Guidance for sellers.
Applies to England, Scotland and Wales
Electric vehicle charge points sold in Great Britain for private (domestic or workplace) use are being regulated to help manage the increase in electricity demand from the transition to electric vehicles.
The regulations ensure charge points have smart functionality, allowing the charging of an electric vehicle when there is less demand on the grid, or when more renewable electricity is available. The regulations also ensure that charge points meet certain device-level requirements, enabling a minimum level of access, security and information for consumers.
The Electric Vehicles (Smart Charge Points) Regulations 2021 is the underpinning legislation.
What is covered
The regulations cover:
- electric vehicle private charge points which are sold for use in a domestic or workplace environment in Great Britain
- smart cables (defined as an electrical cable which is a charge point and is able to send and receive information)
The regulations do not apply to private charge points which are:
- sold in Northern Ireland
- sold before 30 June 2022
- not intended for use within Great Britain at any time
- sold by individuals outside of the purposes of their trade, business, craft or profession (for example, second-hand sales made between private individuals)
- non-smart cables or rapid charge points
- intended for use as public charge points (but these may be subject to the requirements of the Alternative Fuels Infrastructure Regulations 2017)
Extent of obligation
The regulations come into force on 30 June 2022, apart from the security requirements set out in Schedule 1 of the regulations, which come into force on 30 December 2022.
The regulations apply to any person or business selling, offering, or advertising a charge point for sale. Following the definition in the Automated and Electric Vehicles Act 2018, a sale includes the act of hiring, lending, leasing or giving a charge point from one party to another. The regulations also apply to exchanges under warranty if the exchange is made after 30 June 2022.
How to comply
The regulations state that charge points sold for the intended private charging of vehicles must meet certain device-level requirements, which include:
- smart functionality, including the ability to send and receive information, the ability to respond to signals to increase the rate or time at which electricity flows through the charge point, demand side response services and a user interface
- electricity supplier interoperability, allowing the charge point to retain smart functionality even if the owner switches electricity supplier
- continued charging even if the charge point ceases to be connected to a communications network
- safety provisions, preventing the user carrying out an operation which could risk the health or safety of a person
- a measuring system, to measure or calculate the electricity imported or exported and the time the charging lasts, with visibility to the owner of this information
- security requirements consistent with the existing cyber security standard ETSI EN 303 645
Charge points must also:
- incorporate pre-set, off peak, default charging hours and allow the owner to accept, remove or change these upon first use and subsequently
- allow for a randomised delay function
A full outline of device-level requirements can be found in the regulations.
Assurance that the charge point is compliant must be made available through provision of a statement of compliance and technical file, and a record of all sales for 10 years from the date at which the legislation comes into force.
Where a business brings its non-compliance with the regulations to the attention of OPSS, it may propose an Enforcement Undertaking. This is a commitment to take specific actions within a specific timeframe in order to address the non-compliance. It will be reviewed by OPSS and if agreed, accepted. The following form can be used to make an Enforcement Undertaking:
The role of the Office for Product Safety and Standards (OPSS)
OPSS is the enforcement authority responsible for ensuring compliance with the regulations, on behalf of the Department for Business, Energy and Industrial Strategy and the Office for Zero Emission Vehicles.
Where to find out more
If you have a specific enquiry about compliance or wish to contact us regarding suspected non-compliance we recommend that you complete the online enquiry form, choose the relevant legislation and follow the on screen instructions.
Alternatively you can contact our helpdesk on 0121 345 1201.