Statutory Instrument 1991 No. 1523

The Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) Regulations 1991

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© Crown Copyright 1991

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1991 No. 1523

TELEGRAPHS

The Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) Regulations 1991

The Secretary of State, in exercise of the powers conferred by sections 1 and 3 of the Wireless Telegraphy Act 1949^[1] and now vested in him^[2], the power conferred on him by section 84 of the Telecommunications Act 1984^[3], 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 1991 and shall come into force on 31st July 1991.

Interpretation
    2.    In these Regulations-
"the 1949 Act" means the Wireless Telegraphy Act 1949;


"the 1984 Act" means the Telecommunications Act 1984;


"authorised person" means any person authorised by the Secretary of State for the purposes of the 1949 Act, the Wireless Telegraphy Act 1967^[4] and the 1984 Act.


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


the "Radio Regulations" means the 1982 edition of the Radio Regulations, as revised in 1985, 1986, 1988 and 1990, and annexed to the International Telecommunication Convention 1982^[5] pursuant to Articles 43 and 83 of that Convention;


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


"restriction period" means a period of time ending either on a date, or the occurrence of an event, specified by an authorised person.

Exemption and Extent
    3.—(1)  Subject to paragraph (2) of this regulation and regulation 4, the establishment, installation and use of any apparatus for wireless telegraphy of a description set out in Part I or Part II of 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.

    (2)  The exemption provided for in paragraph (1) shall not, in relation to the description of relevant low power device set out in Part II of the Schedule, extend to Northern Ireland.

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 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.

Restrictions on use
    5.    Where an authorised person has reasonable cause to believe that a relevant low power device is not complying with regulation 4, any person who is in possession or control of the relevant low power device shall, on the demand of that authorised person-
 (a) permit and facilitate its inspection by that authorised person;
 (b) cause its use to-
 (i) cease; or
 (ii) be restricted in the manner specified by that authorised person,
for the restriction period determined by that authorised person.

John Redwood

Minister of State, Department of Trade and Industry

3rd July 1991

[1] 1949 c. 54; there are amendments to section 1 not relevant to these regulations. 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] 1967 c. 72. The relevant amendments to the Acts of 1949 and 1967 are contained in section 3 of the Post Office Act 1969, Part VI of the Telecommunications Act 1984, section 173 of the Broadcasting Act 1990 (c. 42) and S.I. 1974/691, article 2. back

[5] Cmnd. 9557. back

Explanatory Note