Statutory Instrument 1992 No. 2009

The Wireless Telegraphy (Cordless Telephone Apparatus) (Restriction and Marking) Order 1992

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© Crown Copyright 1992

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1992 No. 2009

TELEGRAPHS

The Wireless Telegraphy (Cordless Telephone Apparatus) (Restriction and Marking) Order 1992

Whereas it appears to the Secretary of State to be expedient to apply restrictions under section 7 of the Wireless Telegraphy Act 1967^[1] to wireless telegraphy apparatus of the descriptions specified in this Order, being apparatus to which that section applies, for the purpose of preventing or reducing the risk of interference with wireless telegraphy:

And whereas the Secretary of State is satisfied, as required by subsection (9) of that section, that the provisions of this Order made pursuant to that section are compatible with the international obligations of the United Kingdom:

And whereas it appears to the Secretary of State to be expedient that such descriptions of apparatus, being relevant apparatus within the meaning of subsection (5)(a) of section 85 of the Telecommunications Act 1984^[2] should be marked with information relating to the apparatus and its installation and use in accordance with the requirements of this Order:

Now therefore, the Secretary of State, in exercise of the powers conferred on him by section 7(2) of the Wireless Telegraphy Act 1967 and section 85(1) of the Telecommunications Act 1984 and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement
    1.    This Order may be cited as the Wireless Telegraphy (Cordless Telephone Apparatus) (Restriction and Marking) Order 1992 and shall come into force on 18th September 1992.

Revocation
    2.    The Wireless Telegraphy (Cordless Telephone Apparatus) (Restriction) Order 1987^[3] is hereby revoked.

Interpretation
    3.—(1)  In this Order—

"the 1949 Act" means the Wireless Telegraphy Act 1949^[4];


"the 1967 Act" means the Wireless Telegraphy Act 1967;


"the 1984 Act" means the Telecommunications Act 1984;


"CT1" means cordless telephone apparatus which is exempt from the provisions of section 1(1) of the 1949 Act by the Wireless Telegraphy (Exemption) Regulations 1982^[5];


"cordless telephone apparatus" means wireless telegraphy apparatus consisting in base station and one or more mobile stations where—
 (a) each of such stations is designed or adapted to be used—
 (i) to send verbal messages to be conveyed over a telecommunication system; and
 (ii) to receive verbal messages conveyed over a telecommunication system; and
 (b) the base station only is capable of being connected to a telecommunication system;


"exempt cordless telephone apparatus" means a CT1 or an extended range CT1;


"extended range CT1" means cordless telephone apparatus which is exempt from the provisions of section 1(1) of the 1949 Act by the Wireless Telegraphy (Cordless Telephone Apparatus) (Exemption) Regulations 1992^[6];


"MPT 1322" means Department of Trade and Industry Performance Specification MPT 1322 as published in August 1982 and amended in February 1991 and September 1991;


"MPT 1371" means Department of Trade and Industry Performance Specification MPT 1371 as published in May 1989 and revised and reprinted in July 1992; and


"restricted cordless telephone apparatus" means cordless telephone apparatus which—
 (a) is designed or adapted for use on frequencies not exceeding 853MHz; and
 (b) is not exempt cordless telephone apparatus.

    (2)  In this Order, "connected", "convey" and "telecommunication system" shall be construed in accordance with section 4 of the 1984 Act.

Restrictions on dealings and custody
    4.    The following actions in relation to restricted cordless telephone apparatus are hereby restricted for the purposes of section 7 of the 1967 Act—
 (a) manufacture (whether or not for sale);
 (b) selling or offering for sale, letting on hire or offering to let on hire, or indicating (whether by display of the apparatus or by any form of advertisement) one's willingness to sell or let on hire;
 (c) having in one's custody or control; and
 (d) importation.

Marking
    5.—(1)  Exempt cordless telephone apparatus shall be marked in accordance with the requirements specified in the Schedule.

    (2)  No person shall in the course of any trade or business supply or offer to supply any exempt cordless telephone apparatus which does not comply with the requirements referred to in paragraph (1).

T. Eggar

Minister of State, Department of Trade and Industry

18th August 1992

[1] 1967 c. 72; a new section 7 was substituted by section 77 of the Telecommunications Act 1984 (c. 12). back

[2] 1984 c. 12. back

[3] S.I.1987/774. back

[4] 1949 c. 54. back

[5] S.I.1982/1697, as amended by S.I.1987/775 and 1992/2008. back

[6] S.I.1992/2008. back

Explanatory Note