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Automated and Electric Vehicles Act 2018

Status:

This is the original version (as it was originally enacted).

Requirements and prohibitions

10Public charging or refuelling points: access, standards and connection

(1)Regulations may impose requirements on operators of public charging or refuelling points in connection with—

(a)the method of payment or other way by which access to the use of public charging or refuelling points may be obtained;

(b)performance, maintenance and availability of public charging or refuelling points;

(c)the components of public charging or refuelling points that provide the means by which vehicles connect to such points (“connecting components”).

(2)Regulations under subsection (1)(a) may require operators—

(a)to provide a prescribed method of payment or verification for obtaining access to the use of public charging or refuelling points;

(b)to co-operate with each other for the purposes of a requirement imposed by the regulations (for example, by sharing facilities or information);

(c)to take prescribed steps for the purposes of such a requirement (for example, to provide information to a prescribed person).

(3)Regulations under subsection (1)(b) may, for example, require the operator of a public charging or refuelling point to ensure that the point complies with prescribed requirements (which may include technical specifications).

(4)Regulations under subsection (1)(c) may, for example, require the operator of a public charging or refuelling point to ensure that its connecting components comply with prescribed requirements (which may include technical specifications for connecting components or any related equipment).

11Large fuel retailers etc: provision of public charging or refuelling points

(1)Regulations may impose requirements on—

(a)large fuel retailers falling within a prescribed description, or

(b)service area operators falling within a prescribed description,

in connection with the provision on their premises of public charging or refuelling points.

(2)Regulations under subsection (1) may, for example—

(a)require large fuel retailers or service area operators to provide public charging or refuelling points;

(b)require public charging or refuelling points to be available for use at prescribed times;

(c)require services or facilities prescribed by the regulations to be provided in connection with public charging or refuelling points.

(3)In this section “large fuel retailer” and “service area operator” have the meaning given by regulations.

12Duty to consider making regulations under section 11(1)(a) on request by elected mayor

(1)The Secretary of State must consider making section 11(1)(a) regulations in relation to the whole or part of a relevant area if—

(a)the mayor for the relevant area makes a request for such regulations to be made,

(b)conditions 1 to 3 are met, and

(c)the Secretary of State considers that the mayor has complied with any prescribed requirements before making the request.

(2)“Section 11(1)(a) regulations” means regulations under section 11(1) that impose requirements on large fuel retailers within section 11(1)(a).

(3)Condition 1 is that the Secretary of State is satisfied that, before making the request, the mayor—

(a)published proposals for section 11(1)(a) regulations to be made in relation to the whole or part of the relevant area, and

(b)consulted—

(i)each local authority any part of whose area falls within the relevant area or, if the request relates to part of the relevant area, within that part,

(ii)persons who would be likely to be subject to requirements under the regulations (if made), and

(iii)such other persons as the mayor considers appropriate,

in relation to the published proposals.

(4)Condition 2 is that the mayor has given the Secretary of State a summary of the responses to the consultation referred to in subsection (3)(b).

(5)Condition 3 is that regulations have been made under section 11(3) in relation to the meaning of “large fuel retailer”.

(6)If the Secretary of State decides not to make section 11(1)(a) regulations in response to the mayor’s request, the Secretary of State must notify the mayor of the decision and the reasons for it.

(7)For the purposes of this section—

(a)“relevant area” means the area of a combined authority or Greater London;

(b)the mayor for a relevant area is—

(i)in the case of the area of a combined authority, the mayor for the area elected in accordance with section 107A(2) of the 2009 Act;

(ii)in the case of Greater London, the Mayor of London.

(8)In this section—

  • “the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;

  • “combined authority” means a combined authority established under section 103(1) of the 2009 Act;

  • “large fuel retailer” has the same meaning as in section 11;

  • “local authority” means—

    (a)

    a district council,

    (b)

    a county council, or

    (c)

    a London borough council.

13Information for users of public charging or refuelling points

(1)Regulations may require operators of public charging or refuelling points to make available prescribed information relating to such points.

(2)The information that may be prescribed under subsection (1) in relation to a public charging or refuelling point is such information as the Secretary of State considers likely to be useful to users or potential users of the point, for example information about—

(a)the location of the point and its operating hours,

(b)available charging or refuelling options,

(c)the cost of obtaining access to the use of the point,

(d)the method of payment or other way by which access to the use of the point may be obtained,

(e)means of connection to the point,

(f)whether the point is in working order, and

(g)whether the point is in use.

(3)The regulations may make provision—

(a)about when, how, to whom and in what form the information is to be made available;

(b)for the information to be made available without restrictions on its use and disclosure.

(4)The regulations may be made so as to have effect for a prescribed period.

14Transmission of data relating to charge points

(1)Regulations may make provision for the purpose of ensuring the ongoing transmission of charge point data to a prescribed person or to persons of a prescribed description.

(2)“Charge point data” means prescribed information relating to a charge point (which may include information about energy consumption and geographical information).

(3)Regulations under subsection (1) may impose requirements—

(a)on operators of charge points that are provided for use by members of the general public, and

(b)in relation to charge points that are not provided as mentioned in paragraph (a), on prescribed persons or persons of a prescribed description (subject to subsection (4)).

(4)Regulations under subsection (1) may not impose requirements on owners or occupiers of domestic premises.

(5)Regulations under subsection (1) may make provision about when, how and in what form charge point data is to be transmitted.

15Smart charge points

(1)Regulations may provide that a person must not sell or install a charge point unless it complies with prescribed requirements.

(2)The requirements that may be imposed under subsection (1) include requirements relating to the technical specifications for a charge point, including for example the ability of a charge point—

(a)to receive and process information provided by a prescribed person,

(b)to react to information of a kind mentioned in paragraph (a) (for example, by adjusting the rate of charging or discharging),

(c)to transmit information (including geographical information) to a prescribed person,

(d)to monitor and record energy consumption,

(e)to comply with requirements relating to security,

(f)to achieve energy efficiency, and

(g)to be accessed remotely.

(3)Regulations under subsection (1) may also prescribe requirements to be met in relation to the sale or installation of a charge point.

(4)In this section—

(a)“sell” includes let on hire, lend or give;

(b)references to a prescribed person include references to—

(i)a person of a prescribed description, and

(ii)a device operated by one or more prescribed persons.

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