Statutory Instrument 1989 No. 943

The Wireless Telegraphy Apparatus (Citizens' Band European Users) (Exemption) Regulations 1989

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© Crown Copyright 1989

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1989 No. 943

TELEGRAPHS

The Wireless Telegraphy Apparatus (Citizens' Band European Users) (Exemption) Regulations 1989

The Secretary of State, in exercise of the powers conferred by sections 1, 3 and 16 of the Wireless Telegraphy Act 1949^[1] as enacted, and as extended by the Wireless Telegraphy (Channel Islands) Order 1952^[2] and the Wireless Telegraphy (Isle of Man) Order 1952^[3] , and now vested in him^[4] , 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 (Citizens' Band European Users) (Exemption) Regulations 1989 and shall come into force on 1st July 1989.

Interpretation
    2.    In these Regulations-
"the Act" means the Wireless Telegraphy Act 1949;
"authorised person" means any person authorised by the Secretary of State for the purposes of the Wireless Telegraphy Acts of 1949 and 1967^[5] (as amended) and for the purposes of the Telecommunications Act 1984^[6] , and in particular for the purposes of section 79(3) thereof;
"CEPT" means the European Conference of Postal and Telecommunications Administrations^[7] , and"CEPT country" means a country which is a member of CEPT;
"CEPT Recommendation T/R 20-02" means CEPT Recommendation T/R 20-02 entitled"Citizens' Band Radio" as adopted by CEPT on 1st September 1986; and
"relevant CB station" means a station for wireless telegraphy for the provision of voice radiocommunication in the frequency band 26.960 MHz to 27.410 MHz which complies with the requirements of CEPT Recommendation T/R 20-02.

Exemption
    3.    Subject to regulations 4 and 5, the establishment, installation and use of relevant CB stations are hereby exempted from the provisions of section 1(1) of the Act.

Terms, provisions and limitations
    4.    The exemption provided for in regulation 3 shall be limited to-
 (a) establishment, installation and use of a relevant CB station by any person who is:-
 (i) aged 14 years or over;
 (ii) ordinarily resident in a country listed in Schedule 1; and
 (iii) authorised by the government of that country to use a relevant CB station in its territory,
(hereinafter referred to as a"CEPT CB user" ); and
 (b) use of a relevant CB station by any person under the supervision of a CEPT CB user.

    5.    The exemption provided for in regulation 3 shall be subject to the terms, provisions and limitations contained in Schedule 2.

Inspection and restriction on use
    6.    The CEPT CB user shall forthwith on the demand of an authorised person-
 (a) permit and facilitate the inspection by that authorised person of the relevant CB station;
 (b) cause the use of the relevant CB station to-
 (i) cease; or
 (ii) be restricted in the manner specified by that authorised person.

Robert Atkins

Parliamentary Under Secretary of State, Department of Trade and Industry

6th June 1989

[1] 1949 c. 54. back

[2] S.I. 1952/1900. back

[3] S.I. 1952/1899. back

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

[5] 1967 c. 72. back

[6] 1984 c. 12. back

[7] CEPT was set up in June 1959 in Montreux by the"Arrangement Instituant de la Conference Européenne des Administrations des Postes et des Télécommunications" . back

Explanatory Note