The Green Gas Support Scheme Regulations 2021

Change of producer of biomethane

15.—(1) This regulation applies where—

(a) a person begins to use equipment used to produce biomethane (the “new producer”), and

(b) a participant (the “original producer”) is receiving periodic support payments for the production of biomethane for injection using that same equipment used to produce biomethane.

(2) No periodic support payment may be made to the new producer until—

(a) the new producer has notified the Authority of the change,

(b) injection of biomethane produced by the new producer has commenced, and

(c) the steps set out in paragraph (4) have been completed.

(3) On receipt of a notification under paragraph (2)(a), the Authority may require the new producer to provide such information as the Authority considers necessary for the proper administration of the Scheme.

(4) Where the Authority is satisfied that the ongoing participant obligations will continue to be complied with by the new producer, the Authority must (subject to regulation 7 (treatment of grants from public finds) and 32(4) (revocation of registration))—

(a) update the central register by substituting the name of the new producer, and

(b) give the new producer a written statement including such of the following information as the Authority considers applicable—

(i) the date of registration of the original producer,

(ii) the date on which the new producer is added to the central register,

(iii) any tariff which applies,

(iv) the process and timing for providing meter readings,

(v) details of the frequency and timetable for periodic support payments,

(vi) the tariff lifetime and tariff end date,

(vii) the ongoing participant obligations, and

(viii) any conditions attached to the registration of the original producer as a participant.

(5) The Authority may refuse to register a new producer where it considers that one or more of the applicable ongoing participant obligations, or one or more of the conditions attached to the registration of the original producer as a participant, will not be complied with.

(6) Where the new producer is registered—

(a) the new producer must be paid periodic support payments (calculated from the date of receipt of the notification under paragraph (2) until the tariff end date in accordance with these Regulations), and

(b) the original producer must not be paid periodic support payments in relation to any biomethane for which payments are made under sub-paragraph (a).

(7) This paragraph applies where, within the period of 12 months beginning with a change of producer, the Authority becomes aware that a new producer is using equipment used to produce biomethane and the original producer is receiving periodic support payments for the production of biomethane for injection using that same equipment used to produce biomethane, and—

(a) no notification is made in accordance with paragraph (2)(a), or

(b) any information required under paragraph (3) is not provided to the Authority.

(8) Where paragraph (7) applies, at the end of the period of 12 months specified in that paragraph—

(a) the Authority must revoke the participant’s registration, and

(b) no further periodic support payments may be made in respect of any biomethane produced using that equipment used to produce biomethane.

(9) The period specified in paragraph (8) may be extended by the Authority where the Authority considers it is just and equitable to do so.