The Renewable Heat Incentive Scheme Regulations 2018

[F1 Modification of installation capacity — shared ground loop systems E+W+S

52A.— [F2 (1) This regulation applies to—

(a) an accredited RHI installation which is a ground source heat pump or a shared ground loop system;

(b) a proposed plant.]

[F3 (1A) A “proposed plant” is a ground source heat pump or a shared ground loop system which a person (the “relevant person”) proposes to construct and operate and in respect of which either—

(a) (i) the Authority has granted a tariff guarantee;

(ii) the Authority has re-issued a notice under regulation 35(7B) or (8B); and

(iii) no accreditation has been granted under regulation 30; or

(b) (i) the Authority has granted an extension of time to the relevant person under regulation 3B(6); and

(ii) no accreditation has been granted under regulation 30.

(1B) Where this regulation applies to a proposed plant—

(a) the relevant person must notify the Authority of any plan to modify capacity (as defined in paragraph (2)) in accordance with this regulation as if—

(i) references to the accredited RHI installation were references to the proposed plant;

(ii) references to the participant were references to the relevant person;

(b) on receipt of a notification made under paragraph (2)—

(i) the Authority must not review the plan to modify capacity or send the relevant person a written notice under paragraph (6) until the proposed plant has been accredited under regulation 30;

(ii) in the event that either—

(aa) no application for accreditation under regulation 30 in respect of the proposed plant has been made before 1st April 2023; or

(bb) the Authority has rejected an application for accreditation under regulation 30 in respect of the proposed plant,

the Authority must send the relevant person a written notice stating that it will not review the plan to modify capacity.]

(2) The participant must notify the Authority on or before 31st March 2023 of any plan to modify the installation capacity of the accredited RHI installation by adding one or more ground source heat pumps in the circumstances set out in paragraph (3) (“plan to modify capacity”).

(3) The circumstances are—

(a) any ground source heat pump to be added to the accredited RHI installation as part of the modification (“additional ground source heat pump”)—

(i) will be commissioned as part of a shared ground loop system; and

(ii) will meet the eligibility criteria set out in regulation 11; and

(b) after the commissioning of any additional ground source heat pump, there will be an increase in the amount of heat in kWhth generated by the accredited RHI installation for eligible purposes.

[F4 (3A) A participant must not notify the Authority of any further plan to modify capacity in relation to the same accredited RHI installation without first withdrawing the original plan to modify capacity.]

(4) A notification under paragraph (2) must be made in writing to the Authority and must—

(a) provide details of the plan to modify capacity, including—

(i) whether the participant plans to modify the installation capacity under this regulation once only, or twice;

(ii) the total intended installation capacity of the accredited RHI installation following the modification or modifications detailed in the plan (“total intended installation capacity”);

(iii) the date on which the participant expects each additional ground source heat pump to be commissioned (“expected commissioning date”); and

(iv) the amount of heat in kWhth which the participant expects each additional ground source heat pump to generate each year for eligible purposes; and

(b) be supported by—

(i) details of the process by which the participant proposes to modify the installation capacity of the accredited RHI installation;

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

(iii) a declaration that the information provided by the participant is accurate to the best of the participant’s knowledge and belief; and

[F5 (iv) a declaration that the participant will be the owner, or one of the owners, of each additional ground source heat pump or, where the participant will not be the owner, or one of the owners, of an additional ground source heat pump, evidence, in such manner and form as the Authority may request, to enable the Authority to satisfy itself—

(aa) that the participant will be able to comply with their ongoing obligations in respect of the additional ground source heat pump;

(bb) of the matters mentioned in paragraph (7)(ba).]

(5) On receipt of a notification under paragraph (2), the Authority may request the participant to provide within a period of no less than four weeks starting with the date of the request—

(a) further information specified in Schedule 2;

(b) evidence of any heat loss calculation used in determining the increase in the amount of heat in kWhth to be generated by the accredited RHI installation for eligible purposes;

(c) evidence to demonstrate to the Authority’s satisfaction that the shared ground loop system is an appropriate size for the total intended installation capacity.

(6) On reviewing a plan to modify capacity, the Authority must send the participant a written notice—

(a) approving or rejecting the plan;

(b) if the plan is rejected, giving reasons; and

(c) if the plan is approved, specifying—

(i) that the Authority is satisfied as to the matters mentioned in paragraph (7); and

(ii) the tariff which will apply to the accredited RHI installation in relation to the total intended installation capacity.

(7) The Authority must not approve a plan to modify capacity unless satisfied that—

(a) the circumstances in paragraph (3) apply;

(b) the evidence and information required by paragraphs (4) and (5) have been provided;

[F6 (ba) where the participant is not the owner, or one of the owners, of an additional ground source heat pump, the participant has authority from the owner, or one of the owners, of the additional ground source heat pump to—

(i) notify the Authority of the plan to modify capacity; and

(ii) be the participant for the purposes of the Scheme;]

(c) the accredited RHI installation will continue to meet the eligibility criteria and should accordingly continue to be accredited;

(d) regulation 52B(4) does not apply;

[F7 (da) regulation 52B(4A) does not apply;]

(e) where regulation 53(1)(a) or (b) applies, the metering requirements in regulation 24 will be met;

(f) the notification under paragraph (2) was made on or before 31st March 2023.

(8) A participant must notify the Authority within 28 days after modifying the installation capacity of an accredited RHI installation in accordance with a plan approved under this regulation.

(9) A participant may not modify the installation capacity of an accredited RHI installation under this regulation more than twice during the tariff lifetime for that installation.

(10) A notification under paragraph (8) in relation to a modification must contain—

(a) the commissioning date or expected commissioning date for each ground source heat pump added as part of the modification;

(b) the installation capacity of the accredited RHI installation following the modification (“new installation capacity”);

(c) evidence that the new installation capacity does not exceed the total intended installation capacity; and

(d) evidence of any heat loss calculation used in determining the increase in the amount of heat in kWhth generated by the accredited RHI installation for eligible purposes.

(11) On receipt of a notification under paragraph (8), the Authority may request the participant to provide, within a period of no less than four weeks starting with the date of the request, additional information in order to be satisfied as to the matters specified in paragraph (12)(a) to (c).

(12) Paragraphs (13) and (14) apply if the Authority is satisfied that, following a modification—

(a) the accredited RHI installation continues to meet the eligibility criteria;

(b) the new installation capacity does not exceed the total intended installation capacity; and

(c) there has not been a material change in circumstances such that, had the plan to modify capacity been notified under paragraph (2) after the change, it would have been rejected.

(13) The Authority must update the central register referred to in regulation 30(9)(c) if appropriate.

(14) Periodic support payments taking account of the amount of heat in kWhth generated for eligible purposes by the ground source heat pump or pumps added as part of the modification, calculated from the date in paragraph (15), are payable in accordance with these Regulations.

(15) The date is the commissioning date for the last ground source heat pump added as part of the modification.

(16) The tariff which will apply to the accredited RHI installation from the first quarterly period following the date in paragraph (15) is—

(a) if as a result of the modification there is no change in the tariff category (as defined in regulation 56), the relevant tariff set out in Schedule 6 determined as at the tariff start date for that installation;

(b) if as a result of the modification there is a change in the tariff category, the relevant tariff set out in Schedule 6.

(17) In calculating the initial tariff or subsequent tariff, “initial heat” in regulation 63(6) must be determined taking into account the installed peak heat output capacity of the ground source heat pump or pumps added as part of the modification.

(18) The addition of any ground source heat pump or pumps to an accredited RHI installation in accordance with a plan approved under this regulation does not alter the tariff end date or the tariff lifetime for that installation.]

Textual Amendments

F1 Regs. 52A, 52B inserted (1.4.2021) by The Domestic Renewable Heat Incentive Scheme and Renewable Heat Incentive Scheme (Amendment) Regulations 2021 (S.I. 2021/76), regs. 1(4)(b), 23

F2 Reg. 52A(1) substituted (16.11.2022) by The Renewable Heat Incentive Scheme (Amendment) Regulations 2022 (S.I. 2022/1096), regs. 1(1), 4(a)

F3 Reg. 52A(1A)(1B) inserted (16.11.2022) by The Renewable Heat Incentive Scheme (Amendment) Regulations 2022 (S.I. 2022/1096), regs. 1(1), 4(b)

F4 Reg. 52A(3A) inserted (1.4.2022) by The Domestic Renewable Heat Incentive Scheme and Renewable Heat Incentive Scheme (Amendment) Regulations 2022 (S.I. 2022/159), regs. 1(3), 42(a)

F5 Reg. 52A(4)(b)(iv) substituted (16.11.2022) by The Renewable Heat Incentive Scheme (Amendment) Regulations 2022 (S.I. 2022/1096), regs. 1(1), 4(c)

F6 Reg. 52A(7)(ba) inserted (16.11.2022) by The Renewable Heat Incentive Scheme (Amendment) Regulations 2022 (S.I. 2022/1096), regs. 1(1), 4(d)

F7 Reg. 52A(7)(da) inserted (1.4.2022) by The Domestic Renewable Heat Incentive Scheme and Renewable Heat Incentive Scheme (Amendment) Regulations 2022 (S.I. 2022/159), regs. 1(3), 42(b)