The Electric Vehicles (Smart
Charge Points) Regulations 2021
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.
