The Electric Vehicles (Smart Charge Points) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made using powers in the Automated and Electric Vehicles Act 2018 (c. 18). They prohibit certain types of electric vehicle charge point from being sold or offered for sale unless certain requirements set out in the Regulations are complied with.

Regulation 3 sets out which charge points the Regulations apply to. They apply to most charge points which are sold after 30th June 2022, although not to certain public charge points or to rapid charge points (charge points with a power of at least 50 kilowatts). The charge points which the Regulations apply to are called relevant charge points.

Regulations 5 to 12, and Schedule 1, set out certain requirements that relevant charge points must meet.

Regulation 5 requires relevant charge points to have smart functionality. This includes a requirement that the charge point is capable of communicating via an electronic communications network.

Regulation 6 requires that a relevant charge point must not be designed so that it loses its smart functionality if the owner changes their electricity supplier.

Regulation 7 requires that a relevant charge point must remain capable of charging a vehicle even if it is not connected to an electronic communications network.

Regulation 8 requires that a relevant charge point must not follow certain user inputs where this would create a safety risk.

Regulation 9 requires that a relevant charge point measures or calculates certain information about its electricity usage and requires that this information is viewable by the relevant charge point owner. It also requires that the relevant charge point is able to measure or calculate certain information about the rate of its electricity usage and to provide this information via an electronic communications network.

Regulation 10 requires that a relevant charge point incorporates default charging hours and that in most circumstances the charge point will only charge a vehicle during those hours.

Regulation 11 requires that, in most circumstances, a relevant charge point operates with a random delay of up to 10 minutes when it first starts charging. It also requires that a relevant charge point is capable of operating with a random delay of up to 30 minutes.

Regulation 12 refers to Schedule 1 which contains various security-related requirements. Regulation 4(2) provides that relevant charge points which are sold before 30th December 2022 are not required to comply with these requirements.

Regulations 13 and 14 set out other requirements that must be met when a charge point is sold.

Regulation 13 requires that a relevant charge point is sold with a statement of compliance confirming that the charge point complies with the Regulations. It also requires there to be a technical file, available to the buyer on request, which provides certain information about the design, manufacture and operation of the charge point.

Regulation 14 requires a seller to keep a register of the relevant charge points they have sold within the past ten years.

Regulation 15 provides for the Secretary of State to enforce the Regulations. For these purposes, the Secretary of State is referred to in the Regulations as the enforcement authority.

Regulation 15 also refers to Schedule 2 which makes further provision about enforcement. Part 1 of Schedule 2 provides the enforcement authority with various investigatory powers. These include powers to require the provision of information, powers of entry and powers to inspect certain items and information. Part 2 of Schedule 2 specifies the civil sanctions that can be imposed if a person sells a relevant charge point in breach of the Regulations. These consist of compliance notices requiring the person who has breached the Regulations to take certain steps and civil penalties. A civil penalty can also be imposed in certain circumstances if a person obstructs the enforcement authority when it is carrying out its duties. Part 3 of Schedule 2 allows the enforcement authority to accept undertakings from a person it believes has breached the Regulations. Part 4 of Schedule 2 requires the enforcement authority to publish information about action it has taken.

Regulation 17 provides for the Secretary of State to undertake a review of the regulatory provisions contained in these Regulations on a five-yearly basis.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Department for Transport, 33 Horseferry Road, London, SW1P 4DR and is published with an Explanatory Memorandum alongside this instrument on https://www.legislation.gov.uk/.