The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2015

• Citation: S.I. 2015/145
• Sections: 13

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2015 and, except as provided in paragraph (2), come into force on the day after the day on which they are made.

(2) Regulations 4 to 6 come into force on 5th October 2015.

(3) In these Regulations—

(a) “the 2011 Regulations” means the Renewable Heat Incentive Scheme Regulations 2011 , and

(b) “the 2014 Regulations” means the Domestic Renewable Heat Incentive Scheme Regulations 2014 .

Section 2 Amendments to the 2011 Regulations

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

Section 3 Amendment to regulation 2 (interpretation)

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

Section 4 Amendment to regulation 29 (participants using solid biomass in accredited RHI installations with an installation capacity of 1MWth or above)

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

Section 5 Amendment to regulation 33 (biomethane producers)

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

Section 6 Amendment to regulation 34 (ongoing obligations: general)

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

Section 7 Sustainable solid biomass etc

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

Section 8 Amendment to Schedule 2

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

Section 9 Sustainability criteria

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

Section 10 Amendment to the 2014 Regulations

The 2014 Regulations are amended in accordance with regulations 11 to 13.

Section 11 Amendment to regulation 2 (interpretation)

In regulation 2 of the 2014 Regulations, after the definition of “applicant” insert—

“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;

Section 12 Amendment to regulation 41 (ongoing obligations: annual declarations)

In regulation 41, after paragraph (f) insert—

(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 an approved sustainable fuel, or 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, 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.

Section 13 Sustainable solid biomass

After regulation 42 insert—

(42A)

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

(2) The requirement in this paragraph is that—

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

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