The Renewable Heat Incentive Scheme Regulations 2018

1Citation and commencement

2Interpretation

3Renewable heat incentive scheme

4Eligible installations

5Eligible installations generating heat from solid biomass

6RHI emission certificates

7Eligible installations generating heat from solid biomass contained in waste

8Eligible installations generating heat using solar collectors

9Eligible installations generating heat using ground source heat pumps

10Eligible installations generating heat using air source heat pumps

11Eligible installations which are shared ground loop systems

12Eligible installations which are CHP systems

13Eligible installations which are new solid biomass CHP systems

14Eligible installations generating heat using geothermal sources

15Eligible installations generating heat using biogas

16Other eligibility requirements for technologies

17Planning permission

18Certification for installation of microgeneration heating equipment

19Plants comprising more than one plant

20Excluded plants

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

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

23Metering in respect of applications for accreditation made on or after 24th September 2013

24Metering in respect of shared ground loop systems

25Electricity 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

26Shared meters

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

28Matters relating to all heat meters and steam measuring equipment

29Additional metering requirements for plants generating heat from biogas

30Applications for accreditation

31Treatment of grants from public funds

32Producers of biomethane

33Preliminary accreditation

34Preliminary registration of biomethane producers

35Tariff guarantees

36Interpretation

37Participants using solid biomass contained in waste

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

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

40Biogas produced from gasification or pyrolysis

41Participants generating heat from biogas

42Biomethane producers

43Ongoing obligations: general

44Ongoing obligations: emissions from biomass

45Ongoing obligations in relation to metering

46Ongoing obligations in relation to the provision of information

47Interpretation

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

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

50Ongoing obligation to submit sustainability audit reports

51Schemes for listing approved sustainable fuels

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

53Change in circumstances for shared ground loop systems

54Changes in ownership

55Changes in location of accredited RHI installations

56Interpretation

57Publication of tariffs

58Expenditure forecast statement and tariff change notice

59Calculation and payment of periodic support payments to participants

60Calculation of initial tariffs

61Calculation of A

62Calculation of subsequent tariffs

63Tiered tariffs

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

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

66Periodic support payments for accredited RHI installations in respect of which an application for accreditation is made on or after 24th September 2013

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

68Periodic support payments for new solid biomass CHP systems

69CHP systems accredited in relation to the Renewables Obligation

70Periodic support payments for shared ground loop systems

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

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

73Periodic support payments to producers of biomethane

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

75Calculation of heat loss in certain circumstances

76Additional RHI capacity

77Additional capacity for biomethane production

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

79Power to withhold periodic support payments: further provisions

80Power to reduce a participant’s periodic support payments

81Revocation of accreditation or registration

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

83Overpayment notices and offsetting

84Revocation of sanctions

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

86Right of review

87Publication of guidance and tariffs

88Provision of information to the Authority etc

89Reporting obligations

90Additional information

92Revocation, savings and transitional provisions

SCHEDULE 1Content of RHI emission certificates

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

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

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

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

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

6The date of the testing.

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

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

9The requirements of this paragraph are that—

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

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

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

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

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

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

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

SCHEDULE 2Information required for accreditation or registration

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

SCHEDULE 3Greenhouse gas criteria

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

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

3For the purposes of paragraph 2— (a) ηh is the...

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

SCHEDULE 4Land criteria

PART 1Interpretation

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

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

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

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

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

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

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

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

PART 3Land criteria for other solid biomass including energy crops

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

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

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

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

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

SCHEDULE 5Information to be provided to the Authority where solid biomass is used for combustion or production of biomethane

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

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

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

SCHEDULE 6Tariffs

SCHEDULE 7Degression

1Calculation of B

2Calculation of C

2018 No. 611

Energy

The Renewable Heat Incentive Scheme Regulations 2018

Made21st May 2018

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred by sections 100 and 104(2) of the Energy Act 20081, makes the following Regulations.

In accordance with section 105(3)2 of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

In accordance with section 100(7) of that Act, the Secretary of State has obtained the consent of the Scottish Ministers to the making of these Regulations.