The Renewable Heat Incentive Scheme Regulations (Northern Ireland) 2012

Payment of periodic support payments to participants N.I.

36.—(1) Periodic support payments shall accrue from the tariff start date and shall be payable for 20 years.

(2) Periodic support payments shall be calculated and paid by the Department.

(3) Subject to regulation 42(5) and [F1 paragraph (7)] [F1 paragraphs (7), (7A) and (7B)] the tariff for an accredited RHI installation shall be fixed when that installation is accredited.

(4) Subject to paragraph (7), the tariff for a participant who is a producer of biomethane is the biomethane and biogas combustion tariff set out in Schedule 3.

[F2 (5) Subject to paragraphs (6) and (7), the tariff for an accredited RHI installation is the tariff set out in Schedule 3 in relation to its source of energy or technology and installation capacity.]

[F2 (5) Subject to paragraphs (6), (7), (7A) and (7B), the tariff for an accredited RHI installation is the tariff set out in Schedule 3, 3A or 4 as the case may be in relation to its source of energy or technology and installation capacity.]

(6) For the purposes of [F3 paragraph (5)] [F3 paragraphs (5), (7), (7A) and (7B)] , where the accredited RHI installation is one of a number of plants forming part of the same heating system its installation capacity is to be taken to be the sum of the installation capacities of that accredited RHI installation and all plants for which an application for accreditation has been made (whether or not they have been accredited) which—

(a) use the same source of energy and technology as that accredited RHI installation; and

(b) form part of the same heating system as that accredited RHI installation.

(7) [F4 The tariffs [F5 for installations accredited before 18th November 2015] —

(a) for the period beginning with the commencement of these Regulations and ending with 31st March 2013, are the tariffs set out in Schedule 3; and

(b) for each subsequent year commencing with 1st April and ending with 31st March, are the tariffs applicable on the immediately preceding 31st March adjusted by the percentage increase or decrease in the retail prices index for the previous calendar year (the resulting figure being rounded to the nearest tenth of a penny, with any twentieth of a penny being rounded upwards).]

[F6 (7A) The tariffs for installations accredited on or after 18th November 2015—

(a) for the period beginning with 18th November 2015 and ending with 31st March 2016, are the tariffs set out in Schedule 4; and

(b) for each subsequent year commencing with 1st April and ending with the next 31st March, are the tariffs applicable on the immediately preceding 31st March adjusted by the percentage increase or decrease in the retail prices index for the previous calendar year (the resulting figure being rounded to the nearest tenth of a penny, with any twentieth of a penny being rounded upwards).]

[F7 (7B) The tariffs for installations accredited before 18th November 2015 and falling within the small or medium biomass tariffs set out in Schedule 3A are the tariffs set out in the Schedule adjusted by the percentage increase or decrease in the retail prices index for the calendar year 2016 (the resulting figure being rounded to the nearest tenth of a penny, with any twentieth of a penny being rounded upwards).]

(8) The Department must calculate the tariff rates each year in accordance with [F8 paragraph (7)] [F8 paragraph (7), (7A) and (7B)] and publish on or before 1st April of each year a table of tariffs for the period commencing with 1st April of that year and ending with 31st March of the following year.

[F9 (9) Where an accredited RHI installation falls within the small or medium biomass tariffs as set out in Schedule 4—

(a) the tariff for the initial heat generated by the installation in any 12 month period commencing with, or with the anniversary of, the date of accreditation is the relevant tier 1 tariff specified in Schedule 4;

(b) the tariff for further heat generated in that same 12 month period up to a maximum of 400,000 kWhth is the relevant tier 2 tariff; and

(c) any further heat generated over 400,000 kWhth in the same 12 month period shall not be eligible for RHI payments.

[F10 (9A) Where an accredited RHI installation falls within the small or medium biomass tariffs set out in Schedule 3A:—

(a) the tariff for the initial heat generated by the installation in any 12 month period commencing with, or with the anniversary of, the date of accreditation (regardless of whether that date falls before or after the coming into operation of the Renewables Heat Incentive Scheme (Amendment) Regulations (Northern Ireland) 2017) is the relevant Tier 1 tariff specified in Schedule 3A;

(b) the tariff for further heat generated in that same 12 month period up to a maximum of 400,000kWhth is the relevant Tier 2 tariff specified in Schedule 3A; and

(c) any further heat generated over 400,000kWhth in the same 12 month period shall not be eligible for periodic payments.]

(10) For the purposes of [F11 paragraph (9)] [F11 paragraphs (9) and (9A)] , “the initial heat” means the heat in kWh generated by an accredited RHI installation running at its installation capacity for 1,314 hours.]

Textual Amendments

F1 Words in reg. 36(3) substituted (temp. until 31/3/2018) (coming into force in accordance with reg. 1(2) of the amending Rule) by The Renewable Heat Incentive Scheme (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/32), regs. 1, 5(1)

F2 Reg. 36(5) substituted (coming into force in accordance with reg. 1(2) of the amending Rule) by The Renewable Heat Incentive Scheme (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/32), regs. 1, 5(2)

F3 Words in reg. 36(6) substituted (temp. until 31/3/2018) (coming into force in accordance with reg. 1(2) of the amending Rule) by The Renewable Heat Incentive Scheme (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/32), regs. 1, 5(3)

F4 Reg. 36(7) ceases to have effect as specified (temp. until 31/3/2018) (coming into force in accordance with reg. 1(2) of the amending Rule) by virtue of The Renewable Heat Incentive Scheme (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/32), regs. 1, 5(4)

F5 Words in reg. 36(7) inserted (18.11.2015) by The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/371), regs. 1, 10(2)

F6 Reg. 36(7A) inserted (18.11.2015) by The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/371), regs. 1, 10(3)

F7 Reg. 36(7B) inserted (temp. until 31/3/2018) (coming into force in accordance with reg. 1(2) of the amending Rule) by The Renewable Heat Incentive Scheme (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/32), regs. 1, 5(5)

F8 Words in reg. 36(8) substituted (temp. until 31/3/2018) (coming into force in accordance with reg. 1(2) of the amending Rule) by The Renewable Heat Incentive Scheme (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/32), regs. 1, 5(6)

F9 Reg. 36(9)(10) inserted (18.11.2015) by The Renewable Heat Incentive Schemes (Amendment) Regulations (Northern Ireland) 2015 (S.R. 2015/371), regs. 1, 10(4)

F10 Reg. 36(9A) inserted (temp. until 31/3/2018) (coming into force in accordance with reg. 1(2) of the amending Rule) by The Renewable Heat Incentive Scheme (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/32), regs. 1, 5(7)

F11 Words in reg. 36(10) substituted (temp. until 31/3/2018) (coming into force in accordance with reg. 1(2) of the amending Rule) by The Renewable Heat Incentive Scheme (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/32), regs. 1, 5(8)

Commencement Information

I1 Reg. 36 in operation at 1.11.2012, see reg. 1