The Electric Vehicles (Smart Charge Points) Regulations 2021

PART 1Introduction

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Electric Vehicles (Smart Charge Points) Regulations 2021 and come into force on 30th June 2022.

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

Interpretation

2.  In these Regulations—

“civil sanction” means a compliance notice or a civil penalty imposed pursuant to Schedule 2;

“communications network” means an electronic communications network, being a transmission system for the conveyance, by the use of electrical, magnetic or electro-magnetic energy, of signals of any description;

“cyber-attack” means exploitation of a relevant charge point’s smart functionality or of a communications network to cause harm or disruption;

“demand side response services” means—

wholly or primarily for the benefit of the electricity system;

“DSR agreement” means an agreement pursuant to which the owner of a relevant charge point has agreed that the relevant charge point will provide demand side response services;

“electric vehicle” means a vehicle that is capable of being propelled by electrical power derived from a storage battery;

“enforcement authority” means the Secretary of State;

“owner” means—

“personal data” has the meaning given in article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)(2) as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018(3);

“relevant charge point” means a charge point to which these Regulations apply in accordance with regulation 3;

“relevant product” means a charge point or any charge point component or part;

“response DSR services” means demand side response services where the provision of such services is directly controlled by a person other than the owner, or another end-user, of the relevant charge point, and that control is effected by the person sending signals or other information to the charge point via a communications network;

“smart functionality” has the meaning given by regulation 5(2);

“statement of compliance” has the meaning given by regulation 13(2);

“workplace charge point” has the meaning given by regulation 3(3).

Application

3.—(1) Subject to paragraph (2), these Regulations apply to charge points(4) which are intended to be used for charging cars, vans or both of them, other than—

(a)non-smart cables;

(b)public charge points;

(c)rapid charge points.

(2) These Regulations do not apply to—

(a)the sale of a charge point before 30th June 2022;

(b)the sale of a charge point which is to be exported outside of Great Britain and which is not intended for use within Great Britain at any time; or

(c)the sale of a charge point by an individual acting for purposes that are outside that individual’s trade, business, craft or profession.

(3) In this regulation—

(a)“car” means a vehicle in category M₁ as defined in Regulation (EU) 2018/858(5);

(b)“non-smart cable” means an electrical cable which is a charge point but which is not able to send and receive information;

(c)“public charge point” means a charge point, other than a workplace charge point, which is intended for use primarily by members of the general public including charge points situated in public car parks, whether or not those car parks are available only to consumers of specific goods or services;

(d)“rapid charge point” means a charge point that allows for a transfer of electricity to an electric vehicle with a power of not less than 50 kilowatts;

(e)“Regulation (EU) 2018/858” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC(6) as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(f)“van” means a vehicle in category N₁ as defined in Regulation (EU) 2018/858(7); and

(g)“workplace charge point” means a charge point which is intended for use by persons engaged in specific occupations or by persons whilst at their place of employment (including visitors to the place of employment).

Sale of charge points

4.—(1) Subject to paragraph (2), a person must not sell, or offer or advertise for sale, a relevant charge point unless—

(a)the relevant charge point complies with the requirements in regulations 5 to 11 of, and paragraphs 1 to 10 of Schedule 1 to, these Regulations; and

(b)the requirements in relation to the sale of a relevant charge point in regulations 13 and 14 of, and paragraph 11 of Schedule 1 to, these Regulations are complied with.

(2) The requirements in Schedule 1 to these Regulations do not need to be complied with in respect of a relevant charge point which is sold before 30th December 2022.

PART 2Requirements in relation to charge points

Smart functionality

5.—(1) A relevant charge point must have smart functionality.

(2) A relevant charge point has smart functionality if—

(a)it is able to send and receive information via a communications network;

(b)it is able to respond to signals or other information received by it by—

(i)increasing or decreasing the rate of electricity flowing through the charge point;

(ii)changing the time at which electricity flows through the charge point;

(c)it is capable of using the functionality referred to in sub-paragraphs (a) and (b) to provide demand side response services, including response DSR services; and

(d)at least one user interface, which enables the charge point to be operated in accordance with these Regulations, is incorporated in the charge point or otherwise made available to the owner.

Electricity supplier interoperability

6.  A relevant charge point must not be configured so that it will cease to have smart functionality if the owner changes their electricity supplier.

Loss of communications network access

7.  A relevant charge point must be configured so that, in the event that it ceases to be connected to a communications network, it remains capable of charging an electric vehicle.

Safety

8.—(1) A relevant charge point must be configured so that it will not allow a relevant person to carry out a specified operation where to do so would or may result in a risk to the health or safety of persons.

(2) In this regulation—

(a)“relevant person” means the owner, or an end-user of the relevant charge point who is not the owner;

(b)“specified operation” means—

(i)overriding, in accordance with regulation 10(3)(a), the default mode of charging during the default charging hours;

(ii)overriding, in accordance with regulation 10(3)(b), the provision of demand side response services;

(iii)overriding, in accordance with regulation 11(2)(a), the random delay referred to in regulation 11(1)(b).

Measuring system

9.—(1) A relevant charge point must be configured so that on each occasion it is used, it measures or calculates—

(a)the electricity it has imported or exported (as the case may be), such measurement or calculation to be in watt-hours or kilowatt-hours; and

(b)the amount of time for which it is importing or exporting electricity.

(2) A relevant charge point must be configured in a way which enables the owner of the relevant charge point to view the information referred to in paragraph (1) by reference to—

(a)any occasion on which it was used to import or export electricity within the preceding 12 months;

(b)any month within the preceding 12 months;

(c)the entirety of the preceding 12 month period.

(3) A relevant charge point must be configured so that it is able—

(a)on each occasion it is used, to measure or calculate every one second the electrical power it has imported or exported (as the case may be), such measurement or calculation to be in watts or kilowatts; and

(b)to provide the information referred to in sub-paragraph (a) via a communications network.

(4) A relevant charge point must be configured so that—

(a)a figure measured or calculated in accordance with paragraph (1) or (3) above is accurate to within 10% of the actual figure; and

(b)any inaccuracies are not systematic. For the purposes of this regulation, an inaccuracy is systematic if, as a consequence of the design or manufacture of the relevant charge point, it is consistent or predictable.

Off-peak charging

10.—(1) Subject to paragraph (2), a relevant charge point must be configured so that—

(a)it incorporates pre-set default charging hours which are outside of peak hours;

(b)when it is first used, the owner is given the opportunity to—

(i)accept the pre-set default charging hours;

(ii)remove the pre-set default charging hours; or

(iii)set different default charging hours;

(c)at any time after it is first used, the owner is able to—

(i)change or remove the default charging hours if these are in effect;

(ii)set default charging hours if none are in effect.

(2) The requirements in paragraph (1) do not apply where—

(a)the relevant charge point is sold with a DSR agreement;

(b)the relevant charge point is configured to comply with the requirements of the DSR agreement; and

(c)details of the DSR agreement are included in the statement of compliance in accordance with the requirements of paragraph (2)(b) of regulation 13.

(3) A relevant charge point must be configured—

(a)to charge a vehicle during the default charging hours (if any), save that the owner of the relevant charge point must be able to override the default mode of charging during the default charging hours; and

(b)so that the owner of the relevant charge point is able to override the provision of demand side response services.

(4) In this regulation—

(a)“default charging hours” means a default period during which the relevant charge point charges a vehicle regardless of what time the vehicle is first connected to it;

(b)“peak hours” means 8am to 11am on weekdays and 4pm to 10pm on weekdays.

Randomised delay

11.—(1) A relevant charge point must be configured so that—

(a)it is capable of operating, at each relevant time, with a delay of up to 1800 seconds, such delay to be of a random duration which is determined, to the nearest second, at each such relevant time; and

(b)the maximum duration of the delay referred to in paragraph (2)(a) can be increased or decreased remotely via a communications network.

(2) A relevant charge point must be configured so that—

(a)subject to paragraphs (2)(b) and (3), at each relevant time it operates with a delay of up to 600 seconds, such delay to be of a random duration which is determined, to the nearest second, at each such relevant time;

(b)at each relevant time, the owner of the relevant charge point is able to cancel the delay referred to in sub-paragraph (a) above.

(3) A relevant charge point must be configured so that the delay referred to in paragraph (2)(a) above will not operate where—

(a)the owner, or an end-user of the relevant charge point who is not the owner, has overridden it;

(b)an equivalent random delay has already been applied to the operation of the relevant charge point in respect of the relevant time; or

(c)it is providing response DSR services at the relevant time.

(4) In this regulation “relevant time” means the point at which, but for the delay referred to in paragraph (2)(a)—

(a)electricity would start flowing through the relevant charge point for the purpose of charging a vehicle; or

(b)the rate of electricity flowing through the relevant charge point would be increased or decreased.

Security

12.  Schedule 1 has effect.

Assurance

13.—(1) When a relevant charge point is sold, it must be accompanied by a statement of compliance.

(2) A statement of compliance means a document which—

(a)identifies the relevant charge point by reference to its model or type;

(b)contains statements that the relevant charge point complies with these Regulations and that the seller is responsible for ensuring that the relevant charge point complies with these Regulations;

(c)includes the name and address of the seller; and

(d)is signed by or on behalf of the seller and dated.

(3) There must be a technical file in respect of a relevant charge point.

(4) Where a person to whom a relevant charge point is sold requests a copy of the technical file, that person must be supplied with a copy of that file.

(5) In this regulation, a technical file means documentation which makes it possible to assess the relevant charge point’s compliance with these Regulations and which meets the requirements set out in paragraph (6).

(6) The documentation in the technical file must—

(a)address the design, manufacture and operation of the relevant charge point;

(b)include a general description of the relevant charge point and a copy of the operating manual in respect of it;

(c)include, subject to paragraph (7), written descriptions in plain English of the solutions adopted to meet the requirements of regulations 5 to 11 of, and paragraphs 1 to 10 of Schedule 1 to, these Regulations;

(d)include written descriptions and explanations in plain English in respect of any diagrams or drawings used in the documentation;

(e)include copies of any test reports that have been completed in respect of the relevant charge point and that are deemed relevant to proving compliance with these Regulations;

(f)include details of the version of the software operating on the relevant charge point at the time of sale; and

(g)be up-to-date at the time of sale.

(7) Where, by virtue of regulation 4(2), a relevant charge point does not comply with the requirements in paragraphs 1 to 10 of Schedule 1 to these Regulations, the written descriptions referred to in paragraph (6)(c) do not need to refer to those requirements.

Register of sales

14.  A person must keep a register of any relevant charge point which the person has sold within the past ten years.

PART 3General

Enforcement

15.—(1) These Regulations must be enforced by the Secretary of State.

(2) Schedule 2 has effect.

Service

16.—(1) Any document served under these Regulations must be in writing and will be validly served on a person if—

(a)it is delivered to that person at their proper address;

(b)it is sent to that person’s proper address by first class post, recorded delivery or prepaid registered post;

(c)it is sent by electronic means to that person’s proper address.

(2) In the case of a body corporate, a document may be served on a director of that body.

(3) In the case of a partnership, a document may be served on a partner or a person having control or management of the partnership business.

(4) For the purposes of this regulation, “proper address” means—

(a)in the case of a body corporate or its director—

(i)the registered or principal office of that body; or

(ii)the email address of the secretary or clerk of that body;

(b)in the case of a partnership or a partner or person having control or management of the partnership business—

(i)the principal office of the partnership; or

(ii)the email address of a partner or person having that control or management;

(c)in any other case, a person’s last known address, which address may be an email address.

(5) In this regulation, “partnership” includes a Scottish partnership.

(6) Service is deemed to have been given—

(a)in the case of notifications given under paragraph (1)(a), on the first working day after the day on which the document is delivered;

(b)in the case of notifications given under paragraph (1)(b), on the second working day after the day on which the document is sent;

(c)in the case of notifications given under paragraph (1)(c), on the first working day after the day on which the document is sent.

Review

17.—(1) The Secretary of State must from time to time—

(a)carry out a review of the regulatory provision contained in these Regulations; and

(b)publish a report setting out the conclusions of the review.

(2) The first report must be published before the end of the period of five years beginning with the date on which these Regulations come into force.

(3) Subsequent reports must be published at intervals not exceeding five years.