Public Charge Point Regulations 2023 – Legal and practical issues for EV charge point operators (“CPOs”)
The Public Charge Point Regulations 2023 (the “Regulations”) came into force on 24 November 2023, with the policy objective of improving the consumer experience of public EV charging and supporting the UK’s transition to zero-emission transport. They apply to publicly accessible charge points – including sites in public car parks, on highways, or accessible areas of private sites (e.g. supermarket car parks) – but exclude private residential chargers and workplace chargers not open to the general public.
The Regulations impose minimum service, payment, transparency, reliability, data and reporting standards on CPOs, defined as the person or entity responsible for the operation and consumer-facing obligations of a public charge point.
Key legal requirements for EV charging operators
Contactless and ad-hoc payment methods
One of the key elements of the Regulations is the requirement to support ad-hoc methods of payment that do not require pre-registration, contracts or proprietary apps:
- Contactless payments (e.g. contactless bank cards, Apple Pay, Google Pay) must be offered at:
- all new public charge points of 8 kW and above deployed after 24 November 2024; and
- all existing public charge points of 50 kW and above by the same date.
- These can be provided per point or per charging site, but must be in close proximity to the charge points.
- Operators cannot mandate users to sign up for an app or network subscription as the sole means of payment; accepted contactless payment must be available on an ad-hoc basis with no prior contract.
This payment requirement is intended to eliminate the need for drivers to hold multiple network memberships or RFID cards to use public charging – arguably a barrier to user uptake.
The problem with this is it increases installation costs in an era where we are becoming more and more used to using Apps for our daily transactions. Several CPOs have argued this requirement should be limited to only ultra rapid chargers at busy sites and/or a limited number of charge points.
Payment roaming
Beyond contactless, CPOs must enable payment roaming across networks by connecting to at least one third-party roaming provider (e.g. an e-Mobility Service Provider). This allows drivers, including fleet customers, to use a single payment method (app or RFID) across multiple networks.
Operators must notify the Secretary of State and the enforcement authority of their roaming providers and report subsequent changes.
The consequence is that CPOs that have traditionally relied on closed systems must integrate with third-party roaming services to remain compliant.
Pricing transparency
CPOs must ensure clear disclosure of the maximum total price for a charging session, expressed in pence/km per kilowatt hour (p/kWh) or pounds/kWh, and include any fixed charges e.g. connection or transaction fees.
Price data must be visible either on the charge point unit or through a separate device that the consumer can access without entering into a contract first.
This standard aims to make pricing comparable across networks and transparent at the point of use.
Reliability, helplines and open data
While your focus is on payment, the Regulations also require:
- 99 % average reliability for rapid charge points (50 kW+) across a CPO’s network, measured and reported annually.
- A 24/7 free-to-use staffed helpline with contact details displayed at all sites.
- Use of the Open Charge Point Interface (OCPI) to publish certain data in an open, machine-readable format – facilitating transparency for third parties and regulators.
- Periodic reporting to the enforcement authority and Secretary of State on compliance.
Legal & operational challenges for charging operators
Retrofitting and technical integration
- Retrofitting older public charge points – especially those without integrated contactless terminals – can be technically complex and costly.
- Operators must ensure payment terminals are robust, connected, and integrated with backend billing systems to avoid downtime that could count against reliability metrics.
Both of these have the potential to stem the flow of site installations.
Compliance costs and enforcement risk
- Non-compliance carries the risk of enforcement action and penalties (including fines) by the Office for Product Safety and Standards (OPSS) or Secretary of State.
- Operators must maintain rigorous records and reporting systems to demonstrate compliance with payment, reliability, helpline, roaming and data obligations.
User experience and practical payment issues
- While contactless payment reduces barriers for ad-hoc users, practical limitations (e.g., failed transactions, offline payment terminals, lack of PIN support) can still impair the consumer experience and the uptake of EVs.
- Operators must consider fallback mechanisms for users e.g. alternative methods when contactless readers fail – which increases operational complexity.
Roaming partnerships & data sharing
- Developing and maintaining roaming arrangements with third parties requires commercial negotiation, integration with external platforms, and ongoing management.
- Publishing open data via OCPI may expose commercial pricing and performance details to competitors or aggregators, raising competitive sensitivities.
Practical roadmap for operators
In summary, EV charging operators should:
- Audit existing charge points for compliance with contactless and roaming requirements and plan retrofits where necessary.
- Implement or upgrade payment terminals to accept contactless card and device payments without app or membership barriers.
- Connect to at least one roaming provider and maintain records of these connections for reporting.
- Ensure real-time pricing transparency both at the point of charge and through open data channels without contractual prerequisites.
- Establish systems for reliability monitoring, helpline support and statutory reporting to demonstrate compliance to regulators.
How Moore Barlow can help
Richard Hughes is Head of Moore Barlow’s Commercial Property team and advises on the property arrangements that sit behind EV charging infrastructure. Working with Callum Leary, who also advises on EV charging and future energy projects, Richard supports charge point operators, landowners, developers and investors on the legal framework needed to secure, deliver and scale charging infrastructure. This includes leases, agreements for lease, option agreements, easements and wider site strategy.
In a sector where regulation, land rights, operational resilience and rollout strategy are closely connected, the commercial property team provides commercially grounded advice that helps clients secure sites, manage risk and support long-term growth.
