The Telecommunications Terminal Equipment Regulations 1992

Interpretation

3.—(1) In these Regulations, the “TTE Directive” means Council Directive 91/263/EEC on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity(1).

(2) In these Regulations—

“the 1984 Act” means the Telecommunications Act 1984;

“additional approval” means an additional approval issued by—

(a)

a United Kingdom notified body pursuant to regulation 21 below; or

(b)

a notified body appointed by a member State other than the United Kingdom pursuant to point 6 of Annex I of the TTE Directive;

“applicable terminal equipment” shall be construed in accordance with regulation 4(2) to (6) below;

“approved product” means a type, or any of the several versions thereof, in respect of which an EC type-examination certificate is in force;

“authorised representative” means a person established within the Community appointed by the manufacturer (whether or not established within the Community) to act on his behalf;

“CE mark” has the meaning given by regulation 10(5)(a) below;

“the Commission” means the Commission of the European Communities;

“the Community” means the European Economic Community;

“conformity assessment requirements” shall be construed in accordance with regulation 9 below;

“conformity to type” shall be construed in accordance with regulation 24 below;

“connection-capable equipment” has the meaning given by regulation 4(4) below;

“connection marking requirements” shall be construed in accordance with regulation 10 below;

“connection symbol” has the meaning given by regulation 10(5)(c) below;

“the Council” means the Council of the European Communities;

“Council Directive 86/361/EEC” means Council Directive 86/361/EEC on the initial stage of the mutual recognition of type approval for telecommunications terminal equipment(2);

“designated test laboratory” has the meaning given by regulation 57(b) below;

“EC declaration of conformity” means a written declaration that applicable terminal equipment satisfies the relevant requirements of the TTE Directive drawn up by a manufacturer who has chosen to comply with the conformity assessment requirements pursuant to the EC declaration of conformity procedure pursuant to point 1 of Annex IV to the TTE Directive;

“EC declaration of conformity procedure” shall be construed in accordance with regulations 9(b) and 38(2) below;

“EC declaration of conformity to type” means a written declaration that applicable terminal equipment conforms with a type or modification as the case may be drawn up by a manufacturer (or, in the case of (a) below, alternatively by his authorised representative) who has chosen to comply with the conformity assessment requirements pursuant to the EC type-examination procedure pursuant to—

(a)

point 1 of Annex II to the TTE Directive where he has carried out conformity to type; or

(b)

point 1 of Annex III to that Directive, where he has carried out production quality assurance;

“EC type-examination certificate” means an EC type-examination certificate issued in respect of a type by—

(a)

a United Kingdom notified body pursuant to regulation 18 below as varied, where applicable, pursuant to regulation 22 below; or

(b)

a notified body of a member State pursuant to point 5 of Annex I of the TTE Directive;

“EC type-examination procedure” shall be construed in accordance with regulations 9(a) and 14(1) below;

“enforcement authority” shall be construed in accordance with regulation 61 below;

“exempt terminal equipment” has the meaning given by regulation 6(3) below;

“full quality assurance” shall be construed in accordance with regulation 38(2) below;

“full quality assurance approved quality system” means a quality system for design, manufacture and final product inspection and testing which is for the time being approved by—

(a)

a United Kingdom notified body pursuant to regulation 43 below, as modified where applicable pursuant to regulation 45 or 47 below; or

(b)

a notified body of a member State other than the United Kingdom pursuant to point 3 of Annex IV of the TTE Directive, including, where applicable, as modified pursuant to point 3.4 of the said Annex,

for the purposes of the EC declaration of conformity procedure;

“intended purpose declaration” has the meaning given by regulation 12(4) below;

“the Low Voltage Directive” means Council Directive 73/23/EEC on the harmonization of the laws of the Member States relating to electrical equipment designed for use within certain voltage limits(3);

“modification” means a change to an approved product where the change may affect the conformity with the essential requirements or the prescribed conditions for use of the product;

“non-connection symbol” has the meaning given by regulation 12(1)(d)(ii) below;

“notified body” means a body for carrying out the certification, product checks and associated surveillance tasks pertaining to the procedures referred to in Article 9 of the TTE Directive which is—

(a)

for the time being a United Kingdom notified body pursuant to regulation 50 below; or

(b)

for the time being recognised, and notified to the Commission, as a notified body for the purposes of that Directive, by a member State other than the United Kingdom pursuant to Article 10.1 of that Directive;

“notified body symbol” has the meaning given by regulation 10(5)(b) below;

“production quality assurance” shall be construed in accordance with regulation 27 below;

“production quality assurance approved quality system” means a quality system for production, final product inspection and testing which is for the time being approved by—

(a)

a United Kingdom notified body pursuant to regulation 31 below, as modified where applicable pursuant to regulation 33 or 35 below; or

(b)

a notified body of a member State other than the United Kingdom pursuant to point 3 of Annex III of the TTE Directive, including, where applicable, as modified pursuant to point 3.4 of the said Annex,

for the purposes of the production quality assurance part of the type-examination procedure;

“public telecommunications network” means—

(a)

in the United Kingdom, all public telecommunication systems; and

(b)

in any member State other than the United Kingdom, the public telecommuni-cations infrastructure which permits the conveyance of signals between defined network termination points by wire, by microwave, by optical means or by other electromagnetic means and which is recognised as a public telecommunications network in accordance with the laws of that member State;

“public telecommunication system” means any telecommunication system for the time being designated as a public telecommunication system by order made under section 9 of the 1984 Act;

“radio” means wireless telegraphy as defined in section 19(1) of the Wireless Telegraphy Act 1949;

“radio connection-capable equipment” has the meaning given by regulation 4(6) below;

“radio frequency spectrum” means that part of the electromagnetic spectrum at frequencies not exceeding 3,000 GHz;

“recognised test laboratory” has the meaning given by regulation 57(a) below;

“responsible person” means—

(a)

in relation to equipment manufactured in the United Kingdom, the manufacturer;

(b)

in relation to equipment manufactured outside the United Kingdom which is supplied or put into service, whichever is the earlier, without previously having been supplied or put into service in another member State, the manufacturer’s authorised representative established in the United Kingdom or the supplier or person who puts the equipment into service, as the case may be;

“supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and cognate expressions shall be construed accordingly;

“technical documentation” means such documentation as is necessary to enable the conformity of a type (or all the versions thereof, where applicable) with the essential requirements to be assessed, and, without prejudice to the generality of the foregoing, so far as is relevant for such assessment, documentation covering the design, manufacture and operation of the product; and “additional technical documentation” in relation to a modification means such documentation, when taken together with the technical documentation in respect of the approved type from which the modification derives, as is necessary to enable the conformity of the modification with the essential requirements or the prescribed conditions for use to be assessed;

“telecommunication apparatus”, “telecommunication service” and “telecommunication system” have the meanings respectively given by section 4 of the 1984 Act;

“third country relevant body” has the meaning given by regulation 57(c) below; and

“type” means a specimen of applicable terminal equipment, representative of the production envisaged, and a type may cover several versions of the product provided that the differences between the versions do not affect the level of safety and the other requirements concerning the performance of the product, and “ version” shall be construed accordingly.

(3) For the purposes of these Regulations, a common technical regulation is a measure adopted by the Commission in accordance with Article 6.2 of the TTE Directive, a reference of which has been published in the Official Journal of the European Communities, and which may be applied by any person from the date of such publication, and shall be applied from the date specified in it.

(4) For the purposes of these Regulations—

(a) a harmonized standard (except in regulations 31(2), 43(2), 51(3) and 58(10)) is a technical specification (European standard or harmonization document)—

(i) adopted for the purposes of Article 6.1 of the TTE Directive on the basis of a remit from the Commission in accordance with the provisions of Directive 83/189/EEC(4) by one of the bodies competent to adopt harmonized standards, that is to say—

(aa) the European Committee for Standardization (CEN);

(bb) the European Committee for Electrotechnical Standardization (CENELEC); or

(cc) the European Telecommunications Standards Institute (ETSI); and

(ii) the reference number of which has been published in the Official Journal of the European Communities pursuant to that sub-article and which has not been withdrawn from the said Official Journal pursuant to Article 7 of the TTE Directive; and

(b) a relevant national standard is a standard—

(i) of a member State which implements a harmonized standard; and

(ii) in the case of a national standard of the United Kingdom, the reference number of which has been published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes in recognition of it as such and not withdrawn by means of a further such notice.

(5) For the purposes of these Regulations, terminal equipment shall be regarded as connected to a public telecommunications network, whether the system of connection may be by wire, radio, optical or other electromagnetic system, if—

(a) it is directly connected thereto, that is to say, it would be regarded as connected thereto for the purposes of the 1984 Act in accordance with section 4 thereof; or

(b) it is connected indirectly thereto, that is to say, it is not connected directly thereto but would be regarded as connected thereto for the purposes of the 1984 Act were section 4(6) omitted therefrom,

and “connected”, “connected directly” and “connected indirectly”, and expressions cognate to those expressions, shall be construed accordingly.

(1)

OJ No. L128, 23.5.91, p.1.

(2)

OJ No. L217, 5.8.86, p.21.

(3)

OJ No. L77, 26.3.73, p.29. The Low Voltage Directive was implemented by S.I. 1989/728.

(4)

OJ No. L109, 26.4.83, p.8, Council Directive 83/189/EEC was amended by Council Directive 88/182/EEC (OJ No. L81, 26.3.88, p.75).