Draft  Regulations  laid before  Parliament  under  section  18(4)  of the Automated  and Electric  
Vehicles  Act 2018 , for approval  by resolution  of each  House  of Parliament.  
DR A F T  S T A T U T O R Y  I N S T R U M E N T S  
2021 No. 
ROAD  TRAFF IC 
The Electric  Vehicles  (Smart  Charge  Points) Regulations  2021  
Made  - - - - *** 
Coming  into force  - - *** 
CONTENTS  
PART  1 
Introduction  
 
1. Citation,  commencement  and extent  2 
2. Interpretation  2 
3. Applic ation  3 
4. Sale of charge  points  4 
 
PART  2 
Requirem ents in relation  to charge  points  
 
5. Smar t functionality  4 
6. Electricity  supplie r interoperability  4 
7. Loss  of communications  netw ork access  5 
8. Safety  5 
9. Measuring  system  5 
10. Off-peak  charging  5 
11. Randomised  delay  6 
12. Security  7 
13. Assurance  7 
14. Register  of sales  7 
 
PART  3 
General  
 
15. Enforcement  7 
16. Service  8 
17. Review  8  2  
 SCHEDULE  1 — Security  9 
 SCHEDUL E 2 — Enforcement  12 
 Part 1 — Investigatory  powers  12 
 PAR T 2 — Civil  sanctions  15 
 PART  3 — Enforcement  undertaki ngs 19 
 PART  4 — Publication  of enforceme nt action  20 
The Secretary  of State,  in exercise  of the powers  conferred  by sections  15, 16, 17 and 18 of the 
Automated  and Electr ic Vehicles  Act 2018  (a) (“the  2018 Act”),  makes  the following  Regulations.  
In accordance  with section  18(4)  of the 2018  Act, a draft of this instrument  has been  laid before  
Parliament  and approved  by a resolution  of each House  of Parliament.  
The Secretary  of State  has consulted  such persons as the Secretary  of State  considered  appropriate  
in accordance  with section  18(3)  of the 2018  Act before  making  these  Regulations.  
PART  1 
Introduction  
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 [30 May 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 conv eyance,  by the use of electri cal, 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 — 
(a) increasin g or decreasing  the rate of electr icity flowing  through  a charge  point; or 
(b) changing  the time at which  electricity  flows  through  the charge  point  
wholly  or primarily  for the benefit  of the electricity  system ; 
“DSR  agree ment” means an agreement  pursuant to which the owner  of a relevant  charg e point  
has agreed  that the relevant charge  point  will provid e demand  side response  services;  
“electric  vehicle ” means  a vehicle  that is capable  of being  propelled  by electrical  power  
derived  from  a storage  batter y; 
“enforcement  authority”  means  the Secreta ry of State ; 
 
(a) 2018 c . 18.  3 “owner”  means — 
(a) in the case of a workplace  charge  point, the person  to whom  a relevant  charge  point  is 
sold(a) and who makes  the relevant  charge  point  available  for use as a workpla ce charg e 
point ; 
(b) in all other cases,  the end-user to whom  a relevant  charge  point  is sold; 
“personal  data”  has the mean ing given  in article 4 of Regulatio n (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  Direc tive 95/46/EC  (General  Data  Protect ion Regulation) (b) as it forms part of the 
law of England  and Wales,  Scotland  and Norther n Ireland by virtue  of section  3 of the 
European  Union  (Withdrawal)  Act 2018(c); 
“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  comp onent or part; 
“response  DSR  services ” means  demand  side respons e service s where the provision  of such 
services  is directly  controlled  by a person other  than the owner , or another  end-user, of the 
relev ant charge  point , and that control  is effect ed by the person sending  signals  or other  
informati on to the charge  point  via a communication s 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). 
Applic ation  
3.—(1) Subject  to paragraph  (2), these Regulations  apply to charge  points (d) 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  Regula tions  do not apply  to— 
(a) the sale of a charge  point  before  [30 May 2022 ]; 
(b) the sale of 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 indivi dual acting  for purposes  that are wholly  or primarily  
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;  
(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  includin g charge  points 
situated  in publi c 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 ; 
 
(a) The meaning of “sell” is set out in the Automated an d Electrical Ve hicles Act 2018 c.18, section 1 5. 
(b) OJ L 119 4.5.2016,  p. 1 
(c) 2018 c. 16. Secti on 3 was amended by section 25 (2) of the European  Union (Withdrawal Agreemen t) Act 2 020 (c. 1). 
(d) The meaning of “ charge point ” is set out in the Automated and Electrical Vehicles Act 2018 c. 18, section 9.  4 (e) Regulation  (EU)  2018/8 58 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 (a) as it forms  part of the law of 
England  and Wales,  Scotland  and Northern  Ireland by virtue  of section  3 of the Europea n 
Union  (Withdraw al) Act 2018 ; 
(f) “van”  means  a vehicle  in category  N1 as defined  in Regulation  (EU)  2018/858 ; 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) . 
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 – 11 of, and 
paragraphs  1 – 10 of Schedule  1 to, these  Regulations ; and 
(b) the require ments  in relation  to the sale of a relevant  charge  point  in regulations  13 and 14 
of, and paragraph  11 of Sched ule 1 to, these  Regulations  are complied  with. 
(2) The requirements  in Schedule  1 to these  Regulations  do not need  to be comp lied with in 
respect  of a relevant  charge  point  which  is sold before  [30 Novemb er 2022 ]. 
PART  2 
Requirem ents in relation  to charge  points  
Smar t functionality  
5.—(1) A relevant  charge point must  have  smart  functionality.  
(2) A relevant  charge  point  has smar t functionality  if— 
(a) it is able to send and receive information , including  via a communicat ions netw ork; 
(b) it is able to respond  to signals  or other  information  received  by it by— 
(i) increa sing 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 Regulat ions, is incorporated  in the charge  point or otherwise  made  available  to 
the owner.  
Electricity  supplie r interoperability  
6. A relevant  charg e point  must  not be configure d so that it will cease  to have  smart  
functionality  if the owner  changes  their electrici ty supplier . 
 
(a) OJ L 151, 14.6.20 18, p. 1–218  5 Loss  of communications  netw ork 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 safety  and health  
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 owne r; 
(b) “specified  operation ” means — 
(i) overrid ing, in accordance  with regul ation  10(3)(a), the default  mode of charging  
during the default  charging  hours; 
(ii) overrid ing, in accordance  with regulati on 10(3)(b), the provision  of demand  side 
response  services ; 
(iii) overridi ng, in accordance  with regulation  11(2)( a), the random  delay  referred to in 
regulation  11(1)(b) . 
Measuring  system  
9.—(1) A relevan t 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 measure ment  or 
calculation  to be in watt-hours  or kilowatt -hours ; and 
(b) the amount  of time for which  it is importin g or exportin g electri city. 
(2) A relevant  charge  point  must  be configured  in a way which enables  the owner  of the 
relevant  charge  point  to view  the infor mation  referred  to in paragra ph (1) by reference  to— 
(a) any occasi on on which it was used to import or export electricity  within the preceding  12 
months;  
(b) any mont h within  the preceding  12 months; 
(c) the entirety  of the prece ding 12 month  period.  
(3) A relevant  charge  point  must  be configured  so that it is able— 
(a) to measur e or calculate , every  one second,  the electr ical power  it has impor ted or 
exported  (as the case may be), such measurement  or calcu lation to be in watts  or 
kilowatts;  and 
(b) to provide  the information  referred to in sub-paragraph  (a) via a communications  
netwo rk. 
(4) A relevant  charge  point  must  be configur ed so that— 
(a) a figur e measure d 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 . 
Off-peak  charging  
10.—(1)Subject  to paragraph  (2), a relevant  charge point  must be confi gured  so that— 
(a) it incorporate s 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 ;  6 (ii) remove  the pre-set default  charging  hours ; or 
(iii) set differ ent default  charging  hours.  
(c) at any time after it is first used, the owne r 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 requirement s of the DSR  
agreem ent; and 
(c) details  of the DSR  agreement  are included  in the statement  of compliance  in accordance  
with the requirements  of paragraph  (2)(b)  of regulati on 13. 
(3) A relevant  charge  point  must  be configured — 
(a) to charge  a vehicle  during  the defau lt charging  hours  (if any), save that the owner  of the 
relevant  charge  point  must  be able to override  the default  mode  of chargin g during the 
default  chargin g 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 releva nt charge  point  
charges  a vehicle  regardless of what time the vehicl e is first conne cted to it; 
(b) “peak  hours”  means  8am – 11am on weekday s and 4pm – 10pm  on weekdays . 
 
Randomised  delay  
11.—(1) A relevant  charge  point  must  be configured  so that— 
(a) it is capable  of operating , at each relevan t time,  with a random delay  of up to 1800  
seconds;  
(b) subject  to paragraph  (2), at each relevant  time it operates  with a random  delay  of up to 
600 seconds,  determined  to the nearest  second ; 
(c) the maximum  duration  of the random  delay  referred  to in sub-paragraph  (b) above  can be 
increased  or decreased  remotely  via a communica tions  network ; and 
(d) at each relevant  time,  the owne r of the charge  point  is able to override  the random  delay  
referred  to in sub-paragraph  (b) above . 
(2) A relevant  charge  point  must  be configure d so that the rando m delay  referred  to in 
paragraph  (1)(b)  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  
charg e point  in respect  of the relevant  time;  or 
(c) it is providing  response  DSR  servi ces in respect  of the relevant time. 
(3) In this regulation , “relevant  time”  means  the point  at which , but for the delay referred to in 
paragraph  (1)(b) — 
(a) electricity  would  start flowi ng through  the relevant  charge  point  for the purpose  of 
charging  a vehicle ; or 
(b) the rate of electricity flowin g through  the relevant  charge point  would  be increased  or 
decreased .  7 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) include s 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  this, that person  must be 
supplied  with a copy  of the technical  file. 
(5) In this regulation , a technical  file means  documentation  which  makes it possible  to asses s 
the relevant  charge  point’s  compliance  with these  Regulations  and which  meets  the requireme nts 
set out in paragraph  (6). 
(6) The documentation  in the technical  file must— 
(a) addres s the design,  manufactur e and operation  of the releva nt charge  point ; 
(b) include  a general  description  of the relevant  charge  point  and a copy  of the opera ting 
manual  in respect  of it; 
(c) include , subject  to paragraph  (7), written  descriptions  in plain English  of the solutions  
adopted  to meet  the requireme nts of regulations  5-11 of, and paragraphs  1 – 10 of 
Schedule  1 to, these  Regu lations ; 
(d) include  written  descriptions  and explanations  in plain  English  in respect of any diagrams  
or draw ings used in the documentat ion; 
(e) include  copies  of any test reports  that have  been comp leted  in respect  of the relevant  
charge  point  and that are deeme d relevant  to proving  complia nce with these  Regulations ; 
(f) include  details  of the version of the software  operati ng 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 – 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 [five] years . 
PART  3 
General  
Enforcement  
15.—(1) These Regulations  must be enforced  by the Secretary  of State.   8 (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  addre ss; 
(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 docume nt may be served  on a director  of that body. 
(3) In the case of a partne rship,  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 corpora te 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 partnershi p; 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  shall  be deemed  to have been  given — 
(a) in the case of notifications  given  under  paragra ph (1)(a),  on the first working  day after the 
day on whic h the document  is delivered;  
(b) in the case of notifications  given  under  paragra ph (1)(b),  on the second  working  day after 
the day on whic h the document  is sent;  
(c) in the case of notifications  given  under  paragra ph (1)(c) , on the first working  day after the 
day on whic h 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 publish ed before  the end of the period  of five years  beginning  with 
the date on which  these  Regula tions  come  into force for any purpose.  
(3) Subsequent  reports  must  be published  at intervals  not exceeding  five years.  
 
Signed by autho rity of the Secretary  of State 
 
 Name  
 Parliament ary Under  Secretary  of State  
[Date ] Depart ment for Transpo rt 
 
  9  SCHEDULE  1 Regulati on 12 
Security  
General  principle s 
1. A relevant  charge  point  must  be designed,  manufactured  and config ured to provide  
appropriate  protection — 
(a) against  the risk of harm  to, or disruption  of, the electricity system; 
(b) against  the risk of harm  to, or disruption  of, the relevant  charge  point;  
(c) for the personal  data of the owner  and any other  end-user of the releva nt charge  point . 
Passwords  
2.—(1) A relevant  charg e point  must  be configured so that wher e passwor ds are used on it— 
(a) the password  is uniqu e to that relevant  charge  point  and not derived  from , or based  on, 
public ly-avail able information , or is set by the owner;  and 
(b) the password  cannot  be reset to a defaul t password  applying  to both that relevan t charge  
point  and other  charge  points.  
Software 
3.—(1) A releva nt charge  point  must  incorporate  software  which  is able to be securely  updated . 
(2) In sub-paragraph  (1), securely  updated  means  updat ed using  adequate  crypt ograph ic 
meas ures to prote ct again st a cybe r-attack . 
(3) A relevant  charge  point  must  be configure d so that— 
(a) it checks , when  it is first set-up by the owner,  and periodically  thereafter,  whether  there  
are securit y updates  available  for it; 
(b) it verifies  the authenticity  and integrit y of each prospective  software  update  by reference  
to both the data’s  origin and its contents  and only applies  the update  if the authenticity  
and integrity  of the softwar e have  been  valid ated; 
(c) by default, it provides  notification s to the owner  abou t prospe ctive  software updates;  
(d) the owner  can implement  software  updates  without  undue  difficulty.  
(4) A relevant  charge  point  must  configured  so that— 
(a) it verifies,  via secure  boot mechanisms,  that its software  has not been  altered other  than in 
accordance  with a software  upda te which has been  validated  in accordance  with sub-
paragraph  (3)(b) above;  
(b) if an unauthorised  change  to the software  is detected,  it notifies  the owner  and does not 
connect  to a communicatio ns network  other  than for the purpo ses of this notificati on. 
Sensi tive security  parameters  
4.—(1) A relevant  charge point  must  be configured  so that— 
(a) where  security  credentials  are stored  on the relevant  charg e point,  these  are protect ed 
using  robust security  meas ures; 
(b) its software  does not use hard-coded security  credentials . 
(2) In this paragraph — 
(a) “hard-coded”  means  data forming  part of the relevant  charge  point’s  source  code  and 
whic h is unalterable  except  by means of modification  of the source  code;  10 (b) “security credentia ls” means ways  of verifying  that the relevant  charge  point  is being  
used or accessed  by a person  properly  authorised  to do so. 
Secure  communication  
5. A relevant  charge  point must  be config ured so that communications  sent from  it are 
encrypted.  
Data inputs  
6.—(1) A relevant  charge point  must  be configured  so that— 
(a) data inputs  are verified  so that the type and format  of the data is consistent  with that 
expected  for the function  to which the data relates; 
(b) if such data cannot  be verifie d, it is discarded or ignor ed by the relev ant charge point  in a 
safe manner . 
(2) The data inputs  referred  to in sub-paragraph  (1) include  data that is inputted  via a user 
interface , an application  programming  interface  or a communicat ions network.  
Ease of use 
7.—(1) A relevant  charge  point  must  be configured  so as to minimise  the inputs  required  from 
the owner  in connection  with the set-up and operation  of the charge point.  
(2) A relevant  charge  point  must  be configured  so that any personal data can be deleted from  it 
by the owner  witho ut undue difficulty.  
Protection  against  attack  
8.—(1) A relevant  charge  point  must  be designed  and manufactured  to provide  an adequate  level  
of protection  against physi cal damage  to the charge  point.  
(2) In particular, a relevant  charge  point must incorporate  a tamper -protection  boundary  to 
protect  the internal  components  of the charge  point.  
(3) A relevant  charge  point  must  be designed  and manufactured  to provide  an adequate  level of 
protection — 
(a) for its user interfaces; and 
(b) against  use or attempted use of the relevant  charge  point  other  than through  the user 
interfaces.  
9. A relevant  charge  point  must  be configured  so that— 
(a) if there  is an attempt  (whether  or not successful)  to breach  the tamper -protection  
boundary , it notifies  the owner; 
(b) its software runs with only the minimum  level  of access  privileges  required  for it to 
deliver  its functionality;  
(c) any logical  or network  interfaces  that are not required  for the normal  operation  of the 
relevant  charge  point , or otherwise  to comply  with the requir ements  in these  Regulations,  
are disabled; 
(d) software  services  are not available  to the owner  unless  necessary  for the relevant  charge 
point to operate;  
(e) any hardware  interfaces  that are used for the purposes  of testing  or deve lopmen t, but not 
otherwi se durin g the operation  of the relevant  charge point,  are not exposed . 
Security  log 
10.—(1) A relevant  charge point must  incorporate  a security log.  11 (2) In this paragraph,  “security  log” means  an electronic  record  on the relevant  charge  point  of 
event s relevant  to the security  of the relevant  charge  point  includi ng attempts  (whether  or not 
successful)  to— 
(a) breach  the tamper-protect ion boundary;  
(b) tamper with the relevant  charg e point;  or 
(c) gain unauthorised  access  to the relevant  charge  point.  
(3) Entries in the security  log must  record,  by reference  to Coordinated  Univers al Time , the 
time and date on which  the event  occurr ed. 
Provision  of inform ation 
11.—(1) The information  specified  by sub-paragraphs  (2) – (4) must  be supplied  with a relevant  
charge  point  when  it is sold.  
(2) The information  must  specify  how the owner  can report  concerns  or problems  identified  
regarding  the security  of the relevant  charge  point,  including  regarding  its vulnerabilit y to a 
cyber -attack . In particular,  the information  must  provide  contact  details  to which  such concerns  
or problems  can be reported . 
(3) The information  must  specify  the period,  if any, for which softwar e updates  will be 
provided  by or on behalf  of the relevant  charge  point  manuf acturer. 
(4) The informatio n must — 
(a) provide  guidance  on how to set up the relevant  charge  point  with adeq uate securit y 
protection ; 
(b) inclu de instructions  on how to delete personal  data from  the relevant  charge  point. 
  12  SCHEDUL E 2 Regulation  15 
Enforcement  
Part 1 
Investigatory  powers  
Informatio n notice  
1.—(1) The enforcement  authority  may serve a notice  (an “information  notice”)  on a person  
requestin g such information  or documents  as the enforcement  authority  considers  necessa ry to 
enable  it to monitor that person’s , or another  person’s,  compliance  with these  Regul ations.  
(2) An information  notice  must — 
(a) be in writing,  
(b) set out the information  or documents  required,  
(c) specify  the date by which the information  or docum ents must  be provi ded, 
(d) specify  the person, and the address,  to which  the information  or documents  must  be 
provided.  
(3) A person  served  with an informati on notice  must  comp ly with its requirements  by the date 
referred  to in paragra ph (2)(c).  
Enforcement  of information  notice  
2.—(1) If a person  fails to comply  with a notice  served  under  paragraph  1, the enforcement  
authority  may make  an applicati on under  this parag raph to the court . 
(2) If it appears to the court  that the person has failed to comply  with the notice,  it may make  
an order  under this paragraph.  
(3) An order  under  this paragraph  is an order  requiring  the person  to do anything  that the court  
thinks  it is reasona ble for the person to do, for any of the purposes for which the notice  was 
given,  to ensure  that the notice  is complied  with. 
(4) An order  under  this parag raph may require  the person  to meet  the costs  or expenses  of the 
applicati on. 
(5) If the person  is a company,  partnership  or unincorpora ted association,  the court  in acting  
under  sub-paragraph  (4) may require  an official  who is responsible for the failure to meet the 
costs  or expenses.  
(6) In this paragraph — 
(a) “official”  means — 
(i) in the case of a compa ny, a director,  manager, secretar y or other  similar officer;  
(ii) in the case of a limited  liability  partnership,  a member;  
(iii) in the case of a partne rship other  than a limited  liability  partnership,  a partner ; and 
(iv) in the case of an unincorporated  association,  a person  who is concer ned in the 
management  or control of its affairs. 
(b) “the court ” means — 
(i) in relatio n to England  and Wales , the High  Court  or the coun ty court ; 
(ii) in relation  to Scotland,  the Court  of Session  or the sheri ff.  13 Power  of entry  without  warrant  
3.—(1) The enforcement  authority  may enter premise s (other  than premises  used wholly  or 
mainly  as a private  dwelling)  or land,  at reasonable  hours  for the purposes of ascer taining  whether  
there has been  a breach  of these  Regulations . 
(2) Before  the enforcement  author ity exercises  the power  of entry in sub-paragraph  (1) the 
enforcement  authorit y must  serve  on the occupier  of the premises  or land a notice  (an “inspec tion 
notice”).  
(3) An inspection  notice must — 
(a) be in writing,  
(b) be served  on the occupier  of the premises  or land at least two working  days before  the 
proposed  date of entry ; 
(c) specify  the proposed  date of entry; 
(d) set out the reason for which entry  is required ; 
(e) summarise  the enforc ement  autho rity’s powers  of seizure  and detention  of any relevant  
products  or records  or other  information  under  paragraph  5; and 
(f) explain  that compens ation  may be payable  for damage  caused in seizing  and removing  
any relevant  produc ts or records  or other  information  and must  give the address to whic h 
an application  for compensation  should  be directed . 
(4) The require ment  in sub-paragraph  (2) does not apply  where — 
(a) the enforcement  authority  reasonab ly suspects  a breach  of these  Regulations ; or 
(b) reasonably  consider s that to give notice  in accordance  with sub-paragraph  (2) would  
defeat  the purpose  of the entry. 
(5) If the enforcement  authority  enters  premises  in the circumstances  referred  to in sub-
paragraph (4) and finds one or more  occupie rs on the prem ises, the enforc ement  authority  must  
provide  to the occup ier, or (if there  is more  than one) to at least one of them,  a document  that— 
(a) is in writing;  
(b) meets the requirements  of sub-paragraph s (3)(d)  – (3)(f); and 
(c) where  applicable,  indicates  the nature  of the alleg ed breach  of these  Regulation s. 
(6) The enforcement  authority  must  produce  suitable  identification  to the occupier  of the 
premises  or land,  or (if there  is more  than one) to at least one of them , when requested  to do so 
by them.  
(7) The enforcement  authorit y, when  entering  any premises  by virtue of this paragraph , may be 
accompanied  by such persons  and take such equipment  as appear  to the enforcement  authority  to 
be necessary.  
Power of entry with  warrant 
4.—(1) If a justice  is satisfied  by any written  information  on oath— 
(a) that there  are reasonabl e ground s for believing  either — 
(i) that any releva nt products  or records  or other  information , which  the enforcement  
authority  has power  under paragraph 5 to inspec t, copy,  seize  or require  to be 
produc ed, is or are on any premises  and that the inspecti on, copying,  seizure  or 
produ ction  of that item is likely to disclose  evidence  of a breach  of regulation  4; or 
(ii) that there  has been, or is about to be, a breach  of regulation  4; and 
(b) either— 
(i) that admission  to the premises  has been  or is likely  to be refused  and that notice of 
intention  to apply  for a warrant  under this paragraph  has been  given  to the occupier;  
or  14 (ii) that an application  for admission  or the giving of such a notice,  would  defea t the 
object  of the entry  or that the premises  are unoccupied  or that the occupier  is 
temporarily  absent and it might  defeat  the object  of the entry  to await  the occupier’s  
return,  
the justice  may by warrant  unde r the justice’s hand, whic h continues  in force for a period  of one 
month,  author ise the enforcement  authority  to enter  the premise s, if need  be by force.  
(2) On entering  any premises  by authority  of a warrant  under  sub-paragraph  (1), the 
enforcement  authority  must  give to the occupier  or (if there  is more  than one) to at least one of 
them,  or, if the occupier  is temp orarily  absent, leave  in a prominent  place  on the premises,  or an 
appropriate  part of the premises,  a notice  in writing — 
(a) summarising  the enforcement  autho rity’s powers  of seizure  and detention  of any relevant  
products  or records  or other information  under  paragraph  5; 
(b) explaining  that compensation  may be payable  for damage  caused  in entering  premises  
and seizing  and removing  any relevant  products  or records  or other informatio n and 
giving  the address  to which  an application  for compe nsati on should  be directe d. 
(3) The enfor cement  authority , when  entering  any premises  by virtue  of this paragraph , may be 
accompanied  by such persons  and take such equipment  as appear  to the enforcement  authority  to 
be necessary.  
(4) The enforc ement  authority , when leaving any premises  which the enforcement  authority  
entered  by virtue  of a warran t, must,  if the premises  are unoccupied  or the occupier  is 
temporarily  absent,  leave  them  in as secure a state as that in which  they were  found.  
(5) In this paragraph,  “justice ” mean s— 
(a) in England  and Wales, a justice of the peace;  and 
(b) in Scotland,  a sheriff  or summary  sheriff.  
Powers  of inspection  etc 
5.—(1) The enforcement  authority  exercising  the power  of entry  under  paragraph  3 or paragra ph 
4 may— 
(a) inspect  the premises  and land; 
(b) require any occupier  of the premises  or land,  to produce  relev ant products  or records  or 
any other  information,  in whatever  form it is held, together  with an explanation  of such 
records  or information  within  such period as the enforce ment  authority  consid ers 
reasonabl e; 
(c) inspe ct any relevant  products  or records  or any other  information,  in whatever  form  it is 
held; 
(d) if the enforcement  authority  has reasonab le grounds  for believing  that there  has been  a 
breach  of these  Regulations,  seize  and detain  relevant  produ cts or records or any other  
information,  in whatever  form  it is held, for the purposes  of ascertaining  whether  there  
has been  such a breach; 
(e) take photogra phs, copies  or measu rements ; 
(f) require  any person  on the premises  to provide  such other  assistance  as the enforcemen t 
authority  reasonably  considers  necessary . 
(2) The enforcem ent authority  must — 
(a) provide  the occupier  of the premises  or land with a written  record  of any items  which  are 
seized and removed;  and 
(b) retain  seized items  for no longer than absolutely  necessary.  
(3) Any object  or document  which  is inspected  or seized  should,  so far as possible,  be retained  
in its original  condition.   15 6. The enforcement  authority  may, for the purposes  of ascert aining  compliance  with these 
regulations — 
(a) make  a purchase  of a charge  point; 
(b) enter  into an agree ment  to secure the provision  of a charge  point ; 
(c) require  a person  to provide  access  to embedded  software  in a charge  point  insofar as the 
enforcement  authority  consi ders that such access  is necessary  for the purpose  of assessing  
such compliance . 
Compensation  for seizure  and detentio n 
7.—(1) Where  the enforcement  authority  exercises  any power  under  paragraph  5(1)( d) to seize 
and detain  any relevant products  or recor ds or other information , the enforc ement  authority  is 
liable  to pay compensation  to any person  having  an intere st in the item seized  and detained  in 
respect  of any loss or damage  caused  by the exercise  of the power if— 
(a) there has been  no breach  of any provi sion of these Regulations;  and 
(b) the exercise  of the power  is not attributable  to any neglect  or default  by that person.  
(2) Any disputed  question  as to the right to, or the amount  of, any compensation  payable  under 
this paragraph  must be determined  by arbitrati on— 
(a) in England  and Wales , in accord ance with the Arbitration  Act 1996 (a); 
(b) in Scotland,  in accordance  with the Arbitrat ion (Scotland)  Act 2010 (b). 
Obstruction  of the enforcement  authority  and false  statement s 
8.—(1) A person  must  not— 
(a) intentionall y obstruc t the enforcement  authority  when  acting in pursuance of any 
provision  of these  Regulations;  
(b) intentionally  fail to compl y with any requir ement  properly  made  by the enforcement  
authority  unde r any provision  of these Regulations;  or 
(c) without  reasonable  cause,  fail to give the enforcement  author ity any other assis tance  or 
information  which  the enforceme nt authority  may reasonably  require  of that person  for 
the purposes  of the exercise  of the enforceme nt authority ’s functions  under  any provision  
of these  Regulations.  
(2) A person must  not, in giving  any informati on which is requi red of that person  by virtue  of 
paragraph  (1)(c)— 
(a) make  any statement  which  the person  knows  is false  in a materia l particular ; or 
(b) recklessly  make  a statement  which  is false  in a materi al particular.  
PAR T 2 
Civil  sanctions  
Compl iance  notice  
9.—(1) Where  the enforcement  authority  considers  that a person  has breached  regulation  4, the 
enfor cement  autho rity may serve a compliance  notic e on the person  considered  to be in breach 
requiring  the person  to take such steps as the enforcement  authorit y conside rs approp riate in 
relation  to the breach . 
 
(a) 1996 c. 23 . 
(b) 2010 asp 1.   16 (2) Without  limiting  the generality  of sub-paragraph  (1) above,  the requiremen ts that may be 
impose d in a compliance  notice  include  those  referred  to in sub-paragraphs  (3) and (4). 
(3) Where  the enforcement  author ity consi ders that a person  has sold one or more  relevant  
charge  points  which  do not comply  with the requirements  of these  Regulations,  a complian ce 
notice  may include  a requirement  to take such steps  as the enforcement  authori ty may speci fy to 
secure  that such relevant  charge points  are recalled  from end-users.  
(4) Where  the enforcement  authority  considers  that a person  is offering  or advertising  for sale 
one or more  relevant  charge  points  which  do not comp ly with the requirements  of these 
Regulation s, a comp liance  notice may include  a requirement  to secure  that such relevant  charge  
points  are withd rawn from  the market . 
Civil  penalt ies 
10.—(1) Where  a person  does not comply  with a compliance  notice  served  under  paragraph  9, 
the enforc ement  authority  may require  that person  to pay a civil penalty.  
(2) Where  the enforcement  authority  consi ders that there has been  a breach of— 
(a) regulation  4; or 
(b) paragraph  8 of this Schedule  2, 
the enforcement  authorit y may require  the person  in breach to pay a civil penalty. 
(3) The enforcement  authority  may not require  a person  to pay a civil penalty  pursuant  to sub-
paragrap h (1) or (2) if the authority is satisfied  on the balance  of probabilities  that there was a 
reasona ble excuse  for the non-complian ce or the breach. 
(4) The enforceme nt authority  may requi re a person  to pay a civil penalty  pursuant  to 
paragraph  (2)(a) without  first serving  a complia nce notice  under  paragraph  9 if it considers  it 
appropriate  to do so. 
11.—(1) The maximum  amount  of a civil penal ty is— 
(a) £10,000  for each relevan t charge  point  in respect  of which  there  has been  a breach  of 
Regulation  4; 
(b) £250,000  for a breach of paragraph  8 of this Schedul e 2. 
(2) Before  requiring  a person to pay a civil penalty  pursuant  to paragraph  10, the enforcement  
authority  may require  the person to provide such information  as is reasona ble in connection  with 
determining  the appropriate  amount of the civil penalty within  such period  as is reasonab le. 
(3) The civil penalty  is payable  into the Consolidated  Fund . 
Notice  of intent  
12.—(1) Subjec t to sub-paragraph  (3), where the enforcement  authority  proposes  to impose  a 
civil sanct ion on a person,  it must serve on that person a notice  of what is proposed  (a “notice  of 
intent”).  
(2) The notice  of intent  must  include — 
(a) the grounds  for the propo sed civil sanction; 
(b) the requirements  of the notice  and, in the case of a civil penalty,  the amoun t to be paid;  
and 
(c) information  as to the right to make  repre sentations  and objections  within  28 days 
beginning  with the day on which  the notice of intent  was received. 
(3) The requir ement  to serve a notice  of intent does not apply  where — 
(a) the proposed  civil sanction is a compliance  notice;  and 
(b) the enforcement  authority  reasonably  consid ers that, in conseq uence  of one or both of the 
matters  referre d to in sub-paragraph  (4), it is appropriate  to serve a final notice  pursuant  
to paragraph  14(5) without  first servin g a notice  of intent .  17 (4) The matters  referred  to in paragraph  (3) are– 
(a) a risk of harm  to, or disruption  of, the electricity  system ; 
(b) a risk to public  health  or safety. 
13. A person on whom  a notice  of intent  is served may within  28 days beginning  with the day on 
which the notice  was received  make written  representations  and objections  to the enforcement  
authority  in relation  to the proposed  impositi on of a civil sanction . 
Final notice  
14.—(1) The provisions  of sub-paragraph s (2) – (4) apply  where  a notice of intent  has been  
served  pursuant  to paragraph  12. 
(2) After  the end of the period  for making  representation s and objections,  the enforcement  
authority  must decide  whethe r to impose  the requirements  in the notice  of intent,  with or without  
modificati ons. 
(3) Where the enforcem ent authority  decides  to impose  a requiremen t, it must  serve  a notice  on 
the person (the “final notice”).  
(4) The final notice  must — 
(a) be in writing;  
(b) be dated; 
(c) include  information  as to whether  the requirements  in the notice  of intent  are being 
imposed  with or without  modifications;  
(d) if the requirem ents in the notice of intent  are being  imposed  with modifications,  include  
the groun ds for this; 
(e) comply  with paragraph  15 or 16. 
(5) Where, pursuant  to paragraph  12(3),  the enforcement  authority  decides to impose  a civil 
sanction  on a person  without  serving  a notice  of intent on that person , it must serve  a final notice  
which — 
(a) is in writing;  
(b) is dated; 
(c) complies with paragraph  15 or 16. 
15.—(1) A final notice  relating  to a compliance  notice must  include  inform ation  as to— 
(a) the grounds  for imposing  the notice ; 
(b) the steps  required  to be taken  in relation  to the breach;  
(c) the date by which  the steps must  be taken , which  must  be not less than 28 days from  the 
date of the final notice ; 
(d) rights  of appeal ; and 
(e) the conseque nces of failing to comply  with the notice. 
16.—(1) A final notice  relating  to a civil penal ty must  include information  as to— 
(a) the ground s for imposi ng the pena lty; 
(b) the amount  to be paid; 
(c) how payment  may be made;  
(d) the period  within  which  payment  must be made  which  must  be not less than 28 days from  
the date of the final notice ; 
(e) rights  of appeal;  and 
(f) the consequences  of failing  to comply  with the notice.   18 Appeals  
17.—(1) The person  receiv ing the final notice  may appeal  against  it. 
(2) The grounds  for appeal  are— 
(a) that the decision was based  on an error  of fact; 
(b) that the decision  was wron g in law; 
(c) in the case of a civil penalty,  that the amount  of the civil penalty  is unreasonab le; 
(d) in the case of a non-monetary  requirement,  that the nature  of the requirement  is 
unreasona ble; 
(e) that the decision  was unreasonable  for any other  reason;  
(f) that the decision  was wrong  for any other  reason.  
18.—(1) Any appeal  under paragrap h 17 must  be made  to the First-tier Tribunal.  
(2) An appeal  must be brought  within  28 days of the date on which  the final notice is recei ved. 
(3) Any compliance  notices  are suspended  pending  the appeal.  
(4) The Tribunal  may, in relation  to the impo sition  of a complian ce notice — 
(a) withdr aw the compliance  notice;  
(b) confirm  the compliance  notice;  
(c) vary the compliance  notice; 
(d) take such steps  as the enforceme nt authority  could  take in relation to the act or omission  
giving rise to the compliance  notice;  
(e) remit the decision wheth er to confirm the compliance  notice,  or any matter  relatin g to that 
decision,  to the enforcemen t authority.  
(5) The Tribunal  may, in relati on to the imposition  of a civil penal ty— 
(a) allow  the appeal  and cancel  the civil penalty;  
(b) allow  the appeal  and reduce  the civil pena lty; or 
(c) dismiss  the appeal.  
(6) An appeal — 
(a) is to be a re-hearing  of the enforcement  author ity’s decision  to impose  a civil sanctio n; 
and 
(b) may be determined  having  regar d to matters  of which  the enforcement  authority  was 
unaware.  
(7) Paragraph  (6)(a) has effect despite any provision  of rules  of court.  
Enforcement  of penalty  decision  
19.—(1) This paragraph  applies where  a sum is payable  to the enforceme nt authority  as a civil 
penalty  pursuant  to these  Regulations.  
(2) In England  and Wales, the civil pena lty is recoverable  as if it were  payable  under  an order  
of the county  court  in England  and Wales. 
(3) In Scotland,  the civil penal ty may be enforced  in the same  manner  as an extract  registered  
decree  arbitral bearing  a warrant  of execution  issued  by the sherif f court  of any sheriffdom  in 
Scotland.  
(4) Where  actio n is taken  under  this paragraph  for the recovery  of a sum paya ble as a civil 
penalty  pursuant  to these  Regulat ions,  the civil penalty  is, in relati on to England  and Wales , to be  19 treated for the purpose s of sectio n 98 of the Courts  Act 2003( a) (register  of judgments  and orders  
etc.) as if it were a judgement  entere d in the coun ty court.  
PART  3 
Enforcement  undertaki ngs 
Enforcement  undertaki ngs 
20. The enforcement  authority  may accept  a written underta king (an “enforcem ent undertaking”)  
given  by a person  to the enforcement  authority  to take such action as may be specifie d in the 
unde rtaking  within  such period  as may be specified  where  the enforc ement  author ity has 
reasonable  grounds to suspec t that the person  has breache d regulation  4. 
Contents  of an enforcement  undertaking  
21.—(1) An enforcement  undertak ing must  specify— 
(a) action  to be taken  by the person  to secure  that the breach  does not continue  or recur;  
(b) action  to secure  that the position is, so far as possible,  restored  to what  it would  have  been 
if the breach  had not been  committed; or 
(c) action  (includi ng the paymen t of a sum of money)  to be taken by the person  to benefit  any 
person  affect ed by the breach . 
(2) An enforcement  undertaking  must specify the period within  which  the action  must  be 
complete d. 
(3) An enforcement  undertaking  must include— 
(a) a statement  that the underta king is made  in accordance  with this Schedule  2; 
(b) the terms  of the undertaki ng; 
(c) information  as to how and when  a person  is conside red to have  discharged  the 
undertaking.  
(4) The enforcement  undertaking  may be varied,  or the period within  which  the action  must  be 
completed  may be extended,  if both parties  agree  in writing.  
Acceptance  of an enforcement  undert aking  
22. If the enforcemen t autho rity has accepted  an enforcement  undertaking  then,  unless the 
person  from  whom  the under taking is accepted  has failed to comply  with the undertaking  or any 
part of it, the enforcement  author ity may not impose  on that person  a civil sancti on in respe ct of 
the act or omission  to which  the undertaking  relates.  
Discharge  of an enforcement  underta king 
23.—(1) If the enforcement  authority  is satisfie d that an enforcement  undertakin g has been  
complied  with it must  issue a certifi cate to that effec t. 
(2) The enforcement  authority  may require  the person  who has given  the undertaking  to 
provide sufficient  informatio n to determin e that the undertaking  has been compli ed with.  
(3) The person  who gave the unde rtaking  may at any time apply  for such a certif icate. 
 
(a) 2003 c. 39; section 98  has been amended by sections 48 (1) a nd 106(2) of, an d paragraph 55( 1), (2), (3)(a) and (b ) of 
Schedul e 8 and paragraph  15 of Sch edule 16 to, the  Tribunals, Courts and Enforcement Act 2 007 (c. 15 ) and se ction 17(5) 
of, and paragraph 4 0(a) and (c) of Part 2 of S chedule 9 to, the  Crime and  Cour ts Act 2013 (c. 22). Further am endments 
made by the T ribunals, Co urts and Enforcem ent Act 20 07 have yet to be br ought into force.   20 (4) The enforce ment  authority  must  decide  whether  to issue  such a certificate,  and give written 
notice  of the decision  to the appli cant,  within  14 days of such an applic ation.  
Appeals  
24.—(1) A person  to whom  a notice  is given pursuant  to paragraph  23(4) may appeal  against  a 
decision  not to issue  a certificate  on the grounds  that the decision — 
(a) was based  on an error  of fact; 
(b) was wrong  in law; 
(c) was unfair or unreasonable;  
(d) was wrong  for any other reason.  
(2) An appeal  under sub-paragr aph (1) must be made to the First-tier Tribunal.  
(3) An appeal  must  be brough t within  two months  of the date on which written  notice  of the 
decision  is received.  
(4) The Tribunal  may,  in relation to the decision  referred to in sub-paragraph  (1)— 
(a) confi rm the decisi on; 
(b) vary the decis ion; or 
(c) remit the decision,  or any matter  relating  to it, to the enforcement  authority.  
Inaccurate,  incomplete  or misleading  information  
25.—(1) A person  who has given  inacc urate,  misle ading  or incomplete  information  in relation  to 
an enforcement  undertaking  is regarded  as not having  complied  with it. 
(2) The enforcement  authorit y may by notice  in writing  revoke  a certificate  issued  under  
paragraph  23 if it was issued  on the basis of inaccur ate, incomplete  or misleading  inform ation.  
Non-complia nce with  an enforcement  undertaking  
26.—(1) If a person  does not comply  with an enforcement  under taking  the enforcement  
authority  may in the case of a breach  of regulation  4 impose  a civil sanction.  
(2) If a person has compli ed partly  but not fully with an enforcement  undertaking,  that partial  
compliance  must  be taken  into accoun t in connection  with the imposition  of a civil sanction  on 
the person.  
PART  4 
Publication  of enforceme nt action  
27.—(1) The enforceme nt authorit y must  from  time to time publish — 
(a) the cases  in which  civil sanctions  have  been  imposed;  and 
(b) cases in which  an enforcemen t undertaking  has been  entered  into. 
(2) In sub-paragra ph (1)(a)  the reference  to cases  in which civil sanctions  have been  impos ed 
does not includ e cases  where the sanction  has been  imposed  but overturn ed on appeal.  
(3) This paragraph  does not apply  in cases  where  the enforcem ent authority  considers  that 
publicati on would  be inappropriate . 
 
 
  21 EXPLANA TORY  NOTE  
(This  note is not part of the Order)  
These  Regulations  are made  using  powers  in the Automated  and Electric  Vehicles  Act 2018.  They  
prohibit certain  types  of electric  vehicle  charge  point  from  being  sold or offered  for sale unless  
certain require ments  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 [30 May 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. 
Regul ations 5 – 12, and Schedule  1, set out certain  requirements  that relevant  charge points  must  
meet.  
Regulation  5 requires  relevant  charge points  to have smar t funct ionality.  This includes  a 
requirement  that the charge  point is capable  of commun icating  via an electronic  communications  
network.  
Regulation  6 requires  that a relev ant charge  point  must  not be designed  so that it loses its smart 
functionality  if the owner  changes  their electricity  supplier.  
Regulation  7 require s that a relevant  charge  point  must  remain  capable  of charg ing a vehicle  even  
if it is not connected  to an electronic  communications  network. 
Regulation  8 requires  that a relev ant 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  certai n 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 electric ity usage  and to provide  this information  via an electronic  
communicati ons network.  
Regul ation  10 requires  that a relev ant charge  point  incorporate  default  charg ing hours  and that in 
most circumstan ces the charge  point  will only charge  a vehicle  during  those hours.  
Regulation  11 requires  that, in most circumsta nces,  a relev ant charge  point  operates  with a random  
delay  of up to 10 minutes  when  it first starts  charging.  It also requires  that a relev ant charge point  
is capable  of operating  with a random  delay of up to 30 minutes. 
Regulation  12 refers to Schedule  1 which  contains  various  secur ity-related requirements.  Relevant  
charge  points  which  are sold before  [30 Novemb er 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 relevan t charge  point  is sold with a statement  of compliance  
confirmin g that the charge point  complies  with the regulations . It also requires  there  to be a 
techni cal file, available  to the buyer  on request, which provid es certain  information  about  the 
design,  manufacture  and operation  of the charge  point . 
Regulation  14 requi res a seller  to keep  a register  of the relevant  charge  points  they have  sold 
within  the past [five] 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 Regulati ons as the enforcement  authority.  
Regulation  15 also refers to Schedule  2 which  makes  further  provision  about  enforce ment . Part 1 
of Schedule  2 provides  the enforcement  authority  with various investigatory  powers . These  
includes  powers  to require  the provi sion of informati on, powers  of entry and powers  to inspect 
certain  items  and information.  Part 2 of Schedule  2 specifies the civil sanctions  that can be  22 imposed  if a person  sells a relev ant charge point  in breach  of the Regulations.  These  consist  of 
compli ance notices  requiring  the perso n who has breach ed the Regulations  to take certain  steps  
and civil penalties.  A civil penalty  can also be impos ed 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  authorit y to accept  undertakings  from  a person  it believes  has breac hed the 
regulati ons. Part 4 of Sche dule 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  Regula tions  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 Depar tment  for Transport,  33 
Horseferry  Road,  London,  SW1P  4DR  and is published  with an Explanat ory Memorandum  
alongside  this instrument  on https://www.legislation. gov.uk/ .