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Jurisdiction: Great Britain
Commencement: 22nd November 2022
Amends: The Renewable Heat Incentive Scheme Regulations 2018
The Renewable Heat Incentive Scheme Regulations 2018 revoke and replace the Renewable Heat Incentive Scheme Regulations 2011.
They continue the Renewable Heat Incentive (RHI) Scheme to facilitate and encourage the renewable generation of heat by giving subsidy payments to eligible generators of renewable heat and producers of biomethane.
*Note from 31st March 2021 the scheme is closed to new applicants barring a few exceptions. Payments for installations already accredited under the scheme will continue until 31st March 2041.*
Part 1: Introductory provisions
The Gas and Electricity Markets Authority (‘the Authority’) must make, to participants who are owners of accredited RHI installations, payments for generating heat that is:
The Authority must make periodic support payments to participants who are producers of biomethane for injection.
The Authority must not make periodic support payments for the generation of heat by an accredited RHI installation which the Authority considers is used for an excluded heat use. This includes heating a swimming pool other than one which is used for commercial or municipal purposes, drying digestate or woodfuel (with exceptions), and drying, cleaning or processing certain waste.
Part 2: Eligibility and matters relating to eligibility
Chapter 1 defines the eligibility criteria that must be satisfied for a plant to be eligible to participate in the Scheme.
Chapter 2 specifies the eligibility criteria other than those in relation to metering.
Chapter 3 specifies the eligibility criteria in relation to metering, setting out the types of meters which may be used, the requirements with which they must comply, and what must be measured.
Part 3: Accreditation, registration and tariff guarantees
An owner of a plant, including a plant which is additional RHI capacity, may apply for it to be accredited. An application for accreditation may be accepted or refused by the Authority.
A producer of biomethane for injection may apply to the Authority to be registered as a participant. An application for registration may be accepted or refused by the Authority.
In specified circumstances the Authority may or may not accredit a plant or register a biomethane producer where the participant has received a grant from public funds.
A person may apply for, and the Authority may grant preliminary accreditation in respect of, a plant and preliminary registration of biomethane producers.
In specified circumstances a person may apply for, and the Authority may grant a tariff guarantee subject to the budget allocation for, tariff guarantees set by the Secretary of State.
Part 4: Ongoing obligations for participants
Chapter 1 of Part 4 sets out ongoing obligations with which participants generating heat from biomass must comply.
Chapter 2 of Part 4 sets out ongoing obligations for participants who are generating heat from biogas and producing biomethane for injection.
Chapter 3 of Part 4 sets out the ongoing obligations for participants which are not specific to those participants generating heat from biomass or biogas or producing biomethane for injection.
Part 5: Sustainable solid biomass, biogas or biomethane
Part 5 imposes requirements in relation to solid biomass or biogas used to generate heat and on biomethane which is injected. These provisions require compliance with life cycle greenhouse gas emission limits and restrict the place from which solid biomass or feedstock for biogas or biomethane can be sourced.
Part 6: Changes affecting accredited RHI installations and registered producers
This Part specifies the powers of the Authority, including suspending payments where it is made aware of a change in circumstances affecting an accredited RHI installation, including where there has been a transfer in ownership or a change in location of an RHI installation, or a change in circumstances in respect of a shared ground loop system such that the heat generated by a ground source heat pump forming part of that system is required to be metered.
Part 7: Periodic support payments
Part 7 confers on the Authority the function of calculating and paying periodic support payments to participants. These Regulations specify the method by which tariffs are assigned; confer a function on the Authority to calculate and publish a table of tariffs each year, adjusted in line with the consumer prices index; and specify the method by which periodic support payments are calculated.
Part 8: Additional RHI capacity and additional capacity for biomethane production
This Part specifies how a plant using the same source of energy and technology as an accredited RHI installation and supplying heat to the same heating system (known as additional RHI capacity) and how a biomethane producer who produces biomethane which is additional to the capacity specified in the initial application (known as additional biomethane) are to be treated under the Scheme.
Part 9: Enforcement
Part 9 sets out requirements in relation to the enforcement of these Regulations.
Part 10: Administrative functions of the Authority
This Part confers various administrative functions on the Authority.
Part 11: Revocations and savings
Part 11 revokes the Renewable Heat Incentive Scheme Regulations 2011, and makes saving provisions in relation to that revocation.
In Schedule 4A (solid biomass which is wood: Criteria for woodfuel quality) of the Renewable Heat Incentive Scheme Regulations 2018, paragraph 2A is amended so that the requirements of paragraph 2 are suspended for a period of 12 months from 22nd November 2022.
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Jurisdiction: Great Britain
Commencement: 1st January 2023 with part of the amendment coming into force on the 1st April 2023
Amends: The Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003
The Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003 implement Article 5 of Directive 2009/28/EC on the promotion of the use of energy from renewable sources (the Renewable Energy Directive).
Article 5 requires Member States to ensure that a Guarantee of Origin (GOO) is issued, on request, in respect of electricity produced from renewable energy sources.
Guarantees of Origin (GOO) are certificates issued by ‘the Authority’ which certify that electricity or was produced from renewable energy sources.
Within the UK GOOs are called Renewable Energy Guarantees of Origin (REGOs)
The Gas and Electricity Markets Authority is designated as the body to issue Renewable Energy Guarantees of Origin (REGOs) in Great Britain.
REGOs must:
These Regulations amend The Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003 and The Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007.
The obligation for UK authorities to recognise certificates of origin (GOOs and GHPGOs) issued in the European Union is removed. These Regulations come into force on 1st January 2023.
*GOO means a guarantee of origin of electricity produced from renewable energy sources.
**CHPGO means a guarantee of origin of electricity produced from high-efficiency cogeneration.
The Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003 is amended by removing the obligations to recognise GOOs issued in an EU member State. The changes come into force on 1st April 2023.
The Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007 is amended by removing the obligations to recognise CHPGOs issued in an EU member State. The changes come into force on 1st January 2023.
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Jurisdiction: Great Britain
Commencement: 26th October 2022
Amends: The Renewable Heat Incentive Scheme Regulations 2018
Various duties apply.
The following apply to England, Scotland and Wales. These changes come into force on 16th November 2022.
Changes are made to the fuel quality requirements for wood pellets listed in Schedule 4A. These Regulations temporarily suspend the requirement for participants who use wood pellets as fuel for their biomass boilers to use ENplus A1 pellets.
Furthermore, this suspension of this requirement will apply for 12 months.
Powers are granted to the Secretary of State to temporarily suspend this requirement again, if needed in the future.
Additionally, changes are made to the ownership requirements in regulation 52A (Modification of installation capacity -shared ground loop systems). A participant who is not the owner, or one of the owners of an additional heat pump can make a capacity modification application to the Office of Gas and Electricity Markets (Ofgem) if:
Tariff Guarantees (TG2 and TG3) and Coronavirus (COVID-19) extension applicants can file a plan to modify capacity on, or before 31st March 2023, without their plant being accredited by Ofgem. This is done to accommodate delays due to the COVID-19 pandemic.
There are no changes to duties for organisations.
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