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Wireless Telegraphy Act 2006

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This is the original version (as it was originally enacted).

54Regulations about use and sale etc of apparatus

(1)OFCOM may make regulations prescribing the requirements to be complied with in the case of apparatus specified in the regulations, if the apparatus is to be used.

(2)OFCOM may make regulations prescribing the requirements to be complied with in the case of apparatus specified in the regulations, if the apparatus is to be—

(a)sold otherwise than for export,

(b)offered or advertised for sale otherwise than for export, or

(c)let on hire, or offered or advertised for letting on hire,

by a person who manufactures, assembles or imports such apparatus in the course of business.

(3)The requirements prescribed under subsection (1) or (2) are to be such requirements as OFCOM think fit for the purpose of ensuring that the use of the apparatus does not cause undue interference with wireless telegraphy.

(4)In particular, the requirements may include—

(a)requirements as to the maximum intensity of electromagnetic energy of specified frequencies that may be radiated in any direction from the apparatus while it is being used;

(b)in the case of apparatus the power for which is supplied from electric lines, requirements as to the maximum electromagnetic energy of specified frequencies that may be injected into those lines by the apparatus.

(5)The apparatus which may be specified in the regulations under subsection (1) or (2) is apparatus which generates, or is designed to generate, or is liable to generate fortuitously, electromagnetic energy at frequencies not exceeding 3,000 gigahertz.

(6)In a case where apparatus does not comply with the requirements applicable to it under regulations made under subsection (1) or (2), a person does not act unlawfully only because—

(a)he uses the apparatus, or

(b)he sells it, or offers or advertises it for sale, or lets it on hire or offers or advertises it for letting on hire.

But the non-compliance is a ground for the giving of a notice under section 55 or 56.

(7)The approval of the Secretary of State is required for the making by OFCOM of regulations under this section.

(8)A statutory instrument containing regulations made by OFCOM under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

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