PART 6 continued
(1) In this Act—
“artistic work” has the meaning given by section 4(1) of the Copyright, Designs and Patents Act 1988 (c. 48);
“associated facility” has the meaning given by section 32 of the Communications Act 2003 (c. 21);
“broadcast” (except in sections 35 to 38 and Part 5), means broadcast by wireless telegraphy, and cognate expressions are to be construed accordingly;
“business” includes a trade or profession;
“communications provider” has the same meaning as in the Communications Act 2003;
“contravention” includes a failure to comply, and cognate expressions are to be construed accordingly;
“electric line” has the meaning given by section 64(1) of the Electricity Act 1989 (c. 29);
“electronic communications network” and “electronic communications service” have the meaning given by section 32 of the Communications Act 2003;
“emission”, in relation to electromagnetic energy, is to be construed in accordance with subsection (2);
“the enactments relating to the management of the radio spectrum” has the meaning given by section 405 of the Communications Act 2003;
“film” has the meaning given by section 5B(1) of the Copyright, Designs and Patents Act 1988 (c. 48);
“frequency” includes frequency band;
“grant of recognised spectrum access” means a grant made under section 18;
“information” includes accounts, estimates and projections and any document;
“interfere” and “interference”, in relation to wireless telegraphy, are to be construed in accordance with subsection (3);
“international obligation of the United Kingdom” includes any Community obligation and any obligation which will or may arise under any international agreement or arrangements to which the United Kingdom is party;
“literary, dramatic or musical work” has the same meaning as in Part 1 of the Copyright, Designs and Patents Act 1988;
“modification” includes omissions, alterations and additions, and cognate expressions are to be construed accordingly;
“OFCOM” means the Office of Communications;
“radio spectrum functions”, in relation to OFCOM, means their functions under the enactments relating to the management of the radio spectrum;
“receiving apparatus” means wireless telegraphy apparatus that is not designed or adapted for emission (as opposed to reception);
“ship” includes every description of vessel used in navigation;
“sound recording” has the meaning given by section 5A(1) of the Copyright, Designs and Patents Act 1988;
“speech” includes lecture, address and sermon;
“supply”, in relation to any item, is to be construed in accordance with subsection (6);
“UK territorial sea” means the territorial sea adjacent to the United Kingdom;
“wireless telegraphy” is to be construed in accordance with section 116;
“wireless telegraphy apparatus” is to be construed in accordance with section 117;
“wireless telegraphy licence” means a licence granted under section 8;
“wireless telegraphy station” is to be construed in accordance with section 117.
(2) A reference in this Act to the emission of electromagnetic energy, or to emission (as opposed to reception), includes a reference to the deliberate reflection (whether continuous or intermittent) of electromagnetic energy by means of apparatus designed or specially adapted for the purpose.
(3) For the purposes of this Act, wireless telegraphy is interfered with if the fulfilment of the purposes of the telegraphy is prejudiced (either generally or in part and, in particular, as respects all, or as respects any, of the recipients or intended recipients of a message, sound or visual image intended to be conveyed by the telegraphy) by an emission or reflection of electromagnetic energy.
(4) Interference with any wireless telegraphy is not to be regarded as undue for the purposes of this Act unless it is also harmful.
(5) For the purposes of this Act interference is harmful if—
(a) it creates dangers, or risks of danger, in relation to the functioning of any service provided by means of wireless telegraphy for the purposes of navigation or otherwise for safety purposes; or
(b) it degrades, obstructs or repeatedly interrupts anything which is being broadcast or otherwise transmitted—
(i) by means of wireless telegraphy; and
(ii) in accordance with a wireless telegraphy licence, regulations under section 8(3) or a grant of recognised spectrum access or otherwise lawfully.
(6) Section 46 of the Consumer Protection Act 1987 (c. 43) has effect for the purpose of construing references in this Act to the supply of any thing as it has effect for the purpose of construing references in that Act to the supply of goods.
(7) In this Act (except Part 5) a reference to the sending or conveying of a message includes a reference to the making of a signal or the sending or conveying of a warning or information, and a reference to the reception of a message is to be construed accordingly.
(8) A reference in this Act to apparatus on board a ship includes a reference to apparatus on a kite or captive balloon flown from a ship.
(1) In this Act “wireless telegraphy” means the emitting or receiving, over paths that are not provided by any material substance constructed or arranged for the purpose, of energy to which subsection (2) applies.
(2) This subsection applies to electromagnetic energy of a frequency not exceeding 3,000 gigahertz that—
(a) serves for conveying messages, sound or visual images (whether or not the messages, sound or images are actually received by anyone), or for operating or controlling machinery or apparatus; or
(b) is used in connection with determining position, bearing or distance, or for gaining information as to the presence, absence, position or motion of an object or of a class of objects.
(3) The Secretary of State may by order modify the definition of “wireless telegraphy” by substituting a different frequency for the frequency that is for the time being specified in subsection (2).
(4) No order is to be made containing provision authorised by subsection (3) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
(1) In this Act “wireless telegraphy apparatus” means apparatus for the emitting or receiving, over paths that are not provided by any material substance constructed or arranged for the purpose, of energy to which section 116(2) applies.
(2) In this Act “wireless telegraphy station”—
(a) means a station for the emitting or receiving, over paths that are not provided by any material substance constructed or arranged for the purpose, of energy to which section 116(2) applies; and
(b) includes the wireless telegraphy apparatus of a ship or aircraft.
(1) Subject to subsection (2), this Act extends to Northern Ireland.
(2) An amendment, repeal or revocation made by this Act has the same extent as the enactment or other instrument amended, repealed or revoked.
(3) Her Majesty may by Order in Council extend the provisions of this Act, with such modifications as appear to Her Majesty to be appropriate, to the Isle of Man or any of the Channel Islands.
(4) But subsection (3) does not authorise the extension of sections 62 to 67 to any of the Channel Islands.
(5) Section 121(3) applies to the power to make an Order in Council under this section as it applies to a power of the Secretary of State to make an order under this Act, but as if references in section 121(3) to the Secretary of State were references to Her Majesty in Council.
(6) The provisions capable of being extended outside the United Kingdom under—
(a) section 15(6) of the Wireless Telegraphy Act 1967 (c. 72),
(b) section 204(6) of the Broadcasting Act 1990 (c. 42),
(c) section 12(4) of the Intelligence Services Act 1994 (c. 13),
(d) section 315(2) of the Merchant Shipping Act 1995 (c. 21),
(e) section 150(4) of the Broadcasting Act 1996 (c. 55), or
(f) section 411(6) of the Communications Act 2003 (c. 21),
include any amendment of those provisions made by this Act.
(1) The provisions mentioned in subsection (2) apply to—
(a) all stations and apparatus in or over, or for the time being in or over, the United Kingdom or UK territorial sea;
(b) subject to any limitations that the Secretary of State may by regulations determine, all stations and apparatus on board a ship or aircraft that is registered in the United Kingdom but is not for the time being in or over the United Kingdom or UK territorial sea; and
(c) subject to any limitations that the Secretary of State may by regulations determine, all apparatus not itself in or over the United Kingdom or UK territorial sea but released—
(i) from within the United Kingdom or UK territorial sea, or
(ii) from a ship or aircraft that is registered in the United Kingdom.
(2) The provisions are—
(a) sections 8 to 11, 35 to 38, 45 to 49, 55 to 58 and 68; and
(b) regulations under section 54.
(3) Her Majesty may by Order in Council direct that a reference in subsection (1) to a ship or aircraft registered in the United Kingdom is to be construed as including a reference to a ship or aircraft—
(a) registered in the Isle of Man, in any of the Channel Islands or in a colony; or
(b) registered under the law of any other country or territory outside the United Kingdom that is for the time being administered by Her Majesty’s Government in the United Kingdom.
(4) For the purposes of paragraph 4(3) of Schedule 2 to the Interpretation Act 1978 (c. 30) (meaning of “colony” in existing enactments), subsection (3) is to be treated as if contained in an Act passed before the commencement of that Act.
(1) Her Majesty may by Order in Council provide—
(a) for an area of UK territorial sea to be treated, for the purposes of any provision of this Act, as if it were situated in such part of the United Kingdom as may be specified in the Order; and
(b) for jurisdiction with respect to questions arising in relation to UK territorial sea under any such provision to be conferred on courts in a part of the United Kingdom so specified.
(2) An Order in Council under section 11 of the Petroleum Act 1998 (c. 17) (application of civil law to offshore installations etc) or section 87 of the Energy Act 2004 (c. 20) (application of civil law to renewable energy installations etc) may make provision for treating—
(a) an installation with respect to which provision is made under that section and which is outside UK territorial sea but in waters to which that section applies, and
(b) waters within 500 metres of the installation,
as if, for the purposes of any provision of this Act, they were situated in such part of the United Kingdom as is specified in the Order.
(3) The jurisdiction conferred on a court by an Order in Council under this section is in addition to any jurisdiction exercisable apart from this section by that or any other court.
(4) Section 121(3) applies to the power to make an Order in Council under this section as it applies to any power of the Secretary of State to make an order under this Act, but as if references in section 121(3) to the Secretary of State were references to Her Majesty in Council.
(5) A statutory instrument containing an Order in Council under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(6) “Installation” includes any floating structure or device maintained on a station by whatever means, and installations in transit.
(1) Every power conferred by this Act on the Secretary of State to make orders or regulations is exercisable by statutory instrument.
(2) A statutory instrument containing an order or regulations made in exercise of such a power, other than—
(a) an order under section 5,
(b) regulations under section 49(4)(g),
(c) an order under section 111,
(d) an order under section 116, or
(e) an order under paragraph 26 or 27 of Schedule 8,
is subject to annulment in pursuance of a resolution of either House of Parliament.
(3) Every power of the Secretary of State to make an order or regulations under this Act includes power—
(a) to make different provision for different cases (including different provision in respect of different areas);
(b) to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and
(c) to make such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks fit.
(1) This section applies to every power of OFCOM to make regulations or an order under this Act.
(2) Those powers are exercisable by statutory instrument, and the Statutory Instruments Act 1946 (c. 36) is to apply in relation to those powers as if OFCOM were a Minister of the Crown.
(3) Where an instrument made under such a power falls to be laid before Parliament, OFCOM must, immediately after it is made, send it to the Secretary of State for laying by him.
(4) Before making any regulations or order under such a power, OFCOM must—
(a) give a notice of their proposal to do so to such persons representative of the persons appearing to OFCOM to be likely to be affected by the implementation of the proposal as OFCOM think fit;
(b) publish notice of their proposal in such manner as they consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by it and are not given notice by virtue of paragraph (a); and
(c) consider any representations that are made to OFCOM, before the time specified in the notice.
(5) A notice for the purposes of subsection (4) must—
(a) state that OFCOM propose to make the regulations or order in question;
(b) set out the general effect of the regulations or order;
(c) specify an address from which a copy of the proposed regulations or order may be obtained; and
(d) specify a time before which any representations with respect to the proposal must be made to OFCOM.
(6) The time specified for the purposes of subsection (5)(d) must be no earlier than the end of the period of one month beginning with the day after the latest day on which the notice is given or published for the purposes of subsection (4).
(7) Every power of OFCOM to make regulations or an order under this Act includes power—
(a) to make different provision for different cases (including different provision in respect of different areas);
(b) to make provision subject to such exemptions and exceptions as OFCOM think fit; and
(c) to make such incidental, supplemental, consequential and transitional provision as OFCOM think fit.
Schedule 7 (consequential amendments) has effect.
Schedule 8 (transitional provisions, savings and transitory modifications) has effect.
(1) The enactments mentioned in Part 1 of Schedule 9 are repealed to the extent specified.
(2) The instruments mentioned in Part 2 of that Schedule are revoked to the extent specified.
(1) This Act may be cited as the Wireless Telegraphy Act 2006.
(2) This Act comes into force at the end of the period of three months beginning with the day on which it is passed.