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The Renewable Heat Incentive Scheme Regulations 2018

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[F1Closure of the Scheme to applicationsE+W+S

This section has no associated Explanatory Memorandum

3A.—(1) Subject to this regulation—

(a)the Scheme is closed to applications from midnight at the end of 31st March 2021 (“Scheme closure”); and

(b)the Authority must not grant an application where it would result in a tariff start date that falls on or after 1st April 2021.

(2) An applicant under regulation 3B who is granted an extension of time under that regulation may make an application for accreditation under regulation 30 on or before 31st March [F22023].

(3) Paragraph (4) applies where, on or after 20th July 2020—

(a)the Authority issues a notice under regulation 35(7) or re-issues such a notice under regulation 35(7A) [F3, (7B), (7C), (8A), (8B) or (8C)]; and

(b)the notice states a date which falls after Scheme closure as the date by which, for the purposes of the tariff guarantee, the plant must be commissioned or injection of biomethane must commence.

(4) The applicant to whom the notice was [F4issued—

(a)where the notice has been reissued under regulation 35(7B) or (8B), may on or before 31st March 2023 make an application for accreditation under regulation 30 in respect of the plant to which the tariff guarantee relates;

(b)where the notice has been reissued under regulation 35(7C) or (8C), may on or before 31st March 2023 make an application for registration under regulation 32 in respect of the production of biomethane to which the tariff guarantee relates; or

(c)where the notice has not been reissued, may on or before 31st March 2022—

(i)make an application for accreditation under regulation 30 in respect of the plant to which the tariff guarantee relates; or

(ii)make an application for registration under regulation 32 in respect of the production of biomethane to which the tariff guarantee relates.]

(5) The Authority must [F5not grant—

(a)an application for accreditation mentioned in paragraph (2) or (4)(a) where it would result in a tariff start date that falls on or after 1st April 2023;

(b)an application for registration mentioned in paragraph (4)(b) where it would result in a tariff start date that falls on or after 1st April 2023;

(c)an application for accreditation or application for registration mentioned in paragraph (4)(c) where it would result in a tariff start date that falls on or after 1st April 2022.]

(6) In paragraph (1), “application” means—

(a)an application for accreditation under regulation 30 (including an application for additional RHI capacity but not including an accreditation application under regulation 55A(1));

(b)an application for registration under regulation 32;

(c)an application for preliminary accreditation under regulation 33;

(d)an application for preliminary registration under regulation 34;

(e)an application for a tariff guarantee under regulation 35;

(f)an application under regulation 77(1) to be registered in respect of additional biomethane.]

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