Statutory Instrument 1995 No. 2588

The Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) (Amendment) Order 1995

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© Crown Copyright 1995

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1995 No. 2588

TELEGRAPHS

The Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) (Amendment) Order 1995

Whereas the Secretary of State made the Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) Order 1988^[1] as it appeared to him to be expedient to apply restrictions under section 7 of the Wireless Telegraphy Act 1967^[2] to certain wireless telegraphy apparatus specified therein for the purpose of preventing or reducing the risk of interference with wireless telegraphy and to impose marking requirements in relation to certain such apparatus in accordance with the provisions of section 85 of the Telecommunications Act 1984^[3];

And whereas it now appears to the Secretary of State to be expedient that the provisions of that Order should be amended by this Order;

And whereas the Secretary of State is satisfied as required by section 7(9) of the Wireless Telegraphy Act 1967 that this Order is compatible with the international obligations of the United Kingdom;

Now therefore, the Secretary of State, in exercise of the powers conferred by sections 7(2) and 13(4) of the 1967 Act and sections 84 and 85(1) of the Telecommunications Act 1984 hereby makes the following Order:—

Citation and commencement
    2.    This Order may be cited as the Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) (Amendment) Order 1995 and shall come into force on 27th October 1995.

Interpretation
    3.    In this Order "the principal Order" means the Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) Order 1988.

Amendment of the Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) Order 1988
    4.    In article 2 of the principal Order—
 (a) after the definition of "the 1984 Act"there shall be inserted the following—
""EN45001 and EN45002" means European Standards (Normes Europeene) EN45001 and 45002 published in 1989 by the British Standards Institution;

  "ETS 300 135" means the European Telecommunications Standard 300 135 published in June 1991 by the European Telecommunications Standards Institute^[4];

  "ISO guides 25 and 38" means the International Organisation for Standardisation Guides 25 and 38 published by the International Organisation for Standardisation in 1990 and 1993 respectively;" ; and

 (b) the definition of "British Standard 5850: 1981" shall be omitted.

    5.    For paragraph (1) of article 3 of the principal Order there shall be substituted the following—
"  (1)  No person shall take any of the actions listed in paragraph (3) of this article in relation to CB apparatus unless:—
(a) the CB apparatus operates in the frequency band 27.59625- 27.99625 MHz and—
(i) prior to 1st January 1996 either—
(aa) complies with the requirements of MPT 1320; or

(bb) is approved for the time being by the Secretary of State under section 84 of the 1984 Act for the purposes of this Order; and



(ii) on or after 1st January 1996 complies with the requirement specified in article 3(1)(a)(i)(bb) provided that a person may have CB apparatus in his custody or control, which complies with the requirements of MPT 1320, if it was manufactured prior to 1st January 1996; or

(b) the CB apparatus operates in the frequency band 26.960- 27.410 MHz and complies with ETS 300 135 by either—
(i) being approved for the time being by the Secretary of State under section 84 of the 1984 Act for the purposes of this Order; or

(ii) being approved to ETS 300 135 by the national administration of a country listed in Part II of Schedule 2 following type testing at a test laboratory, which has been accredited in accordance with ISO guides 25 and 38 or EN45001 and EN45002 or a national standard conforming to ISO guides 25 and 38 or EN45001 and EN45002,

provided that a person may have CB apparatus in his custody or control, which operates in the frequency band 26.960 - 27.410 MHz and complies with the requirements of MPT 1333 by being approved for the time being by the Secretary of State under section 84 of the 1984 Act for the purposes of this Order, if it was manufactured prior to the date of the coming into force of this Order."

    6.    Schedule 1 shall be omitted.

    7.    For Schedule 2 to the principal Order there shall be substituted the Schedule set out in the Schedule to this Order.

Ian Taylor

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

2nd October 1995

[1] S.I. 1988/1215. back

[2] 1967 c. 72; section 7 was amended by the Telecommunications Act 1984 (c. 12), section 77. back

[3] 1984 c. 12. back

[4] The European Telecommunications Standards Institue (ETSI) was set up in 1988 as the joint intiative of the European Commission and the European Postal and Telecommunications Conference (CEPT). back

Explanatory Note