- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Wireless Telegraphy Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
(1)OFCOM may by regulations authorise the transfer to another person by—
(a)the holder of a wireless telegraphy licence, or
(b)the holder of a grant of recognised spectrum access,
of rights and obligations arising as a result of such a licence or grant.
[F1(1A) Where the European Commission identifies a frequency under article 9b(3) of Directive 2002/21/ EC of the European Parliament and of the Council, OFCOM must ensure that regulations under subsection (1) authorise the transfer of a licence or grant relating to that frequency. ]
(2)The transfers that may be so authorised are—
(a)transfers of all or any of the rights and obligations under a licence or grant such that the rights and obligations of the person making the transfer become rights and obligations of the transferee to the exclusion of the person making the transfer;
(b)transfers of all or any of those rights and obligations such that the transferred rights and obligations become rights and obligations of the transferee while continuing, concurrently, to be rights and obligations of the person making the transfer; and
(c)transfers falling within either of paragraphs (a) and (b) under which the rights and obligations that are acquired by the transferee take effect—
(i)if they are rights and obligations under a wireless telegraphy licence, as rights and obligations under a grant of recognised spectrum access; and
(ii)if they are rights and obligations under a grant of recognised spectrum access, as rights and obligations under a wireless telegraphy licence.
(3)Regulations authorising the transfer of rights and obligations under a wireless telegraphy licence or a grant of recognised spectrum access may—
(a)authorise a partial transfer—
(i)to be made by reference to such factors and apportionments, and
(ii)to have effect in relation to such matters and periods,
as may be described in, or determined in accordance with, the regulations;
(b)by reference to such factors (including the terms and conditions of the licence or grant in question) as may be specified in or determined in accordance with the regulations, restrict the circumstances in which, the extent to which and the manner in which a transfer may be made;
(c)require the approval or consent of OFCOM for the making of a transfer;
(d)provide for a transfer to be effected by the surrender of a wireless telegraphy licence or grant of recognised spectrum access and the grant or making of a new one in respect of the transfer[F2, or in any other way];
(e)confer power on OFCOM to direct that a transfer must not be made, or is to be made only after compliance with such conditions as OFCOM may impose in accordance with the regulations;
(f)authorise OFCOM to require the payment to them of such sums as may be determined by or in accordance with the regulations—
(i)in respect of determinations made by OFCOM for the purposes of the regulations, or
(ii)in respect of an approval or consent given for those purposes;
(g)make provision for the giving of security (whether by the giving of deposits or otherwise) in respect of sums payable in pursuance of any regulations under this section;
(h)make provision as to the circumstances in which security given under such regulations is to be returned or may be retained;
[F3(i) impose requirements, of a kind specified in the regulations, as to the procedure to be followed for a transfer and, in particular, as to the notification about a transfer falling within subsection (2)(b) that must be given to OFCOM , both in advance of its being made and afterwards; ]
(j)impose requirements as to the records to be kept in connection with any transfer, and as to the persons to whom such records are to be made available;
(k)set out the matters to be taken into account in the making of determinations under regulations under this section.
[F4(3A) Regulations must make provision as to the notification about a transfer falling within subsection (2)(a) which is to be given to OFCOM and published, both in advance of the transfer being made and afterwards. ]
(4)The transfer of rights and obligations under a wireless telegraphy licence or grant of recognised spectrum access is void except to the extent that it is made—
(a)in accordance with regulations under this section; or
(b)in accordance with a provision falling within subsection (5).
(5)The provision is one which—
(a)is contained in a wireless telegraphy licence F5...
(b)allows the holder of the licence to confer the benefit of the licence on another in respect of any station or apparatus to which the licence relates.
(6)A transfer is also void if it is made in contravention of a direction given by OFCOMin exercise of a power conferred by regulations under this section.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: