The Alternative Fuels Infrastructure Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement the requirements of Directive (2014/94/EU) of the European Parliament and of the Council of 22nd October 2014 establishing a common framework of measures for the deployment of alternative fuels infrastructure (“the Directive”). The purpose of the Directive is to minimise dependence on oil and to mitigate the environmental impact of transport.

Regulation 3 sets technical requirements for certain public alternative fuel infrastructure deployed or renewed after 17th November 2017. The requirements are specified in the Schedule to the Regulations. The regulation requires infrastructure operators to ensure that normal or high power recharging points for electric vehicles comply with the minimum technical standards for socket outlets or vehicle connectors. It also requires that refuelling points supplying hydrogen meet with a technical standard in relation to their connectors for motor vehicles.

Regulation 4 requires that, after 17th November 2017, a statutory harbour authority deploying or renewing a shore-side electricity supply installation for seagoing ships, must ensure that it complies with a technical standard for the design, installation and testing of such installations as specified in the Schedule.

Regulation 5 imposes an obligation on infrastructure operators to ensure that, after 17th November 2017, public recharging points comply with requirements for intelligent metering systems as set out in the Schedule. In addition, it requires that infrastructure operators must ensure their recharging points deployed after that date provide ad-hoc access for electric vehicle users. After 17th November 2018 ad-hoc access must be provided to all remaining public recharging points.

Regulation 6 requires that infrastructure operators ensure that after 17th November 2017, data indicating the geographic location of public recharging or refuelling points, when available, must be accessible to the public in an open and non-discriminatory basis.

Regulations 7 to 18 concern enforcement of the requirements in these Regulations. They provide for powers of entry for the purpose of investigating any potential breach of the Regulations. They also set out an enforcement regime including the service of a compliance notice requiring rectification of a breach and a civil penalty if the breach is not rectified within the time specified in the notice. They also provide for a process for objecting to any civil penalty and a right of appeal to the First-Tier Tribunal where the civil penalty is upheld or reduced following objection. They also deal with enforcement of any unpaid penalty and service of notices.

Regulation 19 provides for payment of the proceeds of civil penalties to the Consolidated Fund.

Regulation 20 requires the Secretary of State to review the operation and effect of these Regulations and publish a report by 9th October 2022 and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or amended. A further instrument would be needed to revoke or amend the Regulations.

All of the standards referred to in the Schedule are available to purchase from the British Standards Institute (www.bsigroup.com), 389 Chiswick High Road, London W4 4AL.

A full Impact Assessment has not been produced for this instrument as it is not expected to have significant impact on the public or voluntary sectors and only minimal impact on the private sector is foreseen. A Regulatory Triage Assessment of the effect that this instrument will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.