The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2016

• Citation: S.I. 2016/257
• Sections: 28

Section 1 Citation and commencement

These Regulations may be cited as the Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2016 and come into force on 24th March 2016.

Section 2 Amendments to the Renewable Heat Incentive Scheme Regulations 2011

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Section 3 Amendments to regulation 2 (interpretation)

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Section 4 Amendment to regulation 13 (certification for installation of Microgeneration heating equipment)

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Section 5 Amendment to regulation 23 (treatment of grants from public funds)

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Section 6 Amendments to regulation 36B (ongoing obligation to use sustainable solid biomass or biogas or to produce sustainable biomethane)

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Section 7 Amendment to regulation 36D (sustainability audit reports)

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Section 8 Amendments to regulation 37 (payment of periodic support payments to participants)

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Section 9 Amendments to regulation 37B (calculation of A)

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Section 10 Amendments to regulation 39C (CHP systems accredited in relation to the Renewables Obligation)

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Section 11 Amendment to Schedule 2 (provision of information in relation to the use of biomass in certain circumstances)

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Section 12 Amendments to Schedule 2B (land criteria)

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Section 13 Substitution of Schedule 4 (total expenditure)

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Section 14 Amendments to Schedule 5 (expenditure in relation to individual technologies)

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Section 15 Amendments to the Domestic Renewable Heat Incentive Scheme Regulations 2014

The Domestic Renewable Heat Incentive Scheme Regulations 2014 are amended in accordance with regulations 16 to 28.

Section 16 Amendments to regulation 2 (interpretation)

In regulation 2—

(a) insert “(1)” before “In these Regulations—”;

(b) for the definition of “certified installer” substitute the following definition—

“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 ;

(c) after the definition of “condensing plant” insert the following definition—

“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;

(d) omit the definition of “Green Deal Assessment”;

(e) in the definition of “MCS register” for “accredited under EN 45011 or EN ISO/IEC 17065:2012” substitute “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”;

(f) for the definition of “relevant EPC” substitute the following definition—

“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;

(g) after the definition of “working day” insert the following—

(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 17 Amendment to regulation 8 (certification requirements)

For regulation 8(1)(b) substitute—

(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.

Section 18 Amendment to regulation 9 (plants used to generate heat before the first commissioning date)

For regulation 9(2)(a) substitute—

(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;

Section 19 Amendment to regulation 13 (plants where heat generation must be metered)

(1) In regulation 13(4), before “Plant A” insert “Subject to paragraph (4A),”.

(2) After regulation 13(4) insert—

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

Section 20 Amendment to regulation 32 (calculation of grant funding deduction)

For regulation 32(2)(b)(ii) substitute—

(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 21 Amendment to regulation 34 (calculation of initial tariffs)

In regulation 34(3)—

(a) after “regulation 35;” omit “and”;

(b) after “regulation 36” insert—

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

Section 22 Amendment to regulation 35 (calculation of initial tariffs: calculation of A)

For regulation 35(2)(c) substitute—

(c) 1st April (other than 1st April 2014), A is C adjusted by the percentage increase or decrease, for the immediately preceding calendar year, 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 23 Amendment to regulation 37 (calculation of subsequent tariffs)

(1) In regulation 37(2)(b)—

(a) for the formula “A x C” substitute—

(b) omit the words from “to the nearest hundredth of a penny” to the end.

(2) In regulation 37(3)—

(a) for the formula “B x C” substitute—

(b) omit the words from “to the nearest hundredth of a penny” to the end.

(3) For regulation 37(4)(c) substitute—

(c) C is the percentage increase or decrease, for the calendar year ending on 31st December immediately preceding the commencement of the financial year for which the subsequent tariff is being calculated, in—

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

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

Section 24 Amendments to regulation 38 (expenditure forecast statement and tariff change notice)

(1) In regulation 38(4)(c), after “retail prices index” insert “or consumer prices index”.

(2) In sub-paragraph (b)(i) of the definition of “estimated spend” in regulation 38(7), after “provides heat” insert “is not an eligible new-build property and”.

Section 25 Amendment to regulation 46 (changes affecting whether accredited domestic plants must be metered)

After regulation 46(1) insert—

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

Section 26 Amendment to Schedule 3 (eligible properties)

In Schedule 3, for paragraph 1(2) substitute—

(2) The requirements referred to in sub-paragraph (1)(b)(i) are that—

(a) the property was first occupied before the first commissioning date for the plant; and

(b) the period between the date on which the EPC was issued and the RHI date is less than 24 months.

Section 27 Amendment to Schedule 4 (information required for accreditation)

In Schedule 4, omit paragraph 1(j).

Section 28 Substitution of Schedule 6 (expenditure for individual technologies)

For Schedule 6 substitute—

Expenditure for individual technologies

Biomass plants

Air source heat pumps

Ground source heat pumps

Solar thermal plants