Energy Act 2023

239 Energy smart regulations

(1) The Secretary of State may by regulations make provision about energy smart appliances that are—

(a) capable of being used in connection with any of the purposes specified in subsection (2), or

(b) charge points (for electric vehicles).

(2) The specified purposes are—

(a) refrigeration;

(b) cleaning tableware;

(c) washing or drying textiles;

(d) storing energy that—

(i) was converted from electricity, and

(ii) is stored for the purpose of its future reconversion into electricity;

(e) heating;

(f) air conditioning or ventilation.

(3) In making such regulations, the Secretary of State must, in particular, have regard to the desirability of ensuring that—

(a) the energy smart function or compatibility with that function is incorporated into appliances in a manner that is compliant with the regulations,

(b) the energy smart function does not undermine the delivery of a consistent and stable supply of electricity,

(c) the energy smart function in any energy smart appliance is capable of operating in response to load control signals from any person carrying out load control, and

(d) communications, software, systems and personal and other data used in connection with energy smart appliances are secure or otherwise protected, for purposes including the protection of end-users.

(4) Such regulations may, in particular—

(a) make provision about all energy smart appliances or any description of energy smart appliances;

(b) impose technical or other requirements in relation to such appliances, including requirements to display or otherwise provide information about appliances;

(c) prohibit the placing on the market of, or other activities in connection with, relevant appliances (see section 240(3));

(d) make provision about the recall of appliances to prevent, or in response to, non-compliance with the regulations;

(e) make provision for the Secretary of State to issue guidance about prohibitions or requirements imposed by or under the regulations;

(f) provide for the enforcement of the regulations.

(5) Such regulations may impose prohibitions or requirements on any person, including any person making, supplying, importing or distributing energy smart appliances or carrying out load control (but see section 240(6)).

(6) The Secretary of State may by regulations—

(a) make provision about the meaning that “relevant electronic communications network” is to have for the purposes of this Part;

(b) amend the list of purposes in subsection (2).

(7) In this Chapter, “charge point” has the same meaning as in Part 2 of the Automated and Electric Vehicles Act 2018 (see section 9 of that Act).