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The Renewable Heat Incentive Scheme (Amendment) Regulations (Northern Ireland) 2017

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Northern Ireland Statutory Rule: The Renewable Heat Incentive Scheme (Amendment) Regulations (Northern Ireland) 2017 No. 32

Amendment of the Renewable Heat Incentive Scheme Regulations (Northern Ireland) 2012

This section has no associated Explanatory Memorandum

5.—(1) In regulation 36(3) for “paragraph (7)” substitute “paragraphs (7), (7A) and (7B)”.

(2) For regulation 36(5) substitute:—

“(5) Subject to paragraphs (6), (7), (7A) and (7B), the tariff for an accredited RHI installation is the tariff set out in Schedule 3, 3A or 4 as the case may be in relation to its source of energy or technology and installation capacity.”.

(3) In regulation 36(6) for “paragraph (5)” substitute “paragraphs (5), (7), (7A) and (7B)”.

(4) regulation 36(7) shall cease to have effect in relation to installations falling within the small or medium biomass tariffs set out in Schedule 3A and accordingly, in Schedule 3, the references to such installations shall cease to have effect.

(5) After regulation 36(7A) insert:—

“(7B) The tariffs for installations accredited before 18th November 2015 and falling within the small or medium biomass tariffs set out in Schedule 3A are the tariffs set out in the Schedule adjusted by the percentage increase or decrease in the retail prices index for the calendar year 2016 (the resulting figure being rounded to the nearest tenth of a penny, with any twentieth of a penny being rounded upwards).”.

(6) In regulation 36(8) for “paragraph (7)” substitute “paragraph (7), (7A) and (7B)”.

(7) After regulation 36(9) insert:—

“(9A) Where an accredited RHI installation falls within the small or medium biomass tariffs set out in Schedule 3A:—

(a)the tariff for the initial heat generated by the installation in any 12 month period commencing with, or with the anniversary of, the date of accreditation (regardless of whether that date falls before or after the coming into operation of the Renewables Heat Incentive Scheme (Amendment) Regulations (Northern Ireland) 2017) is the relevant Tier 1 tariff specified in Schedule 3A;

(b)the tariff for further heat generated in that same 12 month period up to a maximum of 400,000kWhth is the relevant Tier 2 tariff specified in Schedule 3A; and

(c)any further heat generated over 400,000kWhth in the same 12 month period shall not be eligible for periodic payments.”.

(8) In regulation 36(10) for “paragraph (9)” substitute “paragraphs (9) and (9A)”.

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