The Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) (Amendment) Order 2000

Amendment

3.  The Principal Order is hereby amended as follows—

(a) in article 3—

(i) the following definition shall be inserted after the definition of “the 1984 Act”—

““the Directive” means Directive 1999/5/EC of the European Parliament and of the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity(1);”;

(ii) “and” at the end of the definition of “MPT 1333” shall be deleted, and “January 1997; and” shall be substituted for “January 1997.” at the end of the definition of “MPT 1382”; and

(iii) the following definition shall be inserted after the definition of “MPT 1382”—

““United Kingdom Radio Interface Requirement (IR)” means the interface requirement published by the Radiocommunications Agency of the Department of Trade and Industry (RA) in accordance with Article 4.1 of the Directive.”;

(b) “prior to 1st May 2000” shall be inserted after “CB apparatus” in the second line of article 4(1);

(c) the following paragraphs shall be inserted after article 4(1)—

“(1A) After 30th April 2000, subject to paragraphs (1B) and (4) of this article, no person shall take any of the actions listed in paragraph (3) in relation to CB apparatus unless such apparatus complies with IR 2027 entitled “UK Radio Interface Requirement for CB Transmitters and Receivers for Use in the Citizens' Band Radio Service” published by RA in March 2000, provided that paragraph (3) shall not apply to CB apparatus which complies with article 4(1)(a) to (c) as appropriate and in respect of which the relevant restricted action listed in paragraph (3) has occurred prior to 8th April 2001.

(1B) Notwithstanding paragraph (1A) of this article, a person may have CB apparatus which complies with article 4(1)(a) to (c) as appropriate in his custody or control or undertake second-hand sale and advertisement of such apparatus if the relevant restricted action listed in paragraph (3) has occurred in relation thereto prior to 8th April 2001.”;

(d) article 4(2) shall be deleted; and

(e) “which complies with article 4(1)(a) to (c) as appropriate prior to 1st May 2000 and in respect of which the relevant restricted action listed in paragraph (3) has occurred prior to 8th April 2001” shall be inserted between “CB apparatus” and “shall be marked” in article 5(1).

(1)

O.J. No. L91, 7.4.99, p. 10; the Directive was largely implemented in the United Kingdom by the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 (S.I. 2000/730).