The Wireless Telegraphy (Control of Interference from Apparatus) (The London Olympic Games and Paralympic Games) Regulations 2012

Statutory Instruments

2012 No. 1519

Electromagnetic Compatibility

The Wireless Telegraphy (Control of Interference from Apparatus) (The London Olympic Games and Paralympic Games) Regulations 2012

Made

11th June 2012

Laid before Parliament

14th June 2012

Coming into force

23rd July 2012

The Office of Communications (“OFCOM”), in exercise of the powers conferred by sections 54(1) and 122(7) of the Wireless Telegraphy Act 2006(1), makes the following Regulations.

Before making the Regulations OFCOM have given notice of their proposal to do so in accordance with section 122(4)(a) of that Act, published notice of their proposal in accordance with section 122(4)(b) of that Act and have considered the representations made to them before the time specified in the notice in accordance with section 122(4)(c) of that Act.

The Secretary of State, in accordance with section 54(7) of that Act, has approved the making by OFCOM of these Regulations.

Citation, commencement and extent

1.  These Regulations may be cited as the Wireless Telegraphy (Control of Interference from Apparatus) (The London Olympic Games and Paralympic Games) Regulations 2012 and shall come into force on 23rd July 2012.

2.  These Regulations shall not extend to the Channel Islands or to the Isle of Man.

Interpretation

3.  In these Regulations—

“apparatus” means any finished appliance or combination of appliances made commercially available as a single functional unit, intended for the end user and liable to generate electromagnetic disturbance, or the performance of which is liable to be affected by such disturbance and which generates, or is designed to generate, or is liable to generate fortuitously, electromagnetic energy at frequencies not exceeding 3,000 gigahertz and includes—

(a)

components or sub-assemblies intended for incorporation into an apparatus by an end-user, which are liable to generate electromagnetic disturbance, or the performance of which is liable to be affected by such disturbance;

(b)

mobile installations defined as a combination of apparatus and, where applicable, other devices, intended to be moved and operated in a range of locations;

“essential requirements” means the requirements set out in regulations 4(1) and 4(2)(a) of the Electromagnetic Compatibility Regulations 2006(2);

“protection area” means, a circular area surrounding an Olympic or Paralympic sports venue which—

(a)

is named in column 1 of the Schedule; and

(b)

has a centre point at the location (expressed by latitude and longitude coordinates) in columns 2 and 3 (in the same row of the Schedule as the name) and a radius of the distance specified in column 4 (also in the same row of the Schedule as the name).

Requirement

4.  The requirement to be complied with, for the purposes of section 54(1) of the Wireless Telegraphy Act 2006 in the case of apparatus which is to be used, is set out in regulation 5.

Use of Apparatus during the London Olympic Games and Paralympic Games

5.—(1) The requirement is that between 26th July 2012 and 10th September 2012 apparatus must when in use operate at a sufficiently low intensity of electromagnetic energy such that it does not cause undue interference with wireless telegraphy used for public safety purposes within a protection area.

(2) The requirement applies even if the maximum intensity of electromagnetic energy emitted by that apparatus is lower than a level permissible under the essential requirements.

Radio Equipment and Telecommunications Terminal Equipment

6.  These Regulations do not apply to apparatus covered by Directive 1995/5/EC of the European Parliament and of the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity(3).

Ed Richards

Chief Executive of the Office of Communications

For and by the authority of the Office of Communications

11th June 2012

I approve the making of these Regulations by the Office of Communications

Jeremy Hunt

Secretary of State for Culture, Olympics, Media and Sport

Department for Culture, Media and Sport

11th June 2012

Regulation 3

SCHEDULE

Column 1 Protection area name	Column 2 Latitude	Column 3 Longitude	Column 4 Distance
London	51:30:14N	0:7:42W	35km
Eton Dorney	51:29:35.148N	0:39:44.535W	25km
Hampden Park	55:49:31.718N	4:15:2.717W	25km
Millennium Stadium	51:28:42.16N	3:10:52.289W	25km
Old Trafford	53:27:47.128N	2:17:25.234W	25km
St. James’ Park	54:58:31.902N	1:37:14.562W	25km
Lee Valley White Water Centre	51:41:14.802N	0:0:53.935W	25 km
Weymouth and Portland	50:36:21.637N	2:24:33.404W	25km
City of Coventry Stadium	52:26:50.723N	1:29:44.211W	25km
Hadleigh Farm	51:54:67N	0:59:91:14W	25km

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations require that, for the duration of the London 2012 Olympic and Paralympic Games, the intensity of the electromagnetic energy at which certain apparatus operates is such that it does not cause undue interference with wireless telegraphy apparatus used for public safety purposes within defined protection areas.

The Schedule to these Regulations specifies the protection areas.

Non compliance is a ground for OFCOM giving notice under section 55 of the Wireless Telegraphy Act 2006.

The approval of the Secretary of State has been given in accordance with section 54(7) of the Wireless Telegraphy Act 2006.

These Regulations were notified to the European Commission and to other member states in accordance with Directive 2004/108/EC of the European Parliament and of the Council on the approximation of the laws of Member States relating to electromagnetic compatibility (OJ No. L390, 31.12.2004, p.24) and Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations (OJ No L204 21.7.1998, p.37) as amended by Directive 98/48/EC (OJ No L217 5.8.1998, p.18).

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the OFCOM Library at Riverside House, 2a Southwark Bridge Road, London SE1 9HA (Tel: [phone]); on OFCOM’s website at www.ofcom.org.uk; and is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.

(1)

2006 c.36; sections 54 and 122(7) were extended, with modifications, to the Bailiwick of Guernsey by article 2 of the Wireless Telegraphy (Guernsey) Order 2006 (S.I. 2006/3325); and to the Bailiwick of Jersey by article 2 of the Wireless Telegraphy (Jersey) Order 2006 (S.I. 2006/3324); and to the Isle of Man by article 2 of the Wireless Telegraphy (Isle of Man) Order 2007 (S.I. 2007/278).

(2)

S.I. 2006/3418.

(3)

OJ No. L 91, 7.4.1999, p.10 as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284, 31.10.03, p.1).