The Renewable Heat Incentive Scheme (Amendment) Regulations 2022

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Renewable Heat Incentive Scheme Regulations 2018 (S.I. 2018/611) (“the 2018 Regulations”). The 2018 Regulations provide for a scheme under which owners of plants which generate heat from specified renewable sources and meet specified criteria, and producers of biomethane for injection, may receive prescribed tariffs for heat used for eligible purposes.

Regulation 3 inserts a definition of “proposed plant”. Regulation 4 amends the requirements under the 2018 Regulations to notify the Gas and Electricity Markets Authority (the “Authority”) of a plan to modify the capacity of a ground source heat pump or shared ground loop system.

Regulation 5 makes amendments to the process by which the Authority decides whether the budget allocation published by the Secretary of State prevents it from approving a plan to modify capacity.

Regulation 6 temporarily disapplies certain requirements relating to the fuel quality criteria. It also gives the Secretary of State the power to disapply those requirements in the future provided certain conditions are met. The amendments made by regulation 6 will also affect the Domestic Renewable Heat Incentive Scheme Regulations 2014 (S.I. 2014/928), as the definition of “approved sustainable fuel” in those Regulations references regulation 51 of the 2018 Regulations.

Regulation 6 also corrects an incorrect reference to an industry standard in paragraph 3 of Schedule 4A to the 2018 Regulations.

A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sectors is foreseen.

Copies of British Standards referred to in these Regulations can be obtained from www.bsigroup.com and hard copies can be obtained from BSI Customer Services, 389 Chiswick High Road, London W4 4AL (telephone number 0345 086 9001).