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

Explanatory Note

(This note is not part of the Order)

This Order revokes and replaces the Wireless Telegraphy (Cordless Telephone Apparatus) (Restriction and Marking) Order 1992 (S.I. 1992/2009).

That Order imposed restrictions on all cordless telephone apparatus operating on frequencies not exceeding 853 MHz except for that which is exempt from wireless telegraphy licensing under section 1 of the Wireless Telegraphy Act 1949 (c. 54; “the 1949 Act”) pursuant to the Wireless Telegraphy (Exemption) Regulations 1999 (S.I. 1999/930). This Order continues the exception from the restrictions for such apparatus, and also excepts cordless telephone apparatus which conforms to Department of Trade and Industry Performance Specification MPT 1384.

This Order restricts the importation, manufacture, sale, hire, offer or advertisement for sale or hire, custody and control of the apparatus which is not exempt from the requirement for a licence under section 1 of the 1949 Act and which is not designed for use on frequencies exceeding 853 MHz (article 4(1)). The restrictions do not prevent, however, having custody or control and importation of restricted cordless telephone apparatus for the sole purpose of re-export from the United Kingdom (article 4(2)).

Under article 5 of the Order, exempt cordless telephone apparatus (as defined in article 3(1)) is required to be marked to show compliance with the requirements of the Order in the manner indicated in the Schedule.

Under section 7 of the Wireless Telegraphy Act 1967 (c. 72), the Secretary of State may by authority limit the effect of the Order in the manner specified in the authority. Apparatus which is held in breach of the Order or an authority is liable to seizure and may be subject to forfeiture. A person who contravenes the Order or an authority may be guilty of an offence under the 1949 Act and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Copies of MPTs 1322, 1371 and 1384 may be obtained from the Radiocommunications Agency Library at Wyndham House, 189 Marsh Wall, London E14 9SX (Tel: [phone]). The Agency’s Internet web site is: www.radio.gov.uk

In addition to the requirements set out in this Order, exempt cordless telephone apparatus which is available commercially has to comply with the requirements of the Electromagnetic Compatibility Regulations 1992 (S.I. 1992/2372, as amended by S.I. 1994/3080 and S.I. 1995/3180) from 1st January 1996 before being supplied or taken into service.