The Renewable Heat Incentive Scheme (Amendment) Regulations 2015

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

15.—(1) Regulation 37 is amended as follows.

(2) In paragraph (4) for “a participant who is a producer of biomethane” substitute “biomethane produced by a participant”.

(3) In paragraph (7)—

(a) for “a participant who is a producer of biomethane” substitute “biomethane produced by a participant”;

(b) in sub-paragraph (a) for “is the tariff specified in paragraph (8), (9) or (10) (“the initial tariff”)” substitute “is the initial tariff”.

(4) After paragraph (7) insert—

“(7A) In paragraph (7) “initial tariff” means—

(a) in relation to an accredited RHI installation, subject to regulation 43(4) to (6), the tariff specified in paragraph (8), (9) or (10);

(b) in relation to biomethane produced by a participant, the tariff specified in paragraph (8), (10A) or (10B) in respect of that biomethane.”.

(5) In paragraph (8)—

(a) for “paragraph (7)(a)” substitute “paragraph (7A)”;

(b) in sub-paragraph (d) for “paragraphs (9) and (10)” substitute “paragraphs (9), (10), (10A) and (10B)”.

(6) After paragraph (10) insert—

“(10A) The initial tariff for biomethane produced by a participant with a tariff start date on or after the fourth relevant date but earlier than 1st April 2015 is the tariff set out in Schedule 3C.

(10B) The initial tariff for biomethane produced by a participant with a tariff start date on or after 1st April 2015 but earlier than 1st July 2015 is the tariff set out in Schedule 3C, adjusted by the percentage increase or decrease in the retail prices index for the year ending on 31st December 2014.”.

(7) In paragraph (11) for “participant” insert “biomethane produced by the participant”.

(8) After paragraph (19) insert—

“(20) For the purposes of paragraphs (10A) and (10B), a reference to the tariff set out in Schedule 3C is—

(a) in relation to initial biomethane, a reference to the relevant tier 1 tariff specified in Schedule 3C;

(b) in relation to secondary biomethane, a reference to the relevant tier 2 tariff so specified;

(c) in relation to tertiary biomethane, a reference to the relevant tier 3 tariff so specified.

(21) In paragraph (20) (and for the purposes of paragraph (11) when determining the subsequent tariff applicable to biomethane produced by a participant with a tariff start date on or after the fourth relevant date)—

(a) “initial biomethane” means the amount of eligible biomethane measured in megawatt hours which is injected in the 12 month period commencing with, or with the anniversary of, the tariff start date for the original biomethane (“the relevant period”) up to 40,000 megawatt hours;

(b) “secondary biomethane” means the amount of eligible biomethane measured in megawatt hours injected in the relevant period, in excess of initial biomethane, up to an additional 40,000 megawatt hours;

(c) “tertiary biomethane” means the amount of eligible biomethane measured in megawatt hours injected in the relevant period in excess of secondary biomethane.”.