The Boiler Upgrade Scheme (England and Wales) Regulations 2022

PART 4 E+W Boiler upgrade grants

Determination and publication of budget allocation E+W

12.—(1) The Secretary of State—

(a) must publish the total budget allocation for boiler upgrade vouchers before the end of the period of 14 days beginning with the commencement date,

(b) must determine and publish the budget allocation for boiler upgrade vouchers for a relevant financial year before—

(i) in the case of the relevant financial year beginning with the commencement date, the end of the period of 14 days beginning with that date;

(ii) in the case of any other relevant financial year, the beginning of that financial year, and

(c) may determine and publish a budget allocation for boiler upgrade vouchers for a quarter of a relevant financial year before the beginning of that quarter.

(2) The Authority must publish the total value of boiler upgrade vouchers issued, at least once in every quarter of each relevant financial year.

(3) For the purposes of paragraph (2), “boiler upgrade vouchers issued” means boiler upgrade vouchers which have been issued and have not—

(a) expired in accordance with regulation 15(2), or

(b) been revoked in accordance with regulation 16(8) or 21.

Commencement Information

I1 Reg. 12 in force at 23.5.2022, see reg. 1(1)

Determination and publication of boiler upgrade grant values E+W

13.—(1) The Secretary of State must determine and publish the values of the boiler upgrade grants, for the installation of—

(a) an air source heat pump,

(b) a ground source heat pump, and

(c) a biomass boiler,

by the end of the period of 14 days beginning with the commencement date.

(2) The Secretary of State may review the value of a boiler upgrade grant, having regard to such matters as the Secretary of State considers relevant, and may as a result of such a review—

(a) increase or decrease the value of the boiler upgrade grant, or

(b) determine that the value of the boiler upgrade grant remains unchanged.

(3) For the purposes of paragraph (2), the matters to which the Secretary of State may have regard include—

(a) the number of boiler upgrade vouchers issued in relation to the installation of eligible plant,

(b) a change in the market price of eligible plant or in the cost of installation of eligible plant,

(c) any other factor which is likely, in the opinion of the Secretary of State, to affect—

(i) the number of grant applications, or

(ii) the cost of installing or running eligible plant.

(4) Where the value of a boiler upgrade grant is increased or decreased as a result of a review described in paragraph (2), the Secretary of State must publish a notice (a “grant change notice”) specifying—

(a) the new value of the boiler upgrade grant, and

(b) the date on which that new value will take effect, which must be a date at least 28 days after the date on which the grant change notice is published.

Commencement Information

I2 Reg. 13 in force at 23.5.2022, see reg. 1(1)

Grant applications E+W

14.—(1) An installer may make an application to the Authority for a boiler upgrade grant (a “grant application”) in relation to the installation of an eligible plant—

(a) for an eligible property, or

(b) in a property that—

(i) meets the requirements in regulation 5(1)(a), (b) and (c)(ii), and

(ii) does not meet the requirements in regulation 6 because the valid energy performance certificate for the property includes a recommendation report which recommends that loft insulation or cavity wall insulation or both be installed, and where the reasons set out in regulation 6(2) do not prevent such insulation being installed,

provided that the conditions in paragraph (2) are met.

(2) The conditions in this paragraph are that—

(a) the owner of the property—

(i) consents to the installer making the grant application,

(ii) will become the owner of the eligible plant on completion of the installation,

(iii) has not received a grant from public funds in respect of any of the costs of the purchase or installation of the eligible plant, and

(iv) in the case of an application falling within paragraph (1)(b) (property not eligible at the time of the grant application), intends to—

(aa) install any loft insulation and cavity wall insulation recommended in the recommendation report, and

(bb) obtain a valid energy performance certificate for the property which demonstrates that that insulation has been installed, by no later than the date on which the application to redeem the boiler upgrade voucher is made,

(b) the installation of the eligible plant is not a measure promoted by an electricity or gas supplier for the purpose of achieving their home-heating cost reduction obligation under section 41B of the Electricity Act 1989(1) or section 33BD of the Gas Act 1986(2),

(c) a boiler upgrade grant has not previously been paid to an installer in accordance with regulation 16(6)(b) in relation to the installation of any eligible plant in the property, and

(d) if the installer is paid the boiler upgrade grant in accordance with regulation 16(6)(b), it will be used by the installer solely to fund the installation of the eligible plant.

(3) A grant application must be in writing, in such form as the Authority may require, and include—

(a) the information specified in Schedule 2 (information required for grant application), and

(b) confirmation, given by the installer, that the condition in paragraph (2)(c) is met, and the information provided under sub-paragraph (a) is accurate to the best of their knowledge and belief.

(4) The Authority must give the owner of the property a notice which—

(a) specifies, for the purposes of determining the grant application, the information required from the owner of the property, which may include confirming that owner is aware of, and consents to the grant application,

(b) specifies the period within which the information required in sub-paragraph (a) must be provided, and

(c) informs the owner that failure to provide the requested information within that period may result in the grant application being rejected.

(5) Where the Authority considers that further information from the installer is necessary for the purpose of determining a grant application, it may by notice—

(a) specify further information which the installer is required to provide within 14 days beginning with the date the notice is issued, and

(b) inform the installer that failure to provide the requested information within that period may result in the grant application being rejected.

(6) The Authority may by notice extend the period specified in a notice under paragraph (4)(b) or (5)(b) where it is satisfied that it is reasonable to do so.

(7) For the purposes of paragraph (4), where there is more than one owner of the eligible property, or property where regulation 14(1)(b) applies—

(a) the Authority may request information, and confirmation of the matters referred to in paragraph (2)(a), from any person who is an owner of the eligible property,

(b) any information or confirmation so requested may be provided by one of the owners of the eligible property on behalf of one or more of the other owners, provided that any confirmation requested is provided by or on behalf of every owner, and

(c) where one owner provides confirmation on behalf of another owner, the confirmation must state that they have authority to provide that confirmation on behalf of that other owner.

(8) For the purposes of paragraph (2)(a)(iii), “grant from public funds” means a grant made by a public authority or by any person distributing funds on behalf of a public authority.

Commencement Information

I3 Reg. 14 in force at 23.5.2022, see reg. 1(1)

Determination of grant applications E+W

15.—(1) Subject to paragraphs (4) to (7), regulation 20(5) (refusal of subsequent grant applications), and regulation 21 (revocation of vouchers), where a grant application is properly made, the Authority must issue a notice (a “boiler upgrade voucher”) to the installer which specifies—

(a) the date on which the boiler upgrade voucher is issued,

(b) the date on which the boiler upgrade voucher expires if it has not already been—

(i) redeemed in accordance with regulation 16(6), or

(ii) revoked in accordance with regulation 16(8) or 21,

(c) the unique identifier of the boiler upgrade voucher,

(d) whether the boiler upgrade voucher relates to the installation of—

(i) an air source heat pump,

(ii) a ground source heat pump, or

(iii) a biomass boiler,

(e) the address of the property, and the installer to which the boiler upgrade voucher relates,

(f) the name, address, email address, and telephone number of the owner of the property to which the boiler upgrade voucher relates, and

(g) the value of the boiler upgrade grant which will be paid to the installer if they make a valid application to redeem the boiler upgrade voucher on or before the date on which it expires.

(2) For the purposes of paragraph (1)—

(a) a boiler upgrade voucher relating to the installation of an air source heat pump or a biomass boiler expires at the end of the day which falls at the end of the period of three months which begins with the date on which it is issued, and

(b) a boiler upgrade voucher relating to the installation of a ground source heat pump expires at the end of—

(i) the day which falls at the end of the period of six months which begins with the date on which it is issued, or

(ii) 31st March 2025,

whichever is the earlier.

(3) For the purposes of paragraph (1)(g), the value of a boiler upgrade grant is the current value of the boiler upgrade grant, for the eligible plant that is specified in the boiler upgrade voucher in accordance with paragraph (1)(d), which is published under regulation 13(1) or (4) (as the case may be)—

(a) in a case where the grant application is considered as an outstanding application in accordance with paragraph (6), on the date on which the boiler upgrade voucher is issued,

(b) in any other case, on the date on which the grant application is properly made.

(4) The Authority must consider properly made grant applications in the order in which they are received by it, and must not issue a boiler upgrade voucher without the written consent of the Secretary of State—

(a) in a relevant financial year, where—

(i) the total value of boiler upgrade vouchers already issued in that financial year is equal to, or exceeds, the budget allocation for that financial year, or

(ii) the total value of boiler upgrade vouchers issued in that financial year would exceed the budget allocation for that financial year if that boiler upgrade voucher was issued, or

(b) in a quarter in respect of which the Secretary of State has published a budget allocation in accordance with regulation 12(1)(c), where the total value of boiler upgrade vouchers already issued in that quarter is equal to, or exceeds, the budget allocation for that quarter.

(5) For the purposes of paragraph (4)—

(a) the budget allocation for a relevant financial year means the budget allocation published in accordance with regulation 12(1)(b) in respect of that year,

(b) the total value of boiler upgrade vouchers issued does not include the value of any boiler upgrade voucher which has—

(i) expired in accordance with paragraph (2), or

(ii) been revoked in accordance with regulation 16(8) or 21.

(6) Following any decrease in the total value of boiler upgrade vouchers issued in a relevant financial year or a quarter (as the case may be), as a result of the expiry or revocation of a boiler upgrade voucher within the relevant financial year or the quarter in which it was issued, the Authority must proceed to consider outstanding grant applications in the order in which they were received.

(7) The Authority must refuse to issue a boiler upgrade voucher—

(a) where it considers that the grant application does not comply with regulation 14(1),

(b) where it is not satisfied that the conditions in regulation 14(2) are met in relation to the grant application, or

(c) after 31st December 2024.

(8) The Authority may refuse to issue a boiler upgrade voucher where—

(a) it considers that the installer will not comply with one or more of the installer obligations,

(b) it refused a previous grant application made by the installer or a connected person, or withheld payment of a boiler upgrade grant from the installer or a connected person in accordance with regulation 20, on the ground that information contained in a previous grant application was incorrect or misleading in a material particular,

(c) the owner of the property has failed to provide the information specified in a notice given under regulation 14(4) within the period specified under regulation 14(4)(b) or (6), as applicable,

(d) the installer has failed to provide the information specified in a notice given under regulation 14(5) within the period specified in regulation 14(5)(b) or (6), as applicable,

(e) a voucher previously issued to the installer or a connected person was revoked, other than at the request of the installer or the connected person (as the case may be), or

(f) the Authority is satisfied, having received notification from a relevant body, that the installation or operation of the eligible plant is or will be in breach of any provision of legislation or of a consumer code, of which the installer is a member.

(9) For the purposes of paragraph (8)(f), “relevant body” means a court, tribunal, or public authority responsible for enforcing the legislative provision, the Microgeneration Certification Scheme or an equivalent scheme, or a consumer code, of which the installer is a member.

(10) Where the Authority refuses to issue a boiler upgrade voucher, it must send a notice to the installer specifying—

(a) the reason for the refusal, and

(b) details of the installer’s right of review under regulation 25.

Commencement Information

I4 Reg. 15 in force at 23.5.2022, see reg. 1(1)

Redemption applications E+W

16.—(1) An installer who—

(a) has been issued a boiler upgrade voucher, and

(b) has installed the eligible plant for the eligible property, or a property where regulation 14(1)(b) applies, as specified in that voucher, and commissioned the eligible plant,

may make an application to the Authority to redeem the boiler upgrade voucher (a “redemption application”) after the plant is first commissioned and before the boiler upgrade voucher expires.

(2) Where regulation 14(1)(b) applied to the property at the time of the grant application (property not eligible at the time of the grant application), the installer may make a redemption application if, at the time of the redemption application, there is a valid energy performance certificate for the property which includes a recommendation report which does not recommend that loft insulation or cavity wall insulation or both be installed.

(3) A redemption application must be in writing, in such form as the Authority may require, and include—

(a) the information specified in Schedule 3 (information required for redemption application),

(b) evidence that the eligible plant meets the certification requirements in Schedule 4 (certification requirements), and

(c) confirmation, given by the installer, that the information provided under sub-paragraph (a) and (b) is accurate to the best of their knowledge and belief.

(4) Where the Authority considers that further information from the installer is necessary for the purpose of determining a redemption application, it may by notice—

(a) specify further information which the installer is required to provide within 14 days beginning with the date the notice is issued, and

(b) inform the installer that failure to provide the requested information within that period may result in the redemption application being rejected.

(5) The Authority may by notice extend the period specified in a notice under paragraph (4)(a) where it is satisfied that it is reasonable to do so.

(6) Subject to paragraph (7), regulation 20 (power to withhold grant payment in the case of non-compliance), and regulation 21 (revocation of vouchers), where the Authority is satisfied that a redemption application has been properly made, it must—

(a) notify the installer that their redemption application has been approved, and

(b) make a payment to the installer of the amount of boiler upgrade grant which was notified to them under regulation 15(1)(g) (“the grant amount”).

(7) The Authority must refuse a redemption application where approval of the redemption application would result in more than one boiler upgrade grant being paid in accordance with paragraph (6) in relation to the same eligible property.

(8) Where the Authority is not satisfied that the redemption application has been properly made, it may refuse that application and revoke the boiler upgrade voucher.

(9) Where the Authority refuses a redemption application it must, within 14 days of making that decision, send a notice to the installer—

(a) notifying them of that decision;

(b) specifying the reason for the refusal;

(c) notifying them of their right of review under regulation 25.

Commencement Information

I5 Reg. 16 in force at 23.5.2022, see reg. 1(1)

(1)

1989 c. 29. Section 41B was inserted by the Energy Act 2011 (c. 16), Part 1, Chapter 4, section 69.

(2)

1986 c. 44. Section 33BD was inserted by the Energy Act 2011 (c. 16), Part 1, Chapter 4, section 68.