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5. For regulation 5 substitute—
5.—(1) This regulation applies if the plant complies with all of the following requirements—
(a)it generates heat from solid biomass;
(b)the heat from the solid biomass is generated using equipment specifically designed and installed to use solid biomass as its only primary fuel source;
(c)in the case of a plant with an installation capacity of 45 kWth or less, regulation 13 applies;
(d)in the case of a plant for which an application for accreditation is made on or after the second relevant date—
(i)an environmental permit subsists in relation to that plant, or
(ii)an RHI emission certificate which complies with the requirements in regulation 5A applies to that plant.
(2) Paragraph (1)(d) does not apply to plants in respect of which preliminary accreditation has been granted before the second relevant date (and such preliminary accreditation has not been withdrawn).
(3) For the purposes of this regulation, an RHI emission certificate applies to a plant (A) if the information in that certificate is based on testing—
(a)A;
(b)a plant of the same make, model and installation capacity as A; or
(c)any other plant in the same type-testing range as A.”.
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