How this links to the Cyber Security and Resilience Bill
The Energy Act 2023 definition of an energy smart appliance is broad. The Bill narrows it for NIS purposes to five device types, so only those count when measuring a load controller’s potential electrical control. This keeps smart washing machines and similar low-impact devices out of the calculation.
- cl.6(2), new para 1(5C)(a): a relevant ESA is an energy smart appliance under s.238(2) Energy Act 2023 that is one of five listed types.
- cl.6(3)(a)-(b), new para 1(8)(aa), (ca), (cb): definitions of charge point, electric vehicle and electrical heating appliance.
- cl.6(2), new para 1(5C)(b): a relevant ESA is “managed” by a person who controls its electricity flow by load control signals that person sends.
- cl.6(2), new para 1(5C)(c): each device’s maximum flow is its electrical capacity as stated by the manufacturer.
Which devices are relevant energy smart appliances?
The device must first be an energy smart appliance: capable of adjusting the flow of electricity into or out of itself or another appliance in response to a load control signal (Energy Act 2023, s.238). It must then fall into one of the listed types.
- An electric vehicle: a vehicle capable of being propelled by electrical power derived from a storage battery.
- A charge point for electric vehicles, as defined in Part 2 of the Automated and Electric Vehicles Act 2018 (s.9).
- An electrical heating appliance: a hydronic heat pump, hot water heat pump, hybrid heat pump, direct electric hot water cylinder, electric storage heater or heat battery.
- A battery energy storage system.
- A virtual power plant.
Why does the list matter?
Only managed relevant ESAs count towards the 300 MW threshold that makes someone a large load controller. A platform controlling a mix of devices counts the listed types and ignores the rest. Because the capacity figure comes from the manufacturer’s stated rating, controllers need an accurate inventory of every managed device and its import and export capacity. The large load controllers guide sets out a practical approach.
The list can be changed only by amending the NIS Regulations, so a new device type, such as smart commercial refrigeration, would not count unless added later.
Where it appears in the Bill
- cl.6(2), NIS Sch 2 para 1(5C)(a)The five types of relevant ESA.
- cl.6(3), NIS Sch 2 para 1(8)(aa), (ca), (cb)Definitions of charge point, electric vehicle and electrical heating appliance.
- cl.6(2), NIS Sch 2 para 1(5C)(b)-(c)When a device is managed, and use of manufacturer-stated capacity.
References are to HL Bill 32 as brought from the Commons. Read the Bill.
Frequently asked questions
Do smart home appliances like washing machines count?
No. Even if a washing machine or dishwasher is an energy smart appliance under the Energy Act 2023, it is not one of the five listed types in new paragraph 1(5C)(a). Only electric vehicles, charge points, listed electrical heating appliances, battery energy storage systems and virtual power plants count towards the 300 megawatt load controller threshold.
Which heat pumps are relevant energy smart appliances?
Hydronic heat pumps, hot water heat pumps and hybrid heat pumps are listed as electrical heating appliances, alongside direct electric hot water cylinders, electric storage heaters and heat batteries. They count only if they are also energy smart appliances, meaning they can adjust electricity flow in response to a load control signal.
Is a charging cable or a vehicle counted twice?
The Bill lists both electric vehicles and charge points as relevant ESAs, and a device counts if the controller manages it by sending load control signals to it. Whether a vehicle and its charge point controlled together are counted once or twice is not addressed in the Bill text, so controllers should follow DESNZ guidance as it is finalised.