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Version Superseded: 22/05/2018
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There are currently no known outstanding effects for the The Renewable Heat Incentive Scheme Regulations 2011 (revoked), Section 37C.
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37C.—(1) For the purposes of regulation 37A, B is calculated as follows.
(2) For the purposes of this regulation—
(a)the first test is met in relation to an assessment date if the forecast for total expenditure as at that date exceeds the figure specified for that assessment date in the second column of the table in Schedule 4;
(b)the second test is met in relation to an assessment date if, as at that assessment date, the forecast for expenditure applicable to the accredited RHI installation or [F2biomethane (if the participant produces biomethane for injection)] exceeds the figure specified in relation to that date in the second column of [F3the table applicable to the installation [F4or biomethane] in the relevant Part of Schedule 5].
(3) B is 0 if—
(a)the tariff start date falls within the period commencing with the relevant date and ending with 30th June 2013;
(b)the first test is not met in relation to the assessment date immediately preceding the commencement of the tariff period in which the tariff start date falls (“the relevant assessment date”); or
(c)the second test is not met in relation to the relevant assessment date.
[F5(3A) B is 0 if—
(a)the application for accreditation was made in the period—
(i)commencing with 24th September 2013, and
(ii)ending with the day before the date on which the Renewable Heat Incentive Scheme (Amendment) (No. 3) Regulations 2013 come into force or 1st January 2014, whichever is the earlier;
(b)compliance with regulation 5(1)(d)(ii) is one of the eligibility criteria in relation to that installation;
(c)except in relation to compliance with regulation 5(1)(d)(ii), before 1st January 2014—
(i)the application was properly made, and
(ii)the eligibility criteria were met;
(d)the plant has an installation capacity of 500 kWth or less;
(e)the plant is commissioned before 1st January 2014; and
(f)the tariff start date falls on or after 1st January 2014.]
(4) [F6Except where paragraph (3A) applies,] B is 0.05 if—
(a)the tariff start date is later than 30th June 2013;
(b)the first test is met in relation to the relevant assessment date; and
(c)the second test is met in relation to relevant assessment date.]
Textual Amendments
F1Regs. 37A-37E inserted (30.4.2013) by The Renewable Heat Incentive Scheme (Amendment) Regulations 2013 (S.I. 2013/1033), regs. 1, 5
F2Words in reg. 37C(2)(b) substituted (12.2.2015) by The Renewable Heat Incentive Scheme (Amendment) Regulations 2015 (S.I. 2015/197), regs. 1, 17(a)
F3Words in reg. 37C(2)(b) substituted (28.5.2014) by The Renewable Heat Incentive Scheme (Amendment) Regulations 2014 (S.I. 2014/1413), regs. 1, 32
F4Words in reg. 37C(2)(b) inserted (12.2.2015) by The Renewable Heat Incentive Scheme (Amendment) Regulations 2015 (S.I. 2015/197), regs. 1, 17(b)
F5Reg. 37C(3A) inserted (13.12.2013) by The Renewable Heat Incentive Scheme (Amendment) (No. 3) Regulations 2013 (S.I. 2013/3179), regs. 1, 3(a)
F6Words in reg. 37C(4) inserted (13.12.2013) by The Renewable Heat Incentive Scheme (Amendment) (No. 3) Regulations 2013 (S.I. 2013/3179), regs. 1, 3(b)
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