Renewable Heat Incentive Scheme (Amendment) (No. 2) Regulations 2015 (S.I. No. 477 of 2015)

(a) 2008 c. 32. Section 100 is amended by S.I. 2011/2195. Section 100 is also amended by section 51 of the Infrastructure Act 2015 (c. 7) (section 51 came into force on 12th February 2015) but none of the amendments so made to section 100 are relevant for the purposes of these Regulations. Section 51 also amended section 105 of the Energy Act 2008 (Parliamentary control of subordinate legislation) and inserted subsections (3A) to (3I) concerning provisions which require the affirmative resolution procedure. By virtue of subsections (3A) to (3I), these Regulations do not require the affirmative procedure.

(b) Regulation 42 was substituted by regulation 22 of S.I. 2015/197.

(c) S.I. 2011/2860, amended by S.I. 2012/1999, S.I. 2013/1033, S.I. 2013/2410, S.I. 2013/3179, S.I. 2014/928; S.I. 2014/1413; S.I. 2015/145 and S.I. 2015/197. (bb) derived from the combustion of that biogas;”. Amber Rudd Parliamentary Under Secretary of State 4th March 2015 Department of Energy and Climate Change EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations, which apply to Great Britain, amend the Renewable Heat Incentive Scheme Regulations 2011 (S.I. 2011/2860) as amended (“the principal regulations”). By regulation 22 of the Renewable Heat Incentive Scheme (Amendment) Regulations 2015 (S.I. 2015/197), which came into force on 12th February 2015, a new regulation 42 (periodic support payments to producers of biomethane) was substituted in the principal regulations. Regulation 42 as substituted contained an error. In paragraph (i) of the definition of “E” (which concerns the amount of heat which is deducted in calculating the amount of “eligible biomethane” on which a tariff is payable), heat produced from the combustion of biogas from the biogas production plant was not included as a source of heat which is to be disregarded. That disregard was contained in the previous version of regulation 42 and no change was intended to be introduced by the new regulation 42. The error is corrected by these Regulations. A full impact assessment of the effect that S.I. 2015/197 will have on the costs of business and the voluntary sector is available from the Department of Energy and Climate Change at 3 Whitehall Place, London, SW1A 2AW and is published with the Explanatory Memorandum alongside that instrument on www.legislation.gov.uk. © Crown copyright 2015 Printed and published in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament. £4.25 UK2015030427 03/2015 19585 http://www.legislation.gov.uk/id/uksi/2015/477 2