SI 2026/1051 - The Green Gas Support Scheme (Amendment) Regulations 2026

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

This Statutory Instrument has been made in part in consequence of a defect in S.I. 2021/1335 and is being issued free of charge to all known recipients of that Statutory Instrument.

STATUTORY INSTRUMENTS 2026 No. 1051 ENERGY The Green Gas Support Scheme

(Amendment) Regulations 2026 23rd September Made - - - - 2026 Laid before Parliament 25th September 2026 Coming into force Regulations 1 to 6, 8, 9 and 11 16th October 2026 Regulations 7 and 10 1st April 2027 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 100 and 104(2) of the Energy Act 2008(1).

In accordance with section 100(7) of that Act, the Secretary of State has obtained the consent of the Scottish Ministers to the making of these Regulations.

In accordance with section 148A of the Government of Wales Act 2006(2) the Secretary of State has consulted the Welsh Ministers before making these Regulations.

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Green Gas Support Scheme (Amendment) Regulations 2026.

(2) These Regulations come into force on 16th October 2026, subject as follows.

(3) Regulations 7 and 10 come into force on 1st April 2027.

(4) These Regulations extend to England and Wales and Scotland.

(1) 2008 c. 32. Section 100 was amended by section 51 of the Infrastructure Act 2015 (c. 7) and by S.I. 2011/2195. 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 section 105(3A) to (3I), these Regulations do not attract the affirmative procedure.

(2) 2006 c. 32. Section 148A was inserted by the Wales Act 2017 (c. 4), section 55(1).Document Generated: 2026-09-25

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

(5) In these Regulations, “2021 Regulations” means the Green Gas Support Scheme Regulations 2021(3).

Amendment to the 2021 Regulations 2 The 2021 Regulations are amended as follows.

Amendment to regulation 4 (application for tariff guarantee and budget allocation) 3 In regulation 4—

(a) in paragraph (2)—

(i)in sub-paragraph (a), for “2028” substitute “2030”;

(ii)omit the “or” after sub-paragraph (a);

(iii)after sub-paragraph (b)(v), insert “, or

(c) after 31st March 2028.”;

(b) after paragraph (6), insert— “(6A) The Authority may, if requested by an applicant, re-issue a notice issued under paragraph (6) for an application made on or after 10th December 2025, that substitutes a later date, that is no later than 31st March 2030, as the date by which, for the purposes of the tariff guarantee, the injection of biomethane must commence.

(6B) If the Authority re-issues a notice under paragraph (6A), it may amend the conditions that apply in relation to the tariff guarantee, or impose additional conditions, which the Authority considers necessary in relation to the tariff guarantee.”;

(c) in paragraph (7)—

(i)in sub-paragraph (a)(ii), for “paragraph (6)(b), (d) or (e)” substitute “paragraphs (6)

(b), (d), (e), (6A), or (6B)”;

(ii)for sub-paragraph (b)(i), substitute— “(i)183 or more days after the date given in accordance with—

(aa)paragraph (4)(a), or

(bb)paragraph (6A), where a notice has been re-issued under that paragraph,”;

(iii)omit the “or” after sub-paragraph (b)(i);

(iv)for sub-paragraph (b)(ii), substitute— “(ii)where the application for the tariff guarantee was made before 4th June 2024, after 30th November 2025,

(iii)where the application for the tariff guarantee was made on or after 4th June 2024 and before 10th December 2025, after 31st March 2028,

(iv)where the application for the tariff guarantee was made on or after 10th December 2025 and before 16th October 2026—

(aa)after 31st March 2028, or

(bb)if the notice is re-issued following a request made under paragraph (6A), after 31st March 2030, or

(v)for all other applications, after 31st March 2030,”;

(3) S.I. 2021/1335; relevant amending instruments are S.I. 2022/592, 2024/642.

2Document Generated: 2026-09-25

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

(d) in paragraph (17), in the definition of “relevant financial year”, for “and 2029/2030” substitute “, 2029/2030, 2030/2031, 2031/2032, 2032/2033, 2033/2034 and 2034/2035.”.

Amendment to regulation 6 (determination of application for registration and the central register) 4 In regulation 6(6)(d), for “2028” substitute “2030”.

Amendment to regulation 7 (treatment of grants from public funds) 5 In regulation 7(3)(b), for “2028” substitute “2030”.

Amendment to regulation 8A (registration of eligible heat pumps) 6 In regulation 8A(5)—

(a) at the beginning, for “A” substitute “An exemption from a”;

(b) after “27(2)(d), and”, insert “a deduction for”.

Amendment to regulation 10 (ongoing participant obligations: general) 7 In regulation 10(1)(k)—

(a) for “payment year (within the meaning of that regulation)” substitute “scheme year”;

(b) in sub-paragraph (i), for “payment”, in both places it occurs, substitute “scheme”.

Amendment to regulation 13 (ongoing participant obligations: sustainability audit reports) 8 In regulation 13—

(a) in paragraph (4)—

(i)for “paragraph (5)” substitute “paragraphs (5) to (7)”;

(ii)for “each anniversary of” substitute “the end of each scheme year from”;

(b) in paragraph (5)—

(i)at the beginning, for “The” substitute “Subject to paragraphs (6) and (7), the”;

(ii)for the words from “the”, in the second place it occurs, to the end, substitute “that scheme year.”;

(c) after paragraph (5), insert— “(6) If a participant has not submitted a report under this regulation, the Authority may require the participant to submit a report that must consider and report on each consignment of biomethane produced on or after the date on which that participant was first registered as a producer of that biomethane and before 1st April 2026.

(7) The Authority may require a participant to submit a report under this regulation within three months after the tariff end date which must consider and report on each consignment of biomethane produced during the period starting on 1st April of the preceding scheme year and ending on the tariff end date.”.

Amendment to regulation 21 (calculation and payment of periodic support payments to participants) 9 In regulation 21—

(a) for paragraph (1), substitute— 3Document Generated: 2026-09-25

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “(1) Subject to paragraph (1A), periodic support payments are payable for 15 years from the tariff start date.

(1A) Where the tariff start date is after 31st March 2028, periodic support payments are not payable in respect of a period after 31st March 2043.”;

(b) in paragraph (2), at the beginning, for “Paragraph (1) is” substitute “Paragraphs (1) and

(1A) are”.

Amendment to regulation 28 (reconciliation payments for biomethane) 10 In regulation 28—

(a) in paragraphs (1), (2) and (3), for “payment year”, in each place those words occur, substitute “scheme year”;

(b) in paragraph (5)—

(i)after the definition of “biogas yield”, for “, and” substitute “.”;

(ii)omit the definition of “payment year”.

Transitional and saving provision

11.—(1) Where a payment year begins before 1st April 2027, regulations 10(1)(k) and 28 of the 2021 Regulations continue to have effect for that payment year as if they had not been amended by these Regulations.

(2) W here—

(a) regulation 28 of the 2021 Regulations applies in relation to a payment year to which paragraph (1) applies, and

(b) regulation 28 as amended by these Regulations applies in relation to a scheme year beginning on 1st April 2027 (“2027 scheme year”), the sum calculated in accordance with regulation 28(2)(a) for the 2027 scheme year must be reduced by the sum of the periodic support payments calculated in respect of the period covered by both the payment year and the 2027 scheme year.

(3) For the purposes of regulation 10(1)(k) of the 2021 Regulations, as it applies in relation to a payment year beginning before 1st April 2027, the Authority may require a participant to submit an annual report in accordance with regulation 13 of the 2021 Regulations as it had effect immediately before regulation 8 of these Regulations came into force.

(4) For the purposes of this regulation— “payment year” has the meaning given in regulation 28(5) of the 2021 Regulations; “scheme year” has the meaning given in regulation 2 of the 2021 Regulations.

Polly Billington Parliamentary Under-Secretary of State 23rd September 2026 Department for Energy Security and Net Zero 4Document Generated: 2026-09-25

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations, which apply in Great Britain, amend the Green Gas Support Scheme Regulations 2021 (S.I. 2021/1335) (“the 2021 Regulations”), which established the Green Gas Support Scheme (“the GGSS”). The GGSS is a renewable heat incentive scheme designed to support the production of biomethane by anaerobic digestion for injection into the gas grid.

Regulation 3 makes amendments to regulation 4 of the 2021 Regulations to extend the date by which equipment used to produce biomethane for injection must be commissioned to 31 March 2030 for applicants who apply to the GGSS on or after 16 October 2026. Applicants who made an application on or after 10 December 2025, but before 16 October 2026, can make a request to the Authority to amend their tariff guarantee that substitutes a later date, that is no later than 31 March 2030, by which the injection of biomethane must commence.

Regulations 4 and 5 make amendments to regulations 6 and 7 of the 2021 Regulations to reflect the extended date by which equipment used to produce biomethane for injection must be commissioned.

Regulation 6 corrects a drafting error in regulation 8A of the 2021 Regulations to clarify that exemptions from deductions for heat from, and deductions in respect of electricity supplied to, eligible heat pumps cannot be applied before the Authority has received a complete application under regulation 8A(1).

Regulations 7, 8 and 10 make amendments to regulations 10, 13 and 28 of the 2021 Regulations respectively, to align the periods to which they relate with scheme years instead of payment years.

Regulation 9 makes amendments to regulation 21 of the 2021 Regulations so that, where a tariff start date falls after 31 March 2028, periodic support payments are only payable until 31 March 2043.

Regulation 11 is a saving and transitional provision. It preserves the treatment of payment years beginning before 1 April 2027 and provides for how they are to be accounted for in relation to the reconciliation of payments process following the change to the relevant time period.

A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sectors is foreseen.

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