The Wireless Telegraphy (Cordless Telephone Apparatus) (Restriction and Marking) Order 1999

Citation and commencement

1.  This Order may be cited as the Wireless Telegraphy (Cordless Telephone Apparatus) (Restriction and Marking) Order 1999 and shall come into force on 1st December 1999.

Revocation

2.  The Wireless Telegraphy (Cordless Telephone Apparatus) (Restriction and Marking) Order 1992(1) is hereby revoked.

Interpretation

3.—(1) In this Order–

“the 1949 Act” means the Wireless Telegraphy Act 1949(2);

“the 1967 Act” means the Wireless Telegraphy Act 1967;

“the 1984 Act” means the Telecommunications Act 1984;

“the 1999 Regulations” means the Wireless Telegraphy (Exemption) Regulations 1999(3);

“CT1” means cordless telephone apparatus described in paragraph 1 or 2 (as the case may be) of Part III of Schedule 4 to the 1999 Regulations which is exempt from the provisions of section 1(1) of the 1949 Act by virtue of the 1999 Regulations;

“cordless telephone apparatus” means wireless telegraphy apparatus consisting of a base station and one or more mobile stations where–

(a)

each of such stations is designed or adapted to be used–

(i)

to send verbal messages conveyed over a telecommunication system; and

(ii)

to receive verbal messages conveyed over a telecommunication system; and

(b)

the base station only is capable of being connected to a telecommunication system;

“exempt cordless telephone apparatus” means a CT1 or an extended range CT1;

“extended range CT1” means cordless telephone apparatus described in paragraph 3 of Part III of Schedule 4 to the 1999 Regulations which is exempt from the provisions of section 1(1) of the 1949 Act by virtue of the 1999 Regulations;

“MPT 1322” means Department of Trade and Industry Performance Specification MPT 1322 published in August 1982 and revised and reprinted in August 1994;

“MPT 1371” means Department of Trade and Industry Performance Specification MPT 1371 published in May 1989 and revised and reprinted in August 1994;

“MPT 1384” means Department of Trade and Industry Performance Specification MPT 1384 published in November 1997; and

“restricted cordless telephone apparatus” means cordless telephone apparatus which–

(a)

is designed or adapted for use on frequencies not exceeding 853 MHz; and

(b)

is not exempt cordless telephone apparatus.

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

Actions restricted

4.—(1) The following actions in relation to restricted cordless telephone apparatus are hereby restricted for the purposes of section 7 of the 1967 Act–

(a) manufacture (whether or not for sale);

(b) selling or offering for sale, letting on hire or offering to let on hire, or indicating (whether by display of the apparatus or by any form of advertisement) one’s willingness to sell or let on hire;

(c) having in one’s custody or control; and

(d) importation.

(2) Nothing in this article prevents having in one’s custody or control and importation of restricted cordless telephone apparatus for the sole purpose of re-export from the United Kingdom.

Marking

5.—(1) Exempt cordless telephone apparatus shall be marked in accordance with the requirements specified in the Schedule.

(2) No person shall in the course of any trade or business supply or offer to supply any exempt cordless telephone apparatus which does not comply with the requirements referred to in paragraph (1).

Channel Islands and Isle of Man

6.  This Order shall not extend to the Channel Islands and the Isle of Man.

Patricia Hewitt

Minister of State for Small Business and E-Commerce,

Department of Trade and Industry

27th October 1999