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The Renewable Heat Incentive Scheme Regulations 2011 (revoked)

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2.  In these Regulations—

accreditation” means accreditation of an eligible installation by the Authority following an application under regulation 22;

accredited RHI installation” means an eligible installation which has been given accreditation;

the Act” means the Energy Act 2008;

[F1“additional biomethane” has the meaning given in regulation 43A(5);]

[F2“air source heat pump” means a plant which generates heat by absorbing energy stored in the form of heat in the ambient air;]

anaerobic digestion” means the bacterial fermentation of biomass in the absence of oxygen;

[F3“approved sustainable fuel” means solid biomass which is listed under a scheme approved by the Secretary of State in accordance with regulation 36E;]

[F4“assessment date” means 31st January, 30th April, 31st July or 31st October in any year;]

[F4“average load factor”—

(a)

[F5in respect of a relevant installation which is a large biomass plant, means—

(i)

if the relevant installation uses or is expected to use heat for the same category of eligible purposes as 10 or more relevant installations which are large biomass plants [F6in respect of which periodic support payments have been received], the average of the load factors of all such installations; or

(ii)

if the relevant installation does not use or is not expected to use heat for the same category of eligible purposes as 10 or more relevant installations which are large biomass plants [F6in respect of which periodic support payments have been received], the average of the load factors of all relevant installations which are large biomass plants F7... [F6in respect of which periodic support payments have been received];

(aa)

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(b)

in respect of a relevant installation (except a relevant installation within paragraph (a) F9...) which falls or is expected to fall within a tariff category which fewer than 20 accredited RHI installations [F6in respect of which periodic support payments have been received] fall within, means the average of the load factors of all accredited RHI installations;

(c)

in respect of a relevant installation [F10(except a relevant installation within [F11paragraph (a)])] which falls or is expected to fall within a tariff category which 20 or more accredited RHI installations [F6in respect of which periodic support payments have been received] fall within (“sister installations”) means—

(i)

if the relevant installation uses or is expected to use heat for the same eligible purposes as 20 or more of the sister installations (“twin installations”), the average of the load factors of all twin installations;

(ii)

if the relevant installation does not use or is not expected to use heat for the same eligible purposes as 20 or more of the sister installations, the average of the load factors of all sister installations;]

biogas production plant” means a plant which produces biogas by anaerobic digestion, gasification or pyrolysis;

building” means any permanent or long-lasting building or structure of whatever kind and whether fixed or moveable which, except for doors and windows, is wholly enclosed on all sides with a roof or ceiling and walls;

[F2“category of eligible purposes” means any one of the following—

(a)

heating a space;

(b)

heating water;

(c)

heating a space and water;

(d)

any other eligible purpose or combination of eligible purposes;]

CHP” means combined heat and power;

[F2CHP system” means a system which generates power and is (or may be) operated for purposes including the supply to any premises (using liquid or steam) of heat produced in association with that power;]

[F2CHPQA” means, except where otherwise provided, the Combined Heat and Power Quality Assurance Standard, Issue 5, November 2013, as published by the Department of Energy and Climate Change;]

class 2 heat meter” means a heat meter which—

(a)

complies with the relevant requirements set out in Annex 1 to the Measuring Instruments Directive,

(b)

complies with the specific requirements listed in Annex MI-004 to that Directive, and

(c)

falls within accuracy class 2 as defined in Annex MI-004 to that Directive;

coefficient of performance” means the ratio of the amount of heating or cooling in kilowatts provided by a heat pump to the kilowatts of power consumed by the heat pump;

[F2“combustion unit” means—

(a)

where the fuel is solid biomass or solid biomass contained in waste, a boiler;

(b)

where the fuel is biogas, a boiler, turbine or engine;]

commissioned” means, in relation to an eligible installation, the completion of such procedures and tests as constitute, at the time they are undertaken, the usual industry standards and practices for commissioning that type of eligible installation in order to demonstrate that it is capable of operating and delivering heat to the premises or process for which it was installed;

date of accreditation”, in relation to an accredited RHI installation, means the later of—

(a)

the first day falling on or after the date of receipt by the Authority of the application for accreditation on which [F12both the application was properly made and the plant met the eligibility criteria], and

(b)

the day on which the plant was first commissioned;

date of registration”, in relation to a producer of biomethane for injection, means the first day falling on or after the date of receipt by the Authority of the application for registration on which F13... the application was properly made;

[F2“deep geothermal” in relation to energy, means naturally occurring energy located and extracted from at least 500 metres beneath the surface of solid earth, and a “deep geothermal plant” means a plant which generates heat using such energy;]

[F2“design heat load” means, in relation to ground source heat pumps that are capable of heating and cooling, the heat flow required to achieve the planned heating requirements for that plant;]

eligibility criteria” has the meaning given by regulation 4;

[F1“eligible biomethane” has the meaning given in regulation 42(2);]

eligible installation” means a plant which meets the eligibility criteria;

eligible purpose” means a purpose specified in regulation 3(2);

[F2“energy content” means the energy contained within a substance (whether measured by a calorimeter or determined in some other way) expressed in terms of the substance’s gross calorific value within the meaning of BS 7420:1991 (Guide for the determination of calorific values of solid, liquid and gaseous fuels (including definitions);]

[F3“energy crop” means—

(a)

a perennial crop planted at high density, the stems of which are harvested above ground level at intervals of less than 20 years and which is one of the following—

(i)

Acer pseudoplatanus (also known as sycamore);

(ii)

Alnus (also known as alder);

(iii)

Betula (also known as birch);

(iv)

Castanea sativa (also known as sweet chestnut);

(v)

Corylus avellana (also known as hazel);

(vi)

Fraxinus excelsior (also known as ash);

(vii)

Populus (also known as poplar);

(viii)

Salix (also known as willow);

(ix)

Tilia cordata (also known as small-leaved lime); or

(b)

a perennial crop which is one of the following—

(i)

Arundo donax (also known as giant reed);

(ii)

Bambuseae, where the crop was planted after 31st December 1989 and is grown primarily for the purpose of being used as fuel;

(iii)

Miscanthus;

(iv)

Panicum;

(v)

Pennisetum, other than Pennisetum setaceum (also known as fountain grass), Pennisetum clandestinum (also known as kikuyu grass) and Pennisetum villosum (also known as feathertop grass);

(vi)

Phalaris;]

[F14“environmental permit” means a permit issued in accordance with the provisions of the Environmental Permitting (England and Wales) Regulations 2010 or the Pollution Prevention and Control (Scotland) Regulations 2012;]

[F1“estimated additional biomethane spend” in relation to an assessment date and any additional biomethane registered on a particular date in respect of which a relevant producer has received a periodic support payment means—

where—

(a)

A is the flow rate for all additional biomethane registered on that particular date;

(b)

B is the number of hours in the 12 month period commencing with the assessment date; and

(c)

C is the relevant initial tariff or subsequent tariff calculated in accordance with regulations 37 to 37D;]

[F4“estimated energy from biomethane”, [F15in relation to an assessment date and a relevant producer] as expressed in kWh means—

where—

(a)

[F16FR is the estimated flow rate; and]

(b)

[F17T is—

(i)

if the relevant producer is a participant or an application for registration has been made by that relevant producer, the number of hours in the year commencing with the assessment date;

(ii)

where paragraph (i) does not apply but an application for preliminary registration has been made by the relevant producer, the number of hours in the period—

(aa)

commencing on the later of the assessment date or the date identified by the applicant as the date on which injection is expected to commence; and

(bb)

ending 12 months after the assessment date;]]

[F2“estimated flow rate”, in relation to an assessment date and a relevant producer, means—

where—

(a)

B is the volume in cubic metres of biomethane that the relevant producer has declared as being the amount which that relevant producer expects will be produced for injection each year once injection has commenced (or if more than one declaration has been given, the volume identified in the latest declaration) or 0 if no such declaration has been given;

(b)

H is the total number of hours in the year commencing with the assessment date;]

[F4“estimated heat”, in relation to [F18an assessment date and] a relevant installation as expressed in kWhth means—

where—

(a)

LF is—

(i)

if [F19a periodic support payment has been received in respect of the installation], the load factor; or

(ii)

in any other case, the average load factor applicable in respect of that installation;

(b)

[F20T is—

(i)

if the relevant installation is an accredited RHI installation or an eligible installation for which an application for accreditation has been made, the number of hours in the year commencing with the assessment date;

(ii)

where paragraph (i) does not apply but the relevant installation is a plant for which an application for preliminary accreditation has been made, the number of hours in the period—

(aa)

commencing on the later of the assessment date or the date identified by the applicant as the date the plant is expected to be commissioned; and

(bb)

ending 12 months after the assessment date;]

(c)

C is the installation capacity of that relevant installation;]

[F1“estimated original biomethane spend” in relation to an assessment date and any original biomethane in respect of which a relevant producer has received a periodic support payment means—

where—

(a)

A is the flow rate for all original biomethane;

(b)

B is the number of hours in the 12 month period commencing with the assessment date; and

(c)

C is the relevant initial tariff or subsequent tariff calculated in accordance with regulations 37 to 37D;]

[F4“estimated spend”, in relation to—

(a)

a relevant installation [F21(except a relevant installation within paragraph (c))], means the estimated heat in relation to that installation multiplied by the relevant initial tariff or subsequent tariff calculated in accordance with regulations 37 to 37D;

(b)

[F22a relevant producer [F23who has not received a periodic support payment], means the estimated energy from biomethane in relation to that relevant producer multiplied by the relevant initial tariff or subsequent tariff calculated in accordance with regulations 37 to 37D;]

(c)

[F24a relevant installation which is a large installation [F25in respect of which no periodic support payment has been received and] for which the owner has given a declaration as to the total heat in kWhth which that installation is expected to generate each year for eligible purposes (or if more than one declaration has been given, the total heat identified in the latest declaration), means that heat expressed in kWhth multiplied by the relevant initial tariff or subsequent tariff calculated in accordance with regulations 37 to 37D;]

(d)

[F26a relevant producer who has received a periodic support payment, means the sum of the estimated original biomethane spend and any estimated additional biomethane spend;]]

[F4“expenditure forecast statement” means a statement published by the Secretary of State in accordance with regulation 37E;]

[F27“flow rate”, in relation to biomethane, means—

where—

(a)

B is the amount of eligible biomethane in kWh for which periodic support payments have been received; and

(b)

H is the total number of hours in the period commencing with the first day of the first quarterly period in which that biomethane was injected and ending on the last day of the last quarterly period in which that biomethane was injected;]

[F4“forecast for expenditure”—

(a)

in relation to an assessment date and a relevant installation which falls or is expected to fall within any tariff category F28..., means the sum as at that assessment date of the estimated spend for each relevant installation which falls within that tariff category;

(b)

[F29in relation to an assessment date and a relevant producer, means the sum as at that assessment date of the estimated spend for each relevant producer;]]

[F4“forecast for total expenditure”, in relation to an assessment date, means the sum as at that assessment date of—

(a)

the estimated spend for each relevant installation; and

(b)

the estimated spend for each participant who produces biomethane for injection;]

[F1“fourth relevant date” means the date of coming into force of the Renewable Heat Incentive Scheme (Amendment) Regulations 2015;]

gasification” means the substoichiometric oxidation or steam reformation of a substance to produce a gaseous mixture containing two or all of the following: oxides of carbon, methane and hydrogen;

gas transporter” means the holder of a licence granted under section 7 of the Gas Act 1986 M1;

[F2“ground source heat pump” means a plant which generates heat by absorbing energy stored in the form of heat in the ground, including water in the ground, or in surface water, but does not include a plant which is a deep geothermal plant;]

[F14“heat loss calculation” means a calculation of heat lost which is carried out in accordance with the guidance issued by the Chartered Institute of Building Services Engineers and contained in CIBSE Guide C- reference data (2007 edition);]

heat meter” has the same meaning as that given in Annex MI-004 of the Measuring Instruments Directive;

[F30“increase in expenditure forecast” means a figure determined under regulation 37E(2)(d) or 37F(2) as applicable;]

ineligible purpose” means a purpose which is not an eligible purpose;

[F4“initial tariff” has the meaning given in [F31regulation 37(7A)];]

injection” means the introduction of gas into a pipe-line system operated by a gas transporter;

[F32“installation capacity” means—

(a)

in the case of a CHP system to which regulation 9(2)(b) or 9A applies, the capacity determined by the formula—

where—

(i)

x is the total installed peak heat output capacity of all the combustion units to which regulation 9(2)(b) or 9A applies which use the same source of energy;

(ii)

y is the total installed peak heat output capacity of all the combustion units forming part of the CHP system; and

(iii)

P is the total installed peak heat output capacity of the CHP system; or

(b)

for any other plant, except where otherwise specified, the total installed peak heat output capacity of the plant;]

kWh” means kilowatt hours;

kWhth” means kilowatt hours thermal;

kWth” means kilowatt thermal;

[F2“large biomass plant” means a plant which generates heat or heat and power from solid biomass (including solid biomass contained in waste) with an installation capacity of at least 1MWth, and which is not a new solid biomass CHP system;]

[F2“large installation” means—

(a)

a plant which generates heat from biogas with an installation capacity of at least 600kWth; or

(b)

any other plant which has an installation capacity of at least 1MWth;]

[F4“load factor” in respect of an accredited RHI installation means—

where—

(a)

M is the amount of heat in kWhth generated by that installation during all quarterly periods in respect of which it has received a periodic support payment;

(b)

C is the installation capacity of that installation; and

(c)

H is the total number of hours in those quarterly periods;]

[F1“maximum additional capacity” has the meaning given in regulation 43A(5);]

[F2“maximum initial capacity” means the [F33maximum] volume of biomethane, expressed in cubic metres per quarterly period which a participant is entitled to supply for injection under the Network Entry Agreement applicable to the biomethane in relation to which an application for registration under regulation 25 is made;]

F34...

Measuring Instruments Directive” means Directive 2004/22/EC of the European Parliament and of the Council of 31 March 2004 on measuring instruments M2;

[F2“medium biomass plant” means a plant which generates heat or heat and power from solid biomass including solid biomass contained in waste with an installation capacity of 200kWth or above but less than 1MWth and which is not a new solid biomass CHP system;]

municipal waste” has the same meaning as in section 21 of the Waste and Emissions Trading Act 2003 M3;

MWhth” means megawatt hours thermal;

MWth” means megawatt thermal;

[F14“net heat input” means the means the rate of heat (expressed as the amount of heat over time) which is supplied to the plant by the fuel used, based on the net calorific value of that fuel;]

[F2“Network Entry Agreement” means an agreement between a person who injects biomethane and a gas transporter under which the person who injects biomethane is entitled to inject biomethane into the pipe-line system operated by that gas transporter;]

[F2“new solid biomass CHP system” means a plant which complies with the eligibility requirements in regulation 9A;]

[F14“NOx” means oxides of nitrogen;]

ongoing obligations” means the obligations specified in Part 4;

[F1“original biomethane” means biomethane which is produced by a relevant producer and which falls within that producer’s maximum initial capacity;]

participant” means—

(a)

the owner of an accredited RHI installation or, where there is more than one such owner, the owner with authority to act on behalf of all owners in accordance with regulation 22(3); or

(b)

a producer of biomethane who has been registered under regulation 25;

“periodic support payments” have the meaning given in regulation 3;

pipe-line system” has the same meaning as in section 5(10) of the Gas Act 1986 M4;

[F14PM” means particulate matter;]

process” means any process other than the generation of electricity;

[F35“properly insulated” means—

(a)

in respect of piping which is situated below the ground, insulated in accordance with—

(i)

BS EN 253 (2009);

(ii)

BS EN 15632:2 and 3 (2010) and 15632:4 (2009); or

(iii)

BS EN 15698:1 (2009); or

(b)

in respect of piping which is situated above the ground, insulated so that the relevant maximum permissible heat losses set out in BS 5422:2009 are not exceeded;]

pyrolysis” means the thermal degradation of a substance in the absence of an oxidising agent (other than that which forms part of the substance itself) to produce char and one or both of gas and liquid;

[F36“quarterly period” means, except where otherwise specified, the first, second, third or fourth quarter of any year commencing with, or with the anniversary of—

(a)

in relation to an accredited RHI installation, the tariff start date for that installation;

(b)

in relation to a producer of biomethane who is registered in relation to any original biomethane or additional biomethane, the tariff start date for the original biomethane;]

[F4“relevant date” means the date of coming into force of the Renewable Heat Incentive Scheme (Amendment) Regulations 2013;]

[F4“relevant installation” means—

(a)

an accredited RHI installation; or]

(b)

[F37a plant for which an application for accreditation or preliminary accreditation has been made, but does not include a plant where—

(i)

the application has been rejected by the Authority;

(ii)

the application has been withdrawn by the applicant; or

(iii)

the Authority requires further information in order to determine whether or not the application should be granted and at least 4 months have passed since the [F38last date on which the Authority received information from the applicant in support of the application];]

[F2“relevant producer” means—

(a)

a participant who produces or proposes to produce biomethane for injection; or

(b)

a person who produces or proposes to produce biomethane for injection who has made an application for registration or preliminary registration but does not include a person who has made an application—

(i)

which has been rejected by the Authority;

(ii)

which has been withdrawn by the applicant; or

(iii)

in respect of which the Authority requires further information in order to determine whether or not the application should be granted and at least 4 months have passed since the [F39last date on which the Authority received information from the applicant in support of the application];]

retail prices index” means—

(a)

the general index of retail prices (for all items) published by the Office of National Statistics; or

(b)

where the index is not published for a year, any substituted index or figures published by that Office;

[F14“RHI emission certificate” means a document which meets the requirements in regulation 5A;]

“scheme” (except in this regulation) means the incentive scheme established by these Regulations;

[F2“seasonal performance factor” means, in relation to an air source heat pump or a ground source heat pump, the ratio of its heat output to electricity input expressed as an average over a year;]

[F14“second relevant date” means the date of coming into force of the Renewable Heat Incentive Scheme (Amendment) (No. 2) Regulations 2013;]

[F2“small biomass plant” means a plant which generates heat or heat and power from solid biomass including solid biomass contained in waste with an installation capacity of less than 200kWth, and which is not a new solid biomass CHP system;]

solar collector” means a liquid filled flat plate or evacuated tube solar collector;

statement of eligibility” has the meaning given by regulation 22(6)(f);

steam measuring equipment” means all the equipment needed to measure to the Authority's satisfaction the mass flow rate and energy of steam, including at least the following components—

(a)

a flow meter,

(b)

a pressure sensor,

(c)

a temperature sensor, and

(d)

a digital integrator or calculator able to determine the cumulative energy in MWhth which has passed a specific point;

[F4“subsequent tariff” has the meaning given in regulation 37(7)(b);]

tariff” means the payment rate per kWhth in respect of an accredited RHI installation and per kWh in respect of biomethane injection;

[F40“tariff category” means—

(a)

for the purposes of any forecast for expenditure published before the third relevant date and the determination of any periodic support payment for a tariff period commencing earlier than 1st October 2014, a category of plant which is described in the second and third columns of Schedule 3 and identified by a tariff name in the first column of that Schedule;

(b)

for any other purpose, one of the following categories—

(i)

small biomass plants;

(ii)

medium biomass plants;

(iii)

large biomass plants;

(iv)

ground source heat pumps;

(v)

plants which use solar collectors;

(vi)

plants which generate heat from biogas;

(vii)

producers of biomethane for injection;

(viii)

new solid biomass CHP systems;

(ix)

deep geothermal plants;

(x)

air source heat pumps;]

tariff end date” means the last day of the tariff lifetime;

tariff lifetime” means—

(a)

in relation to an accredited RHI installation, the period for which periodic support payments are payable for that installation, or

(b)

in relation to a participant who is a producer of biomethane, the period for which that person is eligible to receive periodic support payments;

[F4“tariff period” is a three month period commencing with 1st January, 1st April, 1st July or 1st October in any year;]

[F41“tariff start date” means, except where otherwise specified,—

(a)

in relation to an eligible installation, the date of accreditation of that eligible installation;

(b)

in relation to additional RHI capacity, the date of accreditation of that additional RHI capacity; or

(c)

[F42in relation to original biomethane in respect of which a producer of biomethane is registered, the date of registration for that biomethane;]

(d)

[F43in relation to additional biomethane in respect of which a producer of biomethane is registered, the date of registration for that biomethane;]]

[F2“third relevant date” means the date of coming into force of the Renewable Heat Incentive Scheme (Amendment) Regulations 2014;]

[F14“testing laboratory” means an organisation which carries out the testing of emissions from a plant either at permanent laboratory premises or away from those premises;]

[F14“type-testing range” means a range of plants which have the same construction and design so that the testing of one or more plants in that range gives results capable of applying to all plants in the range, provided that—

(a)

where the installation capacity of the smallest of the plants in the range is less than or equal to 500 kWth, the ratio of the installation capacity of the smallest plant to that of the largest plant in the type-testing range for which tests are carried out is no more than 1: 2, or

(b)

where the installation capacity of the smallest of the plants is greater than 500 kWth, then the difference in installation capacity between the smallest and largest of the plants within the type-testing range for which tests are carried out is no more than 500 kWth.]

[F44“waste” has the meaning given in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste and includes excreta produced by animals;]

[F4“working day” means any day other than—

(a)

a Saturday, Sunday, Good Friday, or Christmas Day; or

(b)

a day which is a bank holiday in England, Wales or Scotland under the Banking and Financial Dealings Act 1971. ]

Textual Amendments

Marginal Citations

M11986 c.44; section 7 was amended by the Utilities Act 2000 (c.27), section 3(2), section 76, section 108, Schedule 6, Part I, paragraphs 1 and 4 and Schedule 8 and the Energy Act 2004 (c.20), section 149, subsections (1) and (5), section 197(9) and Schedule 23, Part I.

M2OJ L 135, 30.4.2004, p. 1, amended by Commission Directive 2009/137/EC (OJ L 294, 11.11.2009, p. 7).

M4Section 5(6) to (10) was inserted by section 149(1) and (3) of the Energy Act 2004 (c.20).

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