subsequent tariffs will be calculated;

(iii) details of the frequency and timetable for payments;

(iv) the tariff lifetime and tariff end date;

(v) if the plant is a heat pump, the seasonal performance factor for the heat pump; ...

(vi) the deemed annual heat generation for the plant; and

(vii) where applicable, that RHI payments have been assigned to the NRI nominated by the participant pursuant to regulation 22E; and

(f) where regulation 13 requires that the heat generated by the plant must be metered, provide the participant with a statement containing the following information (a “metering statement”)—

(i) confirmation that the heat generated by the plant must be metered;

(ii) notification as to whether eligible meters must be positioned in accordance with paragraph (2), (3) or (4) of regulation 15 or paragraph (2), (3), (4) or (5) of regulation 16;

(iii) if eligible meters are positioned in accordance with paragraph (3) or (4) of regulation 15 or paragraph (3), (4) or (5) of regulation 16, confirmation as to the details of the metering arrangement for which the Authority has given authorisation;

(iv) if the plant is a heat pump, confirmation as to which components of the heat pump will be included in the calculation of eligible metered heat; and

(v) the process and timing for providing meter readings in accordance with regulation 43(4).

(2) This paragraph applies where—

(a) an accreditation application has, in the Authority’s opinion, been properly made in accordance with regulation 17;

(b) the Authority is satisfied that the plant meets the eligibility criteria; and

(c) the Authority has given authorisation where regulation 13 requires that the heat generated by the plant must be metered and the accreditation application includes a statement that meters are positioned in accordance with paragraph (3) or (4) of regulation 15 or paragraph (3), (4) or (5) of regulation 16.

(3) Where, at the time the Authority is giving accreditation for a plant which does not meet the metering requirements but the requirements in regulation 14(1)(b) are met, the Authority considers that the RHI payments for that plant are likely to be materially less than would be the case if the metering requirements were met, it must notify the participant of this.

(4) Where there is an assignment, the notification and statements referred to in paragraph (1)(b) and (d) to (f), and paragraph (3), must also be provided to any NRI in respect of the plant.

Section 22 Rejection of accreditation applications

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

(a) the Authority is not satisfied that the accreditation application has been properly made in accordance with regulation 17;

(b) the Authority is not satisfied that the plant meets the eligibility criteria;

(c) the Authority has reason to believe that one or more of the applicable ongoing obligations will not be complied with; or

(d) subject to paragraph (2), information requested by the Authority is not provided within the time limit specified in regulation 19.

(2) The Authority must not reject an accreditation application on the basis that information has not been provided in accordance with regulation 19(c) if—

(a) the applicant 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 accreditation application it must notify the applicant and any NRI in respect of the plant, that the application has been rejected, giving reasons.

(4) Where paragraph (5) applies—

(a) the applicant may make a further accreditation application in relation to the plant mentioned in paragraph (5); and

(b) the accreditation application must be received by the Authority before midnight at the end of 31st March 2022.

(5) This paragraph applies where—

(a) the first commissioning date for a plant is on or after 1st March 2019; and

(b) before 1st April 2021, the Authority rejected an accreditation application in relation to that plant on the basis that the application was not received within 12 months of the first commissioning date for the plant.

Section 22A Investor applications

(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.

Section 22B Time limits for provision of information

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

Section 22C Investor registration

(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.

Section 22D Rejection of investor applications

(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.

Section 22E Nomination of an RI

(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).

Section 22F Transfer of NRI status

(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;

(c) confirmation that P, ARI and the current NRI consent to the intended transfer taking place on the transfer date.

(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;

(c) make payments to ARI in accordance with regulation 26(1)(b),

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.

Section 23 Authorisation applications

(1) Where the owner of a plant (“plant A”) is required by regulation 17(2)(e) or 46(4) to make an authorisation application, that application must be made in accordance with this regulation.

(2) An authorisation application in respect of plant A must not be made before an accreditation application is made for plant A.

(3) A person who makes an authorisation application must provide to the Authority—

(a) details of the metering arrangement;

(b) if eligible meters are positioned in accordance with paragraph (3) or (4) of regulation 15 or paragraph (3) or (4) of regulation 16, evidence from the certified installer who was responsible for, or checked, the installation of the meters explaining why the heat output from plant A cannot be metered separately from the heat output from another plant (“plant B”);

(c) if eligible meters are positioned in accordance with paragraph (4) of regulation 15 or paragraph (4) of regulation 16, evidence from the certified installer who was responsible for, or checked, the installation of the meters explaining why the heat output from plant B cannot be metered separately from the heat output from plant A;

(d) if eligible meters are positioned in accordance with paragraph (5) of regulation 16, evidence that plant A is a heat pump which is capable of providing heating as well as cooling; and

(e) any other information which the Authority may request in order to enable it to consider the authorisation application.

Section 24 Powers of the Authority when considering an authorisation application

The Authority may—

(a) arrange for a site inspection to be carried out by the Authority or its authorised agent;

(b) request that information about the meters be provided from a certified installer who was responsible for, or checked, the installation of the meters;

(c) if information is provided by the person making the authorisation application, request evidence that the accuracy of the information is verified by the certified installer who was responsible for, or checked, the installation of the meters.

Section 25 Authorisation

(1) Where paragraph (2) applies, the Authority must—

(a) give authorisation for the metering arrangement; and

(b) notify the applicant , and where there is an assignment the NRI, that the authorisation application has been successful.

(2) This paragraph applies if the Authority is satisfied that—

(a) all eligible meters located in accordance with the metering arrangement are positioned in accordance with the relevant paragraph of regulation 15 or 16;

(b) the requirements set out in paragraph (3) are met; and

(c) the requirements set out in paragraphs (4) to (6) are met as applicable.

(3) The requirements set out in this paragraph are that the location and type of eligible meters identified in the metering arrangement will or would if the plant (“plant A”) were given accreditation, enable sufficient information to be gathered for the Authority to calculate plant A’s eligible metered heat in a way that will not result in RHI payments which are materially greater than if eligible meters were installed in accordance with regulation 15(2) (for biomass plants) or 16(2) (for heat pumps).

(4) The requirements set out in this paragraph are that, if eligible meters are positioned in accordance with paragraph (3) or (4) of regulation 15 or paragraph (3) or (4) of regulation 16, the heat output from plant A cannot be metered separately from the heat output from another plant (“plant B”).

(5) The requirements set out in this paragraph are that, if eligible meters are installed in accordance with paragraph (4) of regulation 15 or paragraph (4) of regulation 16—

(a) eligible meters cannot be installed to record separately the heat output from plant B; and

(b) other measurements recorded by eligible meters can be used to calculate the heat output from plant A.

(6) The requirements set out in this paragraph are that, if eligible meters are installed in accordance with paragraph (5) of regulation 16, plant A is a heat pump which is capable of providing heating as well as cooling.

Section 26 Duty to make RHI payments

(1) Subject to Parts 8 and 10, the Authority must make payments, referred to in these Regulations as “RHI payments”, to—

(a) a participant (“P”); or

(b) where there is an assignment, the NRI,

in respect of the heat generated by P’s accredited domestic plant.

(2) RHI payments accrue for seven years from the tariff start date.

(3) The Authority—

(a) must calculate the amount of RHI payments in accordance with regulation 27 or 28 and make RHI payments in arrears;

(b) may decide on the frequency of any RHI payments.

(4) Where—

(a) the Authority does not have all of the data it requires to calculate an RHI payment; and

(b) is unable to obtain any missing data under regulation 43(4), the Authority may estimate that data in order to make that calculation.

(5) In regulations 27 and 28, where the RHI payment for an accredited domestic plant is calculated for a quarterly period which starts before the second relevant date and ends on or after the second relevant date, “applicable initial tariff or subsequent tariff” means, as the case may be—

(a) the initial tariff which applies to that plant on the second relevant date, as calculated in accordance with regulation 34; or

(b) the subsequent tariff which applies to that plant on the second relevant date, as calculated in accordance with regulation 37.

Section 26A Investors and RHI payments

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.

Section 27 Calculation of RHI payments where metering is not required

Subject to regulation 48(6)(b), where the Authority has not provided a metering statement for an accredited domestic plant, the RHI payment for that plant for any quarterly period is calculated in accordance with the following formula—

where—

A is the applicable initial tariff or subsequent tariff for the accredited domestic plant;

B is the deemed annual heat generation for the plant; and

C is the grant funding deduction for the accredited domestic plant for the quarterly period.

Section 28 Calculation of RHI payments where heat generated by a plant must be metered

(1) Where the Authority has provided a metering statement for an accredited domestic plant, the RHI payment for that plant for any quarterly period is calculated in accordance with this regulation.

(2) Subject to paragraph (3), the RHI payment for a quarterly period is R, where R is calculated in accordance with the following formula—

where—

A is the applicable initial tariff or subsequent tariff for the accredited domestic plant;

B is—

subject to paragraph (ii), the eligible metered heat for the plant for the quarterly period; or

0 if the eligible metered heat is less than 0;

C is the grant funding deduction for the plant for the quarterly period; and

D is—

0 if the quarterly period commences on the tariff start date;

0 if the quarterly period commences on any subsequent date and PR is 0 or greater; or

PR if the quarterly period commences on any subsequent date and PR is less than 0.

(3) Where R is a figure which is less than 0, the RHI payment for the quarterly period is 0.

(4) Where in any quarterly period, R is a figure which is 0 or higher and the sum of that figure and AP is greater than MaxP, the RHI payment for the quarterly period is calculated in accordance with the following formula—

(5) In this regulation—

“AP” is the sum of all RHI payments payable for heat generated by the accredited domestic plant for the applicable period other than the RHI payment for that quarterly period;

“applicable period” means—

the 12 month period commencing on the tariff start date or the anniversary of the tariff start date and which includes the quarterly period; or

the period commencing on the tariff start date or the anniversary of the tariff start date for which the Authority has received four quarterly meter readings and which includes the quarterly period; and

“MaxP” means the figure calculated in accordance with the following formula—

where—

E is the applicable initial tariff or subsequent tariff for the accredited domestic plant;

F is the deemed annual heat generation for the plant for the applicable period; and

G is the grant funding deduction for the plant for the quarterly period, multiplied by 4; and

“PR” is the value of R for the accredited domestic plant for the quarterly period immediately preceding the period for which RHI payments are being calculated.

Section 29 Calculation of deemed annual heat generation

(1) The amount of heat in kWh which an accredited domestic plant is deemed to generate every 12 months (the “deemed annual heat generation”) is calculated in accordance with this regulation.

(2) If the accredited domestic plant is a biomass plant which provides space heating, but not heating for domestic hot water, to the RHI property, the deemed annual heat generation is—

(a) for an accredited domestic plant with a tariff start date before the second relevant date, the heat demand for space heating specified in the relevant EPC for that property; or

(b) for an accredited domestic plant with a tariff start date on or after the second relevant date, the lower of—

(i) the heat demand for space heating specified in the relevant EPC for that property; or

(ii) 25,000 kWh.

(3) If the accredited domestic plant is a biomass plant which provides both space heating and domestic hot water heating to the RHI property, the deemed annual heat generation is—

(a) for an accredited domestic plant with a tariff start date before the second relevant date, the heat demand for space heating and water heating specified in the relevant EPC for that property; or

(b) for an accredited domestic plant with a tariff start date on or after the second relevant date, the lower of—

(i) the heat demand for space heating and water heating specified in the relevant EPC for that property; or

(ii) 25,000 kWh.

(4) If the accredited domestic plant is a heat pump which provides space heating, but not heating for domestic hot water, to the RHI property, the deemed annual heat generation is—

(a) for an accredited domestic plant with a tariff start date before the second relevant date, calculated in accordance with the following formula—

where—

A is the heat demand for space heating specified in the relevant EPC for that property; and

B is the seasonal performance factor for the heat pump; or

(b) for an accredited domestic plant with a tariff start date on or after the second relevant date, the lower of—

(i) the result of the formula in sub-paragraph (a); or

(ii) the result of the following formula—

where—

C is 20,000 kWh in the case of an air source heat pump, or 30,000 kWh in the case of a ground source heat pump; and

B is the seasonal performance factor for the heat pump.

(5) If the accredited domestic plant is a heat pump which provides both space heating and domestic hot water heating to the RHI property, the deemed annual heat generation is—

(a) for an accredited domestic plant with a tariff start date before the second relevant date, calculated in accordance with the following formula—

where—

A is the heat demand for space heating and water heating specified in the relevant EPC for that property; and

B is the seasonal performance factor for the heat pump; or

(b) for an accredited domestic plant with a tariff start date on or after the second relevant date, the lower of—

(i) the result of the formula in sub-paragraph (a); or

(ii) the result of the following formula—

where—

C is 20,000 kWh in the case of an air source heat pump, or 30,000 kWh in the case of a ground source heat pump; and

B is the seasonal performance factor for the heat pump.

(6) If the accredited domestic plant is a solar thermal plant and its first commissioning date is on or after the relevant date, its deemed annual heat generation is the total heat generated by that plant on an annual basis calculated in accordance with Issue 2.0 of the document entitled “MCS 024 Solar Thermal Domestic Hot Water Energy Calculator” published on 1st December 2021 or a subsequent version or issue of that document approved by the Secretary of State under regulation 2B(2) .

(7) If the accredited domestic plant is a solar thermal plant and its first commissioning date is earlier than the relevant date, the deemed annual heat generation is the total heat which the Authority estimates, at the time it gives accreditation, that the accredited domestic plant will generate on an annual basis, having regard to any relevant information about the accredited domestic plant on the MCS register.

Section 30 Calculation of eligible metered heat generated by biomass plants

(1) The eligible metered heat in kWh for an accredited domestic plant which is a biomass plant for any quarterly period is calculated in accordance with the following formula—

where—

A is calculated in accordance with paragraph (2);

B is calculated in accordance with paragraph (3);

C is calculated in accordance with paragraph (5);

D is calculated in accordance with paragraph (7); and

E is calculated in accordance with paragraph (8).

(2) A is—

(a) 1 if the accredited domestic plant is a biomass boiler; or

(b) 1.2 if the accredited domestic plant is a biomass stove.

(3) Subject to paragraph (4), B is the heat in kWh recorded by eligible meters positioned in accordance with regulation 15 generated by—

(a) the accredited domestic plant; or

(b) the accredited domestic plant and any additional plants if the heat generated by the accredited domestic plant is recorded together with the heat generated by such additional plants.

(4) Where any heat referred to in paragraph (3) is recorded at the point where it leaves a domestic hot water cylinder, the heat recorded at that point is multiplied by 1.43 before being included (with the heat recorded at any other point) in B.

(5) C is—

(a) subject to paragraph (6), the heat in kWh generated by any additional plants included in B if the relevant metering statement specifies that eligible meters must be positioned in accordance with regulation 15(3); or

(b) 0 in any other case.

(6) Where any heat generated by any additional plants included in B is generated by an air source heat pump for the purposes of defrosting, all heat generated by that air source heat pump is multiplied by 0.97 before being included in C.

(7) D is—

(a) the electricity consumption in kWh by any additional plants if the relevant metering statement specifies that eligible meters must be positioned in accordance with regulation 15(4); or

(b) 0 in any other case.

(8) E is—

(a) if B includes heat generated by any additional plants which use a fuel when generating heat, the energy content of that fuel in kWh if the relevant metering statement specifies that eligible meters must be positioned in accordance with regulation 15(4); or

(b) 0 in any other case.

(9) In this regulation, “relevant metering statement” means the metering statement for the accredited domestic plant.

Section 31 Calculation of eligible metered heat generated by heat pumps

(1) Subject to paragraph (10), the eligible metered heat in kWh for an accredited domestic plant which is a heat pump for any quarterly period is calculated in accordance with the following formula—

where—

A is calculated in accordance with paragraph (2);

B is calculated in accordance with paragraph (3);

C is calculated in accordance with paragraph (5);

D is calculated in accordance with paragraph (7); and

E is calculated in accordance with paragraph (8).

(2) A is—

(a) 0.97 if any of the heat referred to in paragraph (3) is generated by an accredited domestic plant which is an air source heat pump for the purposes of defrosting; or

(b) 1 in any other case.

(3) Subject to paragraph (4), B is the heat in kWh recorded by eligible meters positioned in accordance with regulation 16 generated by—

(a) the components of the accredited domestic plant specified in the metering statement as being included in this calculation; or

(b) the components referred to in sub-paragraph (a) and any additional plants if the heat generated by the accredited domestic plant is recorded together with the heat generated by such additional plants.

(4) Where any of the heat referred to in paragraph (3) is recorded at the point where it leaves a domestic hot water cylinder, the heat recorded at that point is multiplied by 1.43 before being included (with the heat recorded at any other point) in B.

(5) C is—

(a) subject to paragraph (6), the heat in kWh generated by any additional plants included in B if the relevant metering statement specifies that eligible meters must be installed in accordance with regulation 16(3), or if it specifies that eligible meters must be installed in accordance with regulation 16(5) and the authorised metering arrangement provides for eligible meters to be located to record such heat; or

(b) 0 in any other case.

(6) Where any heat generated by any additional plants included in B is generated by an air source heat pump for the purposes of defrosting, all heat generated by that air source heat pump is multiplied by 0.97 before being included in C.

(7) D is—

(a) the energy content in kWh of any fuel which is used by the accredited domestic plant or any additional plants when generating the heat included in B if the relevant metering statement specifies that eligible meters must be installed in accordance with—

(i) regulation 16(4); or

(ii) regulation 16(5) and the authorised metering arrangement provides for eligible meters to be located to record such relevant energy consumption; or

(b) 0 in any other case.

(8) E is—

(a) subject to paragraph (9), the electricity consumption in kWh by the accredited domestic plant and any additional plants used to generate the heat referred to in paragraph (3) if the relevant metering statement specifies that eligible meters must be installed in accordance with—

(i) regulation 16(2), (3) or (4); or

(ii) regulation 16(5) and the authorised metering arrangement provides for eligible meters to be located to record such relevant energy consumption; or

(b) 0 in any other case.

(9) Any electricity consumed when providing cooling is excluded from the electricity consumption referred to in paragraph (8)(a) before that consumption is included in E if—

(a) the relevant metering statement states that eligible meters must be installed in accordance with regulation 16(5); and

(b) the authorised metering arrangement provides for eligible meters to be located to record—

(i) electricity consumption by the accredited domestic plant while the plant is providing cooling to the RHI property separately from any other electricity consumption; or

(ii) sufficient information about the accredited domestic plant to enable the electricity consumption when providing cooling to be determined.

(10) Where the plant is a ground source heat pump, its eligible metered heat is the heat extracted from the ground (including water in the ground), surface water or both if—

(a) the relevant metering statement states that eligible meters must be installed in accordance with regulation 16(5); and

(b) the authorised metering arrangement provides for eligible meters to be located to record such heat.

(11) In this regulation—

“relevant energy consumption” has the same meaning as in regulation 16; and

“relevant metering statement” means the metering statement for the accredited domestic plant.

Section 32 Calculation of grant funding deduction

(1) The grant funding deduction for an accredited domestic plant for any quarterly period is—

(a) if none of the plant’s purchase or installation costs are funded by a grant from public funds, 0;

(b) if some or all of the plant’s purchase or installation costs are funded by a grant from public funds, calculated in accordance with the following formula—

where A is calculated in accordance with paragraph (2).

(2) For the purposes of paragraph (1)(b), A is—

(a) for the quarterly period commencing on the tariff start date, the figure that the Authority believes represents the total value of any grants from public funds which were received by the participant or any other owner, or former owner, of the accredited domestic plant for the costs of the purchase or installation of the accredited domestic plant;

(b) for any subsequent quarterly period that—

(i) does not include 1st April of any calendar year, the value of A in the previous quarterly period; or

(ii) includes 1st April of any calendar year, the value of A in the previous quarterly period adjusted by the percentage increase or decrease, for the calendar year ending on 31st December immediately preceding that 1st April, in—

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

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

the resulting figure being stated to two decimal places and rounded.

Section 33 Duty to calculate and publish tariffs

(A1) The requirement in paragraph (1)(a) does not apply after scheme closure.

(1) The Authority must calculate in accordance with this Part and publish on its website, by the dates specified in paragraphs (2) and (3), tables specifying in relation to each tariff category—

(a) the initial tariffs for accredited domestic plants with a tariff start date in the tariff period immediately following the date on which the table is published; and

(b) the subsequent tariffs for accredited domestic plants for the financial year which commences on or after the date on which the table is published.

(2) The tables of initial tariffs must be published by 15th September 2014 and 15th December 2014, and in each subsequent calendar year by 15th March, 15th June, 15th September and 15th December.

(3) The tables of subsequent tariffs must be published by—

(a) 1st April 2014, but only where the relevant date is earlier than that date; and

(b) 1st April 2015 and 1st April of each subsequent calendar year.

Section 34 Calculation of initial tariffs

(1) The initial tariff for an accredited domestic plant is calculated in accordance with this regulation.

(2) Where the first commissioning date for the accredited domestic plant is earlier than the relevant date or its tariff start date is earlier than 1st October 2014, the initial tariff is the tariff for the plant’s tariff category set out in Schedule 5.

(2A) Where—

(a) the tariff start date for the plant is on or after 1st April 2017 but before the second relevant date, the initial tariff for the period commencing on the second relevant date and ending on 31st March 2018 is the tariff for the plant’s tariff category set out in Schedule 5A; and

(b) the tariff start date for the plant is on or after the second relevant date but before 1st January 2018, the initial tariff for the initial tariff period is the tariff for the plant’s tariff category set out in Schedule 5A.

(3) In any case not falling within paragraph (2) or (2A) , the initial tariff for the initial tariff period is calculated in accordance with the following formula—

where—

A is calculated in accordance with regulation 35; ...

B is calculated in accordance with regulation 36 ; and

the resulting figure is stated to two decimal places and rounded.

Section 35 Calculation of initial tariffs: calculation of A

(1) This regulation provides for the calculation of A for the purposes of regulation 34(3)(a).

(2) If the accredited domestic plant’s tariff start date is in a tariff period commencing on—

(a) 1st October 2014, A is the tariff for the tariff category for the accredited domestic plant (“the relevant tariff category”) set out in Schedule 5;

(b) 1st January, 1st July or 1st October (other than 1st October 2014), A is the initial tariff that would have been applicable if the tariff start date had fallen on the day immediately preceding the commencement of that tariff period (“the previous tariff”);

(c) 1st April, A is the previous tariff adjusted by the percentage increase or decrease, for the year ending on 31st December immediately preceding the year in which that tariff period falls, in—

(i) the retail prices index, if the tariff period commences on 1st April 2015 or 1st April 2016; or

(ii) the consumer prices index, if the tariff period commences on 1st April of any subsequent calendar year,

the resulting figure being stated to two decimal places and rounded.

Section 36 Calculation of initial tariffs: calculation of B

(1) This regulation provides for the calculation of B for the purposes of regulation 34(3)(b).

(2) Save where paragraphs (3) or (4) apply, B is 1.

(3) B is 0.9 if, on the relevant assessment date—

(a) the expenditure threshold and the growth threshold are exceeded; and

(b) either the super growth threshold or the super expenditure threshold is exceeded (but not both).

(4) B is 0.8 if, on the relevant assessment date—

(a) the super expenditure threshold is exceeded; and

(b) the super growth threshold is exceeded.

(5) In this regulation—

(a) the expenditure threshold is exceeded on an assessment date if the forecast for expenditure for the relevant tariff category in relation to that date exceeds the figure specified for that tariff category and assessment date in the second column of the table in the relevant Part of Schedule 6;

(b) the growth threshold is exceeded on an assessment date if the increase in expenditure forecast for the relevant tariff category in relation to that date exceeds the figure specified in relation to that tariff category and date in the third column of the table in the relevant Part of Schedule 6;

(c) the super expenditure threshold is exceeded on an assessment date if the forecast for expenditure for the relevant tariff category in relation to that date exceeds the figure specified in relation to that date in the fourth column of the table in the relevant Part of Schedule 6;

(d) the super growth threshold is exceeded on an assessment date if the increase in expenditure forecast for the relevant tariff category in relation to that date exceeds the figure specified in relation to that tariff category and date in the fifth column of the table in the relevant Part of Schedule 6;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the purposes of this regulation—

“relevant assessment date” means the assessment date immediately preceding the commencement of the relevant tariff period;

“relevant tariff category” means the tariff category for the accredited domestic plant; and

“relevant tariff period” means the tariff period that the tariff start date for the accredited domestic plant is in.

Section 37 Calculation of subsequent tariffs

(1) The subsequent tariff for an accredited domestic plant is calculated in accordance with this regulation.

(2) Save as provided in paragraph (3), the subsequent tariff for a financial year is the tariff applicable to the accredited domestic plant immediately prior to the end of the previous financial year, adjusted by the percentage increase or decrease in the relevant measure of inflation for the year ending on 31st December immediately preceding the commencement of the financial year to which the subsequent tariff relates, the resulting figure being stated to two decimal places and rounded.

(3) Where—

(a) the accredited domestic plant is a biomass plant or heat pump; and

(b) the tariff start date for that plant is on or after 14th December 2016 but before 1st April 2017,

the subsequent tariff for the period commencing on the second relevant date and ending on 31st March 2018 is the tariff for the plant’s tariff category set out in Schedule 5A.

(4) In this regulation, “relevant measure of inflation” means—

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

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

Section 38 Expenditure forecast statement and tariff change notice

(A1) The requirement in paragraph (1) does not apply after scheme closure.

(1) The Secretary of State must publish on the GOV.UK website a statement (an “expenditure forecast statement”) in accordance with this regulation.

(2) For that purpose, the Secretary of State must determine as at the latest assessment date—

(a) for each tariff category, the forecast for expenditure in relation to the relevant plants that are in that tariff category; and

(b) the increase in expenditure forecast in relation to each tariff category.

(3) An expenditure forecast statement must set out, as at the latest assessment date—

(a) each of the forecasts for expenditure referred to in paragraph (2)(a); and

(b) each of the increase in expenditure forecasts referred to in paragraph (2)(b).

(4) Paragraph (5) applies to a tariff where—

(a) the tariff is the initial tariff for accredited domestic plants with a tariff start date in the tariff period immediately following the publication of the expenditure forecast statement (“tariff period A”);

(b) the tariff differs from the initial tariff for plants in the same tariff category with a tariff start date in the tariff period immediately preceding tariff period A; and

(c) the reason for that difference is not solely due to an increase or decrease in the retail prices index or consumer prices index .

(5) Where this paragraph applies, the Secretary of State must also publish with the expenditure forecast statement a notice (“the tariff change notice”) setting out that tariff and identifying the tariff period and tariff category to which it relates.

(6) The expenditure forecast statement, and if applicable the tariff change notice, must be published by 1st September 2014 and 1st December 2014 and subsequently by 1st March, 1st June, 1st September and 1st December in each calendar year.

(7) In this regulation—

“estimated spend”, in relation to a relevant plant and an assessment date, means the higher of 0 or the product of the calculation —

where—

A is—

if the relevant plant is an accredited domestic plant, the deemed annual heat generation; or

in any other case, the amount of heat in kWh that will be the deemed annual heat generation for the plant if accreditation is given;

B is—

if the eligible property to which the relevant plant provides heat is not an eligible new-build property and was occupied for less than 183 days in the 12 month period ending on the RHI date for the plant, or the participant has notified the Authority that the eligible property is occupied for less than 183 days in a 12 month period, the number of days the Secretary of State estimates that the eligible property will be occupied in the 12 month period commencing on the assessment date divided by 365; or

in any other case, 1;

C is—

if the relevant plant is an accredited domestic plant, the tariff applicable to that plant on the assessment date; or

in any other case, the tariff that will be the initial tariff for the relevant plant if accreditation is given; and

D is—

if the relevant plant is an accredited domestic plant, the grant funding deduction for the relevant plant for the quarterly period that includes the assessment date, multiplied by 4; or

if the relevant plant is not an accredited domestic plant, the total value of any grants from public funds for the costs of the purchase or installation of the relevant plant which were disclosed by the person making the accreditation application at the time the application was made divided by 7, or 0 if no such grant was disclosed;

“forecast for expenditure” means the sum of the estimated spend at an assessment date for each relevant plant which is in a tariff category;

“increase in expenditure forecast” means the difference between the forecast for expenditure for a tariff category—

as at that assessment date; and

as at the assessment date immediately preceding that assessment date; and

“relevant plant” means a plant for which the first commissioning date is on or after the relevant date and where the plant is—

an accredited domestic plant; or

a plant for which an accreditation application has been made and has not been determined by the Authority.

Section 39 Ongoing obligations: general

A participant (“P”) must comply with the following ongoing obligations, as applicable—

(a) if the accredited domestic plant is a biomass plant, upon a request by the Authority P must provide to the Authority evidence as to the type of fuel purchased and used in that plant for any period specified in the request during which P was a participant;

(b) P must not receive any grant from public funds for any of the costs of the purchase or installation of the accredited domestic plant other than any grant which was notified to the Authority when the accreditation application was made;

(c) P must ensure that the accredited domestic plant continues to meet the eligibility criteria;

(d) P must comply with any condition attached to P’s accreditation;

(e) P must keep the accredited domestic plant in good working order;

(f) if P is not the owner of the RHI property, P must provide a copy of any notification under regulation 40(1)(i) or 40(1)(j) to the owner or owners of that property;

(g) P must repay any overpayment in accordance with any notice served on P under regulation 60;

(h) P must not move the accredited domestic plant to a new location;

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

(j) on receipt of a request for access under regulation 56 or regulation 63(3)(b), P must—

(i) allow the Secretary of State, the Authority or the Authority’s authorised agent, as applicable, access to the RHI property and any related property to carry out any of the activities described in those regulations; and

(ii) offer reasonable cooperation to that person;

(k) P must comply with any other requests by the Secretary of State under regulation 63(3)(c);

(l) if P does not live in the RHI property P must have, at all times, agreement from all occupants of the RHI property and any related property that those occupants will allow the Secretary of State, the Authority or the Authority’s authorised agent reasonable access in the event of a request under regulation 56 or regulation 63(3)(b) and will co-operate with such a request; ...

(m) P must not seek accreditation under the Renewable Heat Incentive Scheme Regulations 2011 for an accredited domestic plant, or any other plant which provides heat to the same RHI property as an accredited domestic plant ; and

(n) in relation to an accredited domestic plant with a tariff start date on or after 27th June 2018, P must ensure that RHI payments are not made to an investor, directly or indirectly, unless the investor is an NRI.

Section 40 Ongoing obligations: changes affecting accredited domestic plants

(1) A participant (“P”) must notify the Authority if, at any time in the tariff lifetime—

(a) P becomes aware that any of the information provided in support of the accreditation application for P’s accredited domestic plant is incorrect;

(b) the accredited domestic plant no longer generates heat for the RHI property;

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

(c) a replacement plant is installed which generates heat for the RHI property;

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

(d) any other plant is installed which generates heat for the RHI property;

(e) the RHI property is occupied for less than 183 days in any 12 month period after the RHI date for the plant, unless the Authority has provided a metering statement for the plant;

(f) the accredited domestic plant no longer provides heat for an eligible purpose;

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

(h) P ceases to comply with an ongoing obligation;

(i) P, or another owner of the accredited domestic plant, intends to transfer ownership of all or part of the accredited domestic plant within 28 days;

(j) any change in ownership of all or part of the accredited domestic plant has taken effect;

(k) there is any other change in circumstances which may affect P’s eligibility to receive RHI payments; ...

(l) any meter which is required under a metering statement for the accredited domestic plant is moved, is replaced, is reset or ceases to operate, be in good working order or be an eligible meter, or any eligible meters are added or removed ; or

(m) where there is an assignment, there is a change in the terms of the contract referred to in paragraph 1(j) of Schedule 4 .

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

Section 41 Ongoing obligations: annual declarations

A participant (“P”) must submit a declaration each year to the Authority, at such time and in such form as the Authority may request, confirming—

(a) that P continues to own the accredited domestic plant;

(b) that, to the best of P’s knowledge and belief, no owner or previous owner of the accredited domestic plant has received—

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

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

(c) that the accredited domestic plant is in good working order, no repair work has been carried out in relation to the plant, no part of the plant has been replaced and the plant has not been replaced with another plant, unless P has notified the Authority under regulation 40(1) of the repair work, the replacement of part of the plant during the repair work, or the installation of a replacement plant ;

(d) the number of days on which the RHI property was occupied in the 12 month period ending on the date the declaration is given and the number of days on which P expects the property to be occupied in the next 12 months;

(da) a change in the level of occupancy if—

(i) the number of days the RHI property was occupied in the 12 month period ending on the date the declaration is given was less than 183 days;

(ii) this level of occupancy has not previously been notified to the Authority under regulation 40 or this regulation; and

(iii) the Authority has not provided a metering statement for the plant;

(e) if P does not live in the RHI property, that all occupants of the property have agreed to permit access to the property by the Authority, the Secretary of State or the Authority’s authorised agent for the purposes of carrying out any function under these Regulations;

(f) where the Authority has provided a metering statement for the accredited domestic plant, that each eligible meter which is required under that statement is in good working order; ...

(g) where the accredited domestic plant is a biomass plant—

(i) that all solid biomass used in that plant on or after 5th October 2015 was—

(aa) an approved sustainable fuel at the time when it was received by the participant; or

(bb) a fuel in respect of which the Secretary of State has made a declaration under regulation 36E(5) of the Renewable Heat Incentive Scheme Regulations 2011 or regulation 51(5) of the Renewable Heat Incentive Scheme Regulations 2018; and

(ii) the authorisation number or other means of identification allocated to that fuel by the scheme under which, at the time it was received by the participant, that fuel was listed ;

(h) where the accredited domestic plant is a heat pump for which the RHI date is on or after the third relevant date, the plant continues to meet the requirements under regulation 5(2); ...

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

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