Wireless Telegraphy Act 2006

62 Restriction orders

(1) This section applies to wireless telegraphy apparatus and to apparatus designed or adapted for use in connection with wireless telegraphy apparatus.

(2) Where it appears to OFCOM to be expedient to do so for the purpose of preventing or reducing the risk of interference with wireless telegraphy, they may make an order (a “restriction order”) imposing restrictions in relation to apparatus to which this section applies of a class or description specified in the order.

(3) The restrictions may relate to the following actions—

(a) the manufacture of apparatus (whether or not for sale);

(b) selling apparatus or offering it for sale;

(c) letting apparatus on hire or offering to let it on hire;

(d) indicating (whether by displaying apparatus or by any form of advertisement) willingness to sell apparatus or to let it on hire;

(e) having custody or control of apparatus;

(f) the importation of apparatus.

(4) A restriction order must specify, in the case of apparatus of any class or description specified in the order, what actions are restricted by it.

(5) An action for the time being restricted by a restriction order is prohibited by this section unless—

(a) an authority given by OFCOM relates to it; and

(b) it complies with any terms and conditions that OFCOM attach to the authority.

(6) The approval of the Secretary of State is required for the making by OFCOM of an order under this section.

(7) A statutory instrument containing an order made by OFCOM under this section is subject to annulment in pursuance of a resolution of either House of Parliament.