Northern Ireland (Regional Rates and Energy) Act 2018

2 Renewable heat incentive scheme N.I.

(1) Regulation 36 of the Renewable Heat Incentive Scheme Regulations (Northern Ireland) 2012 (S.R. (NI) 2012 No. 396) (payment of periodic support payments to participants) is amended in accordance with subsections (2) to (10).

(2) In paragraph (3) for the words from the beginning to “accredited RHI installation” substitute “ Subject to regulation 42(5) and paragraphs (7) to (7B) the tariff for an accredited RHI installation ”.

(3) After paragraph (4) insert—

“(5) Subject to paragraphs (6) to (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.”

(4) In paragraph (6) for the words from the beginning to “the accredited RHI installation” substitute “ For the purposes of paragraphs (5) and (7) to (7B), where the accredited RHI installation ”.

(5) In paragraph (7) after “2015” insert “ , other than installations to which paragraph (7B) applies ”.

(6) After paragraph (7A) insert—

“(7B) The tariffs for installations accredited before 18th November 2015 and falling within the small or medium biomass tariffs set out in Schedule 3A, for the period beginning with the coming into operation of section 2 of the Northern Ireland (Regional Rates and Energy) Act 2018 and ending with 31st March 2019, are the tariffs set out in Schedule 3A adjusted by the percentage increase or decrease in the retail prices index for the calendar year 2017 (the resulting figure being rounded to the tenth of a penny, with any twentieth of a penny being rounded upwards).”

(7) In paragraph (8) for the words from “accordance” to “publish” substitute “ accordance with paragraphs (7) to (7B) and publish ”.

(8) After paragraph (9) insert—

“(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 section 2 of the Northern Ireland (Regional Rates and Energy) Act 2018) 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 400,000 kWhth is the relevant Tier 2 tariff specified in Schedule 3A; and

(c) any further heat generated in that same 12 month period shall not be eligible for periodic payments.”

(9) In paragraph (10) for the words from the beginning to “means” substitute “ For the purposes of paragraphs (9) and (9A), “the initial heat” means ”.

(10) After paragraph (10) insert—

“(11) Despite regulation 1(3) of the Renewable Heat Incentive Scheme (Amendment) Regulations (Northern Ireland) 2017 (S.R. (NI) 2017 No.32) (which provides for those Regulations to cease to have effect on 31 March 2018), paragraphs (3) to (10) and Schedule 3A continue to have effect as amended by those Regulations in relation to heat generated before 1 April 2018.”

(11) In Schedule 3 to those Regulations, in the heading, omit “on or”.

(12) After Schedule 3 to those Regulations insert the Schedule set out in the Schedule to this Act.

(13) In Schedule 4 to those Regulations, in the heading, after “Accredited” insert “ on or ”.

(14) Nothing in this section, except subsection (10), and nothing in the Schedule has effect in relation to periodic support payments for heat generated before this section comes into force.

(15) Nothing in this section or the Schedule affects the power to make regulations under section 113 of the Energy Act 2011 amending or revoking any provision amended or inserted by this section.

(16) In subsection (14) “periodic support payments” has the same meaning as in the Renewable Heat Incentive Regulations (Northern Ireland) 2012 (S.R. (NI) 2012 No. 396).