Statutory Instrument 1993 No. 1591

The Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 1993

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© Crown Copyright 1993

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1993 No. 1591

TELEGRAPHS

The Wireless Telegraphy (Short Range Devices) (Exemption) Regulations 1993

The Secretary of State, in exercise of the powers conferred by sections 1(1) and 3(1)(a) and (b) of the Wireless Telegraphy Act 1949^[1] and now vested in him^[2], the power conferred on him by section 84(1)(b) 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 (Short Range Devices) (Exemption) Regulations 1993 and shall come into force on 26th July 1993.

Revocation
    2.    The Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) Regulations 1989^[4], the Wireless Telegraphy (Low Power Devices) (Exemption) Regulations 1991^[5] and the Wireless Telegraphy (Low Power Devices) (Exemption) (Amendment) Regulations 1992^[6] are hereby revoked.

Interpretation
    3.    In these Regulations—
"authorised person" means any person authorised by the Secretary of State for the purposes of regulation 6;


"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;


"μA/m" means microamps per metre;


"μV/m" means microvolts per metre;


"μW" means microwatts;


"mW" means milliwatts;


"the Radio Regulations" means the 1990 edition of the Radio Regulations, annexed to the International Telecommunication Convention 1982 ^[7]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;


"relevant short range device" means any station or apparatus for wireless telegraphy of a description set out in the Schedule hereto; and


"W" means Watts.

Exemption
    4.    Subject to regulation 5, the establishment, installation and use of any relevant short range device are hereby exempted from the provisions of section 1(1) of the Wireless Telegraphy Act 1949.

Terms, provisions and limitations
    5.    The exemption provided for in regulation 4 shall be subject to the terms, provisions and limitations that—
 (a) the relevant apparatus comprised in the relevant short range device is for the time being approved under section 84 of the Telecommunications Act 1984; and
 (b) the relevant short range device shall not cause undue interference to any wireless telegraphy.

Restrictions on use
    6.—(1)  Where an authorised person has reasonable cause to believe that a relevant short range device is not complying with regulation 5, any person who is in possession or control of the relevant short range device shall, on the demand of that authorised person—
 (a) permit and facilitate its inspection by that authorised person; and
 (b) cause its use to—
 (i) cease; or
 (ii) be restricted in the manner specified by that authorised person,
for a period of time ending either on a date, or on the occurrence of an event, specified by that authorised person.

    (2)  Any authorised person exercising powers under paragraph (1) above shall produce evidence of his authority, if so required by the person in possession or control of the relevant short range device.

Patrick M'Loughlin

Parliamentary Under-Secretary of State, For Trade and Technology
Department of Trade and Industry

23rd June 1993

[1] 1949 c. 54; there are amendments to section 1(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; 1974/691, article 2. back

[3] 1984 c. 12. back

[4] S.I. 1989/604. back

[5] S.I. 1991/1523. back

[6] S.I. 1992/484. back

[7] The International Telecommunication Convention (Cmnd. 9557) was adopted by the International Telecommunication Union at Nairobi on 6 November 1982 and was ratified by the United Kingdom on 15 November 1984. back

Explanatory Note