with a demand side response service and if the chargepoint is configured to meet the technical requirements of this service. In this scenario, the default requirement need not be implemented, since the user will be charging their EV in a smart way in line with a DSR service. Government will not mandate that consumers use the smart functionality of chargepoints. Therefore, mandating the setting of a default charging mode will help mitigate the risk that some users do not engage with smart charging offers, and instead charge during peak times.
Importantly, mandating that users must be informed of and prompted to edit the pre-set charging schedule during first use of the chargepoint will help mitigate the risk that any default setting causes confusion and negatively impacts the user experience. The consumer override and edit functions will ensure that users can turn off or edit their charging schedule, for example where they wish to sign-up to a DSR service such as a smart tariff. Defining a peak time period in legislation instead of an off-peak period could encourage greater variation in approach amongst chargepoint sellers, thereby helping to mitigate the risk of a default mode requirement causing secondary peaks in demand.
Given that the extent to which consumers modify their behaviour is key to delivering the benefits of these regulations, we will monitor the effectiveness of this approach closely as part of our post-legislation evaluation. The upcoming 2021 Smart Systems and Flexibility Plan will outline the steps that Government is taking to help drive the uptake of smart charging offers, including work to help ensure that consumers have confidence in the smart charging market. Safety In the consultation, Government proposed that smart chargepoints should be required to be safe, with due regard to the existing safety framework.
In general, respondents agreed with the approach, although many suggested additional safety requirements or factors that Government could consider. The Government will be including one new safety requirement in the 2021 legislation. We will mandate that smart chargepoints must be configured in a way that prioritises safety over smart charging related behaviour and user inputs. The legislation will not restate the need for chargepoints to comply with the existing legislative safety framework. There are many safety standards already mandated by other legislation.
Repeating these in our 2021 regulations would create regulatory complexity without providing any additional legal safeguards for consumers. Whilst some respondents did identify additional standards that are not currently legislative obligations, many related to chargepoint installation, which as outlined in the earlier “Scope and application” section is out of scope for this legislation. Consultation responses provided limited evidence of smart-specific safety risks. However, PAS 1878 included a high-level outcome on safety, whereby safety must be prioritised over energy flexibility related behaviour.
Government will mandate requirements in line with this outcome for smart chargepoints, as a first step towards mitigating any potential smart related safety risks that may occur. Chargepoint safety and the quality of chargepoint installations remains a high priority for Government. The Office for Zero Emission Vehicles (OZEV) will continue to work 18