Compatibility with the European Convention on Human Rights Part 2: Electric vehicles: Charging Smart charge points
Section 15 confers power on the Secretary of State to make regulations which require infrastructure installed for the purposes of charging electric vehicles to have 'smart' functionality that enables them to receive, understand and respond to signals sent by energy system participants (e.g. DNOs, energy companies, the National Grid as TSO or other third parties) for the purposes of balancing energy supply and demand. This will require operators to modify their product to ensure "smart" functionality. This may constitute an interference with operators’ A1P1 rights.
	Electric vehicles may be plugged in for long periods and therefore hold potential to "smart charge"- not only receiving the necessary amount of electricity required by the user within the time required, but providing balancing services to the electricity system. This could involve reducing or increasing the rate of charge to help balance the electricity system’s frequency, or timing charging to take advantage of off-peak periods. These functions may benefit a range of parties, including consumers, energy suppliers and network operators. Many of these functions have commercial value which could be transferred to consumers through lower energy bills.
	The infrastructure installed at the present time is likely to last for many years, and if it does not contain the technical capability to communicate and control charging, it will not be possible for any third party to exercise control over the charging pattern, hampering the development of commercial offerings for this service, and risking significant network reinforcement and additional generation capacity for the United Kingdom to meet additional peak demand. Furthermore, by developing the requirements under this Section, the provision of smart charging infrastructure may itself aid the development of ‘Time of Use’ tariffs, whereby the cost of energy can change throughout the day depending on demand and generation, providing a base of customers to provide services to the grid. By ensuring that electric vehicle charging has the technical capability to be responsive to network and system needs, the United Kingdom will have the necessary tools to manage electric vehicle load risks, and encourage the market for smart tariffs or other consumer propositions.
	Accordingly, any interference with A1P1 rights would be a proportionate means of achieving these aims.