• Home / Insight / The Lithium-ion Battery Safety Bill - what we know so far

    The Lithium-ion Battery Safety Bill - what we know so far

    16/08/2024

    This Bill had its first reading on 29 July 2024.

    It’s stated purpose is to make provision regarding the safe storage, use and disposal of the lithium-ion batteries; in order to better protect householders and communities from the dangers of lithium-ion batteries and to increase public confidence in Battery Energy Storage Systems (“BESS”).

    The main proposals contained in the Bill are as follows:

    - Battery Energy Storage Systems (“BESS”)

    Planning authorities must consult the Environment Agency, HSE, and local fire and rescue services before approving any planning application for BESS.

    - Lithium-ion batteries sold online

    The Secretary of State will make regulations requiring operators of online marketplaces to take steps to ensure that:

    • Products containing lithium-ion batteries offered for sale online will comply with the General Product Safety Regs 2005; and any other safety regulations the Sec of State may make
    • No products containing lithium-ion batteries will be offered for sale online where they have been subject of an enforcement notice under the 2005 GPS Regs

    Regulations made by the Sec of State relating to products containing lithium-ion batteries may include provision for criminal offences and ‘civil sanctions’ where the regulations are breached.

    This is aimed at tackling the problem of cheap and poor quality products available online, which are responsible for many lithium-ion battery fires.

    - Micromobility vehicles containing lithium-ion batteries

    This is primarily aimed at e-scooters and e-bikes.

    The Sec of State will publish a list of Conformity Assessment Bodies (“CABs”), who will be authorised to carry out conformity assessment procedures on lithium-ion battery-powered micromobility vehicles.

    No such vehicle can be placed on the market in the UK unless it has been assessed by a CAB as conforming to the essential safety requirements and applicable regulations.

    If so, the CAB must issue a certificate of conformity, and the manufacturer must display a CE or a UKCA mark on the product.

    Again, regulations made by the Sec of State may make include provision for criminal offences and ‘civil sanctions’ for non-compliance.

    The Sec of State is also expected to make regulations concerning the use of conversion kits, and the use of non-proprietary charging systems, for micromobility vehicles.

    This is aimed at seeking to reduce the increasing incidents of fires caused by e-scooters and e-bikes.

    - Dispoal of lithium-ion batteries

    The  Sec of State is to make regulations concerning the safe disposal of lithium-ion batteries, and products containing these batteries.

    This is to address the incidents of fires in bins, refuse lorries, and waste disposal sites, from thoughtlessly discarded l-ion batteries.

    The proposals largely concern labelling and the provision of information, and they specifically exclude “any provision that would impose additional financial burden on local authorities” – so it remains to be seen how effective the provisions will be.

    We will have to wait and see what amendments are made to the Bill as it passes through parliament; and then, once passed, what regulations the Secretary of State actually makes in pursuance of the Bill’s objectives, and how this will affect the costs and risks faced by producers, importers and sellers of products containing l-ion batteries, and their insurers.

    If you would like to discuss this subject further, please get in touch.

    Michael Harvey
    Author

    Michael Harvey
    Partner

    Contact

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