UK Statutory Instrument SI 2021 United Kingdom

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.

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
OPSS
Status
In Force
Penalty ceiling
Prosecution 1 of 20 obligations carry a criminal penalty. 1 carries different penalties and 18 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person9 Manufacturer6 Trader3

Plus 2 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Manufacturer — also bound by 502 other Acts
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Introduction

1 of 4 sections shown
s.004 Sale of charge points (opens in a new tab) Regulated
  • Ensure electric vehicle charge points meet smart and security standardsAny Person
3 other sections in this Part — procedural and definitional
s.001 Citation, commencement and extent
s.002 Interpretation
s.003 Application (opens in a new tab)
Part 2

Requirements in relation to charge points

9 of 10 sections shown
s.005 Smart functionality (opens in a new tab) Regulated
  • Ensure charge points have smart functionalityTrader
s.006 Electricity supplier interoperability (opens in a new tab) Regulated
  • Ensure charge points remain smart if the owner changes electricity supplierAny Person
s.007 Loss of communications network access (opens in a new tab) Regulated
  • Ensure charge points function without network accessAny Person
s.008 Safety (opens in a new tab) Regulated
  • Ensure smart charge points prevent unsafe user overridesTrader
s.009 Measuring system (opens in a new tab) Regulated
  • Configure electric vehicle charge points to measure and display usage dataManufacturer
s.010 Off-peak charging (opens in a new tab) Regulated
  • Configure electric vehicle charge points for off-peak chargingManufacturer
s.011 Randomised delay (opens in a new tab) Regulated
  • Configure electric vehicle charge points with a randomised delayManufacturer
s.013 Assurance (opens in a new tab) Regulated
  • Provide a statement of compliance and maintain a technical fileTrader
s.014 Register of sales (opens in a new tab) Regulated
  • Keep a 10-year register of electric vehicle charge point salesAny Person
1 other section in this Part — procedural and definitional
s.012 Security (opens in a new tab)
Part 3

General

1 of 3 sections shown
s.015 Enforcement (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must enforce smart charge point regulationsCrown / Minister / Government department
2 other sections in this Part — procedural and definitional
s.016 Service (opens in a new tab)
s.017 Review (opens in a new tab)
Schedules

Schedules

9 of 40 shown
s.002 Enforcement (opens in a new tab) Regulated
  • Comply with OPSS information noticesAny Person
s.sch001 General principles Regulated
  • Design and manufacture smart charge points with protection against harm, disruption, and data breachesManufacturer
s.sch001 Provision of information Regulated
  • Supply security, update and data-deletion information with charge pointsManufacturer
s.sch001 Protection against attack Regulated
  • Design charge points to resist physical attack and tamperingManufacturer
s.sch002 Information notice Regulated
  • Respond to information requests from the enforcement authorityAny Person
s.sch002 Civil penalties Regulated
  • Breach smart charge point regulations / fail to comply with compliance noticeAny Person
s.sch002 (1) The maximum amount of a civil penalty is— Prosecution
  • Breach of smart charge point requirementsAny Person

Fine up to £250,000

s.sch002 Discharge of an enforcement undertaking Regulated
Other duties (1) — Crown / regulator
  • Enforcement authority must issue certificate of compliance for enforcement undertakingsStatutory regulator
s.sch002 Obstruction of the enforcement authority and false statements Regulated
  • Do not obstruct the enforcement authority or provide false informationAny Person
31 other schedules
s.001 Security (opens in a new tab)
s.sch001 Security log
s.sch001 Passwords
s.sch001 Software
s.sch001 Sensitive security parameters
s.sch001 Secure communication
s.sch001 Data inputs
s.sch001 Ease of use
s.sch001 A relevant charge point must be configured so that—
s.sch002 Notice of intent
s.sch002 A person on whom a notice of intent is served...
s.sch002 Final notice
s.sch002 A final notice relating to a compliance notice must include...
s.sch002 A final notice relating to a civil penalty must include...
s.sch002 Appeals
s.sch002 (1) Any appeal under paragraph 17 must be made to...
s.sch002 Enforcement of penalty decision
s.sch002 Enforcement of information notice
s.sch002 Enforcement undertakings
s.sch002 Contents of an enforcement undertaking
s.sch002 Acceptance of an enforcement undertaking
s.sch002 Appeals
s.sch002 Inaccurate, incomplete or misleading information
s.sch002 Non-compliance with an enforcement undertaking
s.sch002 (1) The enforcement authority must from time to time publish—...
s.sch002 Power of entry without warrant
s.sch002 Power of entry with warrant
s.sch002 Powers of inspection etc
s.sch002 The enforcement authority may, for the purposes of ascertaining compliance...
s.sch002 Compensation for seizure and detention
s.sch002 Compliance notice

Help complying

Guvnor’s practical routes through this instrument.

EV Charging Infrastructure

Install EV chargepoints and access government grants.

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.