The Alternative Fuels Infrastructure Regulations 2017
| Jurisdiction | UK Non-devolved |
| Citation | SI 2017/897 |
| Year | 2017 |
2017 No. 897
Energy
The Alternative Fuels Infrastructure Regulations 2017
Made 7th September 2017
Laid before Parliament 11th September 2017
Coming into force 9th October 2017
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721.
The Secretary of State is a Minister designated2for the purpose of that section in relation to energy and energy sources.
Citation and commencement
1. These Regulations may be cited as the Alternative Fuels Infrastructure Regulations 2017 and come into force on 9th October 2017.
Interpretation
2.—(1) In these Regulations —
“alternative fuel”3means fuel or power sources which serve, at least partly, as a substitute for fossil oil sources in the energy supply to transport and which have the potential to contribute to its decarbonisation and enhance the environmental performance of the transport sector and includes—
(a) electricity;
(b) hydrogen;
(c) liquid or gaseous biofuels derived from biomass4;
(d) synthetic and paraffinic fuels;
(e) natural gas, including biomethane in gaseous form (compressed natural gas) and liquefied form (liquefied natural gas (LNG)); and
(f) liquefied petroleum gas;
“electric vehicle” means a motor vehicle equipped with a powertrain containing at least one non-peripheral electric machine as energy convertor with an electric rechargeable energy storage system, which can be recharged externally;
“enforcement authority” means the Secretary of State or, if a person has been authorised by the Secretary of State in accordance with regulation 7, that person;
“high power recharging point” means a recharging point that allows for a transfer of electricity to an electric vehicle with a power of more than 22kW;
“infrastructure operator” means the person responsible for operating a recharging point or refuelling point, whether as owner or on behalf of a third party;
“intelligent metering system” means an electronic system that can measure energy consumption, providing more information than a conventional meter and can transmit and receive data using a form of electronic communication5;
“normal power recharging point” means a recharging point accessible to the public that allows for a transfer of electricity to an electric vehicle with a power less than or equal to 22kW, excluding devices—
(a) with a power less than or equal to 3.7kW, or
(b) the primary purpose of which is not recharging vehicles;
“recharging point” means an interface which is accessible to the public and is capable of charging one electric vehicle at a time, or exchanging a battery of one electric vehicle at a time;
“refuelling point” means a refuelling facility which is accessible to the public for the provision of any alternative fuel, excluding LNG, through a fixed or mobile installation;
“renewed” in respect of a recharging point, refuelling point or shore-side electricity supply installation means the restoration or upgrade of the item’s operating capacity, excluding—
(a) work to replace or repair a single internal component or part as a result of wear and tear or the end of its operational life, or
(b) work to carry out repairs to the external structure (including connector sockets) without replacing that structure;
“shore-side electricity supply installation” means the provision of shore-side electrical power through a standardised interface to seagoing ships at berth falling within the scope of the technical specification in paragraph 4 of the Schedule; and
“statutory harbour authority” means—
(a) in relation to Great Britain, a harbour authority within the meaning of the Harbours Act 19646; and
(b) in relation to Northern Ireland, a harbour authority within the meaning of the Harbours Act (Northern Ireland) 19707.
(2) A recharging or refuelling point is accessible to the public if it is—
(a)
(a) intended for use by members of the general public (including those situated in public car parks, whether or not those car parks are available only to consumers of specific goods or services); and
(b)
(b) not intended for—
(i) exclusive use in respect of a vehicle produced by a specific manufacturer;
(ii) use by persons engaged in specific occupations;
(iii) use by persons whilst at their place of employment (including visitors); or
(iv) exclusive use by occupiers of, or visitors to, residential premises.
Standards for recharging and refuelling points and hydrogen supply in road transport
3.—(1) Subject to paragraph (4), after 17th November 2017, where any of the infrastructure referred to in paragraph (2) is deployed or renewed the infrastructure operator must ensure that it complies with the technical specifications set out in the relevant paragraph of the Schedule specified in paragraph (3).
(2) The infrastructure referred to in paragraph (1) is—
(a)
(a) a normal power recharging point;
(b)
(b) a high power recharging point; and
(c)
(c) a refuelling point supplying hydrogen.
(3) The relevant paragraphs of the Schedule are—
(a)
(a) for a normal power recharging point, paragraph 1;
(b)
(b) for a high power recharging point, paragraph 2; and
(c)
(c) for a refuelling point supplying hydrogen, paragraph 3.
(4) With respect to the infrastructure referred to in paragraphs (2)(a) and (2)(b), the requirements referred to in paragraphs (3)(a) and (3)(b) do not apply to wireless or inductive units.
(5) The technical specifications referred to in paragraphs 1 and 2 of the Schedule are minimum standards.
Shore-side electricity for seagoing ships
4. A statutory harbour authority which operates a shore-side electricity supply installation for seagoing ships which is deployed or renewed after 17th November 2017 must ensure that the installation complies with the requirements set out in paragraph 4 of the Schedule.
Recharging points: intelligent metering and ad-hoc access
5.—(1) After 17th November 2017, an infrastructure operator must ensure that all recharging points for which that operator is responsible incorporate intelligent metering systems which comply with the requirements specified in paragraph 5 of the Schedule.
(2) An infrastructure operator must provide to any person ad-hoc access to—
(a)
(a) all recharging points deployed after 17th November 2017; and
(b)
(b) all recharging points deployed on or before 17th November 2017, no later than 18th November 2018.
(3) In this regulation—
“ad-hoc access” means the ability for any person to recharge an electric vehicle without entering into a pre-existing contract with an electricity supplier to, or infrastructure operator of, that recharging point.
Data Accessibility
6. After 17th November 2017 an infrastructure operator must make accessible to the public, on an open and non-discriminatory basis, data which is available to the infrastructure operator about the geographic location of recharging or refuelling points operated by that infrastructure operator.
Duty to enforce
7.—(1) These Regulations must be enforced by the Secretary of State.
(2) The Secretary of State may authorise in writing any person who appears suitable to act on the Secretary of State’s behalf to—
(a)
(a) carry out any functions under these Regulations, other than those in regulation 20; and
(b)
(b) exercise any of the powers provided by these Regulations.
Power of entry without warrant
8.—(1) Subject to paragraph (2), the enforcement authority may enter premises (other than premises used wholly or mainly as a private dwelling) or land at reasonable hours for the purpose of investigating whether there has been a breach of any of the requirements of these Regulations.
(2) Before the enforcement authority exercises the power of entry in paragraph (1) the enforcement authority must serve on the occupier of the premises or land a written notice.
(3) A notice under paragraph (2) must—
(a)
(a) be served on the occupier of the premises or land at least two working days before the proposed date of entry;
(b)
(b) set out the reason for which entry is required; and
(c)
(c) specify the proposed date of entry.
(4) When requested, suitable identification and authorisation must be produced to the occupier of the premises or land by the enforcement authority.
Power of inspection, testing & removal
9.—(1) The enforcement authority may in exercise of the power of entry under regulation 8—
(a)
(a) inspect the premises or land and any recharging point or refuelling point or shore-side electricity supply installation, as well as related plant or machinery situated on those premises or land;
(b)
(b) require any person on the premises or land to produce documents, records or any other information, in whatever form it is held, within such period as the enforcement authority considers reasonable;
(c)
(c) seize any documents, records or any other information, in whatever form it is held, any component or part of any infrastructure, plant or machinery to carry out tests on them on the premises or land or seize them and retain them to carry out tests on them elsewhere; and
(d)
(d) take photographs or measurements.
(2) The enforcement authority must—
(a)
(a) provide the occupier of the premises or land with a written record of the items which are seized and removed; and
(b)
(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.
Power of entry with warrant
10.—(1) A justice of the peace may, by signed warrant, permit the enforcement authority to enter any premises or land, if necessary by reasonable force, if the...
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