The Wireless Telegraphy (Network User Stations) (Exemption) Regulations 1997

Citation and commencement

1.  These Regulations may be cited as the Wireless Telegraphy (Network User Stations) (Exemption) Regulations 1997 and shall come into force on 1st October 1997.

Interpretation

2.—(1) In these Regulations—

“the 1949 Act” means the Wireless Telegraphy Act 1949;

“the 1984 Act” means the Telecommunications Act 1984;

“authorised person” means any person authorised by the Secretary of State for the purposes of regulation 5;

“BABT” means the British Approvals Board for Telecommunications(1);

“Common Technical Regulation (CTR)” shall be construed in accordance with regulation 3(3) of the Telecommunications Terminal Equipment Regulations 1992(2);

“EN45001 and EN45002” means European Standards (Normes Europeene) EN45001 and EN45002 published in September 1989 by the British Standards Institution;

“ETSI” means the European Telecommunications Standards Institute(3);

“ISO guides 25 and 58” means the International Organization for Standardization Guides 25 and 58 published by the International Organization for Standardization in 1990 and 1993 respectively;

“MPT 1324” means Department of Trade and Industry Performance Specification 1324 referred to in Part III of Schedule 2;

“MPT 1326” means Department of Trade and Industry Performance Specification 1326 referred to in Part IV of Schedule 2;

“NTR 13” means Designation No. 95/037 NTR 13 given under section 22(6) of the 1984 Act by the Secretary of State on 14th December 1995;

“relevant network” means a telecommunication system consisting exclusively of stations established and used under and in accordance with a licence, which has been granted under section 1(1) of the 1949 Act by the Secretary of State and is of a type specified in Schedule 1; and

“user station” means a mobile station for wireless telegraphy designed or adapted—

(a)

to be connected by wireless telegraphy to one or more relevant networks; and

(b)

to be used solely for the purpose of sending and receiving messages conveyed by a relevant network by means of wireless telegraphy.

(2) In these Regulations, “connected”, “convey” and “telecommunication system” shall be construed in accordance with section 4 of the 1984 Act.

Exemption

3.  Subject to regulation 4, the establishment and use of user stations are hereby exempted from the provisions of section 1(1) of the 1949 Act.

Terms, provisions and limitations

4.  The exemption provided for in regulation 3 shall be subject to the terms, provisions and limitations that—

(a) the user stations shall not cause or contribute to any undue interference to any wireless telegraphy; and

(b) the user station is subject to and complies with the Common Technical Regulations referred to in Part I of Schedule 2 as appropriate, failing which such user station:

(i) is for the time being approved by the Secretary of State under section 84 of the 1984 Act for the purposes of these Regulations; or

(ii) is approved to the ETSI standards or the draft ETSI standards referred to in Parts I to IV of Schedule 2 as appropriate by the national administration of a country listed in Part V of that Schedule following type testing at a test laboratory, which has been accredited in accordance with ISO guides 25 and 58 or EN45001 and EN45002 or a national standard conforming to ISO guides 25 and 58 or EN45001 and EN45002; or

(iii) complies with the requirements of MPT 1324 or MPT 1326 as appropriate; or

(iv) complies with the BABT performance standards relating to such user station referred to in Part III of Schedule 2 as appropriate,

provided that sub-paragraph (i) above shall not apply in relation to user stations situated in the Bailiwick of Jersey.

Inspection and restrictions on use

5.—(1) Where an authorised person has reasonable cause to believe that a user station is not complying with regulation 4, any person who is in possession or control of the user station shall, on the demand of that authorised person—

(a) permit and facilitate its inspection by that authorised person; and

(b) cause its use to—

(i) cease; or

(ii) be restricted in the manner specified by that authorised person,

for a period of time ending either on a date or on the occurrence of an event specified by that authorised person.

(2) Any authorised person exercising powers under paragraph (1) above shall produce evidence of his authority, if so required by the person in possession or control of the user station.

Barbara Roche

Parliamentary Under Secretary of State for Small Firms, Trade and Industry

Department of Trade and Industry

2nd September 1997