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The Renewable Heat Incentive Scheme Regulations 2018

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  1. Introductory Text

  2. PART 1 Introductory provisions

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 2A.Approval of subsequent versions of standards

    4. 3.Renewable heat incentive scheme

    5. 3A.Closure of the Scheme to applications

    6. 3B.Extension applications

    7. 3C.Budget allocation for extension applications

  3. PART 2 Eligibility and matters relating to eligibility

    1. CHAPTER 1 Eligible installations

      1. 4.Eligible installations

    2. CHAPTER 2 Eligibility criteria for technologies

      1. 5.Eligible installations generating heat from solid biomass

      2. 6.RHI emission certificates

      3. 7.Eligible installations generating heat from solid biomass contained in waste

      4. 8.Eligible installations generating heat using solar collectors

      5. 9.Eligible installations generating heat using ground source heat pumps

      6. 10.Eligible installations generating heat using air source heat pumps

      7. 11.Eligible installations which are shared ground loop systems

      8. 12.Eligible installations which are CHP systems

      9. 13.Eligible installations which are new solid biomass CHP systems

      10. 14.Eligible installations generating heat using geothermal sources

      11. 15.Eligible installations generating heat using biogas

      12. 16.Other eligibility requirements for technologies

      13. 17.Planning permission

      14. 17A.Environmental permits and declaration of compliance

      15. 18.Certification for installation of microgeneration heating equipment

      16. 19.Plants comprising more than one plant

      17. 20.Excluded plants

    3. CHAPTER 3 Eligibility criteria in relation to metering and steam measuring

      1. 21.Metering of plants in simple systems where application for accreditation of the plant was made before 24th September 2013

      2. 22.Metering of plants in complex systems where application for accreditation of the plant was made before 24th September 2013

      3. 23.Metering ...

      4. 24.Metering in respect of shared ground loop systems

      5. 25.Electricity metering in respect of ground source and air source heat pumps in respect of which the application for accreditation is made on or after 28th May 2014 and shared ground loop systems

      6. 26.Shared meters

      7. 27.Metering of CHP systems generating electricity only before commissioning as a CHP system

      8. 28.Matters relating to all heat meters and steam measuring equipment

      9. 29.Additional metering requirements for plants generating heat from biogas

  4. PART 3 Accreditation, registration and tariff guarantees

    1. 30.Applications for accreditation

    2. 31.Treatment of grants from public funds

    3. 32.Producers of biomethane

    4. 32A.Interaction with the Renewable Transport Fuel Obligation

    5. 33.Preliminary accreditation

    6. 34.Preliminary registration of biomethane producers

    7. 35.Tariff guarantees

  5. PART 4 Ongoing obligations for participants

    1. CHAPTER 1 Ongoing obligations relating to the use of solid biomass to generate heat

      1. 36.Interpretation

      2. 37.Participants using solid biomass contained in waste

      3. 38.Participants using solid biomass in accredited RHI installations with an installation capacity of 1MWth or above

      4. 39.Participants using solid biomass in accredited RHI installations with an installation capacity of 45kWth and above but below 1MWth

    2. CHAPTER 2 Ongoing obligations relating to the use of biogas to generate heat and the production of biomethane for injection

      1. 40.Biogas produced from gasification or pyrolysis

      2. 40A.Biogas produced from feedstock derived from fossil fuel

      3. 41.Participants generating heat from biogas

      4. 42.Biomethane producers

    3. CHAPTER 3 Ongoing obligations relating to other matters

      1. 43.Ongoing obligations: general

      2. 44.Ongoing obligations: emissions from biomass

      3. 45.Ongoing obligations in relation to metering

      4. 46.Ongoing obligations in relation to the provision of information

  6. PART 5 Sustainable solid biomass, biogas or biomethane

    1. 47.Interpretation

    2. 47A.Ongoing obligation in relation to boiler maintenance

    3. 47B.Approval of equivalent bodies, equivalent standards and equivalent certification schemes

    4. 48.Ongoing obligation to use sustainable solid biomass or biogas or to produce sustainable biomethane

    5. 49.Ongoing obligation to provide information to the Authority in relation to the use of sustainable solid biomass etc

    6. 50.Ongoing obligation to submit sustainability audit reports

    7. 51.Schemes for listing approved sustainable fuels

  7. PART 6 Changes affecting accredited RHI installations and registered producers

    1. 51A.Interpretation

    2. 52.Review of accreditation or registration following notification of a change in circumstances

    3. 52A.Modification of installation capacity — shared ground loop systems

    4. 52B.Budget allocation for modification of installation capacity — shared ground loop systems

    5. 53.Change in circumstances for shared ground loop systems

    6. 54.Changes in ownership of accredited RHI installations

    7. 54A.Change of producer of biomethane for injection

    8. 55.Changes in location of accredited RHI installations

    9. 55A.Replacement plants

  8. PART 7 Periodic support payments

    1. 56.Interpretation

    2. 57.Publication of tariffs

    3. 58.Expenditure forecast statement and tariff change notice

    4. 59.Calculation and payment of periodic support payments to participants

    5. 60.Calculation of initial tariffs

    6. 61.Calculation of A

    7. 62.Calculation of subsequent tariffs

    8. 63.Tiered tariffs

    9. 64.Periodic support payments for accredited RHI installations in simple systems in respect of which an application for accreditation was made before 24th September 2013

    10. 65.Periodic support payments accredited RHI installations for complex systems in respect of which an application for accreditation was made before 24th September 2013

    11. 66.Periodic support payments for accredited RHI installations ...

    12. 67.Periodic support payments for CHP systems using biomass or biogas in combination with other sources of energy

    13. 68.Periodic support payments for new solid biomass CHP systems

    14. 69.CHP systems accredited in relation to the Renewables Obligation

    15. 70.Periodic support payments for shared ground loop systems

    16. 71.Fossil fuel contamination of solid biomass and fossil fuel used for permitted ancillary purposes

    17. 72.Fossil fuel contamination adjustment to periodic support payments for producers and combusters of biogas produced from gasification and pyrolysis

    18. 72A.Adjustment to periodic support payments for use of feedstock derived from fossil fuel in the production of biogas by anaerobic digestion and the production of biomethane

    19. 73.Periodic support payments to producers of biomethane

    20. 74.Reconciliation payments for biogas and biomethane produced by anaerobic digestion on or after the date on which these Regulations come into force

    21. 75.Calculation of heat loss in certain circumstances

  9. PART 8 Additional RHI capacity and additional capacity for biomethane production

    1. 76.Additional RHI capacity

    2. 77.Additional capacity for biomethane production

  10. PART 9 Enforcement

    1. 78.Power to temporarily withhold periodic support payments to investigate alleged non-compliance

    2. 79.Power to withhold periodic support payments: further provisions

    3. 80.Power to reduce a participant's periodic support payments

    4. 81.Revocation of accreditation or registration

    5. 82.Power to correct the level of tariff being paid to a participant

    6. 83.Overpayment notices and offsetting

    7. 84.Revocation of sanctions

    8. 85.Power to inspect accredited RHI installations and equipment used to produce biomethane

  11. PART 10 Administrative functions of the Authority

    1. 86.Right of review

    2. 87.Publication of guidance and tariffs

    3. 88.Provision of information to the Authority etc

    4. 89.Reporting obligations

    5. 90.Additional information

    6. 91.Notices

  12. PART 11 Revocation and savings

    1. 92.Revocation, savings and transitional provisions

  13. Signature

    1. SCHEDULE 1

      Content of RHI emission certificates

      1. 1.The name and address of the testing laboratory by which...

      2. 2.The name and signature of the person authorised by the...

      3. 3.The date of issue of the certificate together with a...

      4. 4.Where the testing laboratory is accredited to BS EN ISO/IEC...

      5. 5.The name, model, manufacturer and installation capacity of the plant...

      6. 6.The date of the testing.

      7. 7.Confirmation that emissions of NOₓ and PM have been tested...

      8. 8.The requirements of this paragraph are that testing is carried...

      9. 9.The requirements of this paragraph are that—

      10. 10.Confirmation that the test was carried out at no less...

      11. 11.Confirmation that when tested as specified in paragraphs 7 to...

      12. 12.The actual emissions of PM and NOₓ measured when the...

      13. 13.A list of— (a) the types of fuel used during...

      14. 14.The moisture content of the fuel used during testing and...

      15. 15.A statement indicating whether or not the plant tested was...

      16. 16.A list of plants, other than the plant tested, in...

    2. SCHEDULE 2

      Information required for modification of installation capacity, extension applications accreditation or registration

      1. 1.(1) This Schedule specifies the information that may be required...

    3. Schedule 2A

      Evidence to support extension application

      1. 1.Evidence requirements

      2. 2.Primary evidence

      3. 3.Secondary evidence (Category A)

      4. 4.Secondary evidence (Category B)

      5. 5.Estimated cost of works

    4. SCHEDULE 3

      Greenhouse gas criteria

      1. 1.Solid biomass, biogas or biomethane meets the greenhouse gas criteria...

      2. 2.Lifecycle greenhouse gas emissions are to be calculated as follows—...

      3. 3.For the purposes of paragraph 2— (a) η h

      4. 4.In this Schedule— “actual value method” means the method set...

    5. SCHEDULE 4

      Land criteria

      1. PART 1 Interpretation

        1. 1.In this Schedule, material is added to solid biomass for...

        2. 2.In this Schedule— “continuously forested area” means land of an...

        3. 3.For the purposes of this Schedule— (a) solid biomass was...

      2. PART 2 Land criteria for solid biomass which is wood or wholly derived from wood, excluding energy crops

        1. 4.Solid biomass which is wood or wholly derived from wood...

        2. 5.(1) For the purposes of paragraph 4, solid biomass which...

        3. 6.Material added to solid biomass for an exempt purpose shall...

        4. 7.For the purposes of paragraph 5, “Forest Europe Sustainable Forest...

      3. PART 3 Land criteria for other solid biomass including energy crops

        1. 8.Solid biomass which is not wood or derived wholly from...

        2. 9.Material added to solid biomass for an exempt purpose shall...

        3. 10.Solid biomass is obtained from a protected source if it...

        4. 11.This paragraph applies if the production of the solid biomass...

        5. 12.This paragraph applies if the cultivation and harvesting of the...

    6. SCHEDULE 4A

      Solid biomass which is wood: Criteria for woodfuel quality

      1. 1.This Schedule applies to solid biomass (excluding solid biomass contained...

      2. 2.Subject to paragraph 2A, all wood pellets must meet the...

      3. 2A.The requirement in paragraph 2 is disapplied—

      4. 2B.(1) If the Secretary of State considers that there is...

      5. 3.All other woodfuel must meet— (a) fuel quality standard EN...

      6. 4.All woodfuel must be certified by the Woodsure Certification Scheme...

      7. 4A.Paragraph 4(a) does not apply for any period for which...

      8. 5.The certification scheme must provide assurance of the supply chain...

      9. 6.In this Schedule, “woodfuel” means— (a) woodchip;

    7. SCHEDULE 5

      Information to be provided to the Authority where solid biomass is used for combustion or production of biomethane

      1. 1.This Schedule specifies the information that a participant is required...

      2. 2.The information is information identifying— (a) the material from which...

      3. 3.The information specified in paragraph 2 must be collated by...

    8. SCHEDULE 6

      Tariffs

    9. SCHEDULE 7

      Degression

      1. 1.Calculation of B

      2. 2.Calculation of C

  14. Explanatory Note

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