Statutory Instrument 1989 No. 604

The Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) Regulations 1989

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© Crown Copyright 1989

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1989 No. 604

TELEGRAPHS

The Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) Regulations 1989

The Secretary of State, in exercise of the powers conferred by sections 1 and 3 of the Wireless Telegraphy Act 1949^[1] ("the 1949 Act" ) and now vested in him^[2] , the power conferred on him by section 84 of the Telecommunications Act 1984^[3] ("the 1984 Act" ), and of all other powers enabling him in that behalf, hereby makes the following Regulations:-

Citation and Commencement
    1.    These Regulations may be cited as the Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) Regulations 1989 and shall come into force on 1st May 1989.

Interpretation
    2.    In these Regulations -

"ERP" means effective radiated power, as defined in the Radio Regulations;

"EIRP" means equivalent isotropically radiated power, as defined in the Radio Regulations;

"field strength" means the magnitude of a component of specified polarisation of the electric or magnetic field, and a reference to the field strength of any signal means the field strength of that signal when measured at a distance of 10 metres;

"the Radio Regulations" means the 1982 edition of the Radio Regulations, as revised in 1985, 1986 and 1988, annexed to the International Telecommunication Convention 1982^[4] pursuant to Articles 43 and 83 of that Convention; and

"relevant apparatus" means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus.

Exemption
    3.    Subject to regulation 4, and except as provided for in regulation 5, the establishment, installation and use of any station or apparatus for wireless telegraphy of a description set out in the Schedule hereto (hereinafter referred to as a "relevant low power device" ) are hereby exempted from the provisions of section 1(1) of the 1949 Act.

Terms, provisions and limitations
    4.    The exemption provided for in regulation 3 shall be subject to the terms, provisions and limitations that -
 (a) the relevant apparatus comprised in the relevant low power device shall be for the time being approved under section 84 of the 1984 Act; and
 (b) the relevant low power device shall not -
 (i) infringe any requirements for the time being applied to it by or under any enactment for the purpose of preventing it from causing interference with any wireless telegraphy; or
 (ii) cause undue interference with any wireless telegraphy.

Exceptions
    5.    The exemption provided for in regulation 3 shall not extend to any station or apparatus for wireless telegraphy the establishment, installation or use of which is exempted from the provisions of section 1(1) of the 1949 Act by -
 (a) the Wireless Telegraphy (Exemption) Regulations 1980^[5] ;
 (b) the Wireless Telegraphy (Broadcast Licence Charges and Exemption) Regulations 1984^[6] ; or
 (c) the Wireless Telegraphy Apparatus (Receivers) (Exemption) Regulations 1989^[7] .

Restrictions on use
    6.    Where the Secretary of State has reasonable cause to believe that a relevant low power device is causing undue interference with any wireless telegraphy, any person who is in possession or control of that device shall on the demand in that behalf of any person authorised for such purpose by the Secretary of State ("the authorised person" ) forthwith cause the use of that device to -
 (a) cease; or
 (b) be restricted in the manner specified by the authorised person.

Robert Atkins

Parliamentary Under Secretary of State, Department of Trade and Industry

4th April 1989

[1] 1949 c. 54. back

[2] Post Office Act 1969 (c. 48), section 3; S.I. 1969/1369, article 3, 1969/1371, article 2, and 1974/691, article 2. back

[3] 1984 c. 12. back

[4] Cmnd. 9557. back

[5] S.I. 1980/1848, regulation 3. These Regulations were amended by S.I. 1987/776. back

[6] S.I. 1984/1053, regulations 3 and 4. There are amendments to S.I. 1984/1053 not relevant to these Regulations. back

[7] S.I. 1989/123, regulation 3. back

Explanatory Note