Operators of public charge points will need to make sure they comply with the new Public Charge Point Regulations. All public charge points will need to display their charges in pence per kilowatt hour very shortly. Other obligations (including the requirement to provide for contactless payment, 24/7 telephone helplines and 99% reliability for rapid chargepoints) will apply from 2024 or 2025 but charge point operators will need to start preparing now, as there are significant penalties for non-compliance.
Public Charge Point Regulations 2023 - What charge point operators need to know
The Public Charge Point Regulations 2023 (the Regulations) were made on 2 November 2023 and come into force on 24 November 2023.
The Regulations place various obligations on charge point operators, defined as the owner of a charge point or any person operating a charge point on behalf of the owner. The draft Guidance gives various examples of who would be classed as a charge point operator. It will normally be the person contractually responsible for the day to day operation and maintenance of the charge point.
The Regulations apply to public charge points, including those that may only be accessed during specific hours or are in a public car park, even if that car park is only available to customers (e.g. supermarket car parks). The Regulations do not apply to workplace or domestic charge points or those only available to certain occupations (such as taxi drivers).
Most obligations start to apply at least a year after the Regulations come into force, but the requirement to display the price of a charging session in pence per kilowatt hour will apply immediately.
We've prepared this handy table setting out which obligations apply to which type of chargepoint, and from when.
To view the table on smaller/mobile devices, please view the PDF version.
The Office for Product Safety and Standards (OPSS) will enforce the Regulations and has wide powers to request information and documents, and to enter and inspect premises and seize and detain relevant equipment.
If a charge point breaches the Regulations and that breach is not remedied, the operator can be liable for up to a £10,000 fine for each breach, per charge point (or per network for a breach of the reliability standards); so potentially a very significant fine.
What should I do now?
Contact one of us to discuss how you might need to adapt your contracts to deal with these new obligations.
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