The Renewable Heat Incentive Scheme (Amendment) Regulations 2013

Amendments to regulation 37

4.—(1) Regulation 37 (payment of periodic support payments to participants) is amended as follows.

(2) In paragraph (3), for “regulation 43(5)” insert “regulation 43(5) and (5B)”.

(3) For paragraph (7), substitute—

“(7) The tariff for an accredited RHI installation or a participant who is a producer of biomethane—

(a) for the period commencing with the tariff start date and ending with the following 31st March (“the initial period”), is the tariff specified in paragraph (7A) (“the initial tariff”);

(b) for each year following the initial period commencing with 1st April and ending with the following 31st March (a “subsequent year”), is the tariff specified in paragraph (7B) for the relevant subsequent year (a “subsequent tariff”).

(7A) For the purposes of paragraph (7)(a), the initial tariff is—

(a) if the tariff start date is later than 27th November 2011 but earlier than 1st April 2012, the tariff set out in Schedule 3;

(b) if the tariff start date is later than 31st March 2012 but earlier than 1st April 2013, the tariff set out in Schedule 3 adjusted by the percentage increase or decrease in the retail prices index for the calendar year ending 31st December 2011 (the resulting figure being rounded to the nearest tenth of a penny, with any twentieth of a penny being rounded upwards);

(c) if the tariff start date is later than 31st March 2013 but earlier than the relevant date, the tariff set out in Schedule 3—

(i) adjusted by the percentage increase or decrease in the retail prices index for the calendar year ending 31st December 2011 (the resulting figure being rounded to the nearest tenth of a penny, with any twentieth of a penny being rounded upwards); and

(ii) further adjusted by the percentage increase or decrease in the retail prices index for the calendar year ending 31st December 2012 (the resulting figure being rounded to the nearest tenth of a penny, with any twentieth of a penny being rounded upwards);

(d) if the tariff start date is on or after the relevant date, the tariff calculated in accordance with regulations 37A to 37D.

(7B) For the purposes of paragraph (7)(b), the subsequent tariff for a particular subsequent year is the tariff applicable in relation to the installation or participant on the 31st March immediately preceding the commencement of the subsequent year, adjusted by the percentage increase or decrease in the retail prices index for the calendar year ending on the 31st December immediately preceding the commencement of that subsequent year (the resulting figure being rounded to the nearest tenth of a penny, with any twentieth of a penny being rounded upwards).”

(4) In paragraph (8)—

(a) for “tariff rates” substitute “subsequent tariffs”;

(b) for “paragraph (7)” substitute “paragraphs (7) and (7B)”.

(5) After paragraph (8), insert—

“(8A) The Authority must by 15th June 2013, 15th September 2013, 15th December 2013, and subsequently by 15th March, 15th June, 15th September and 15th December in each year (“the tariff publication date”) publish in a table on its website the initial tariffs applicable where a tariff start date falls within the tariff period immediately following the tariff publication date.”

(6) For paragraph (9), substitute—

“(9) For the purposes of paragraphs (5), (7) and (7A), and regulation 37B, where an accredited RHI installation fits within the tariff category “small commercial biomass” or “medium commercial biomass”, a reference to the tariff set out in Schedule 3 is—

(a) in relation to the initial heat generated by the installation in any 12 month period commencing with, or with the anniversary of, the date of accreditation, a reference to the relevant tier 1 tariff specified in Schedule 3; and

(b) in relation to all further heat generated in that same 12 month period, a reference to the relevant tier 2 tariff so specified.”