The Boiler Upgrade Scheme (England and Wales) Regulations 2022

Determination of grant applicationsE+W

This section has no associated Explanatory Memorandum

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,

[F1(d)which category of boiler upgrade grant contained in Schedule 1A the boiler upgrade voucher relates to,]

(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 [F22028],

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) [F3, (4) or (5)] (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 [F42027].

(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.

Textual Amendments

Commencement Information

I1Reg. 15 in force at 23.5.2022, see reg. 1(1)