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The Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) Order 1998

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Explanatory Note

(This note is not part of the Order)

This Order, which revokes and replaces the Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) Order 1988 (S.I. 1988/1215) and the Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) (Amendment) Order 1995 (S.I. 1995/2588), restricts the import, manufacture, sale, hire, offer or advertisement for sale or hire, custody and control of certain specified Citizens' Band (“CB”) radio apparatus and the import and manufacture of certain specified amateur radio apparatus. The restrictions do not prevent, however, having custody or control and importation of CB apparatus and also importation of such amateur radio apparatus for the sole purpose of re-export from the United Kingdom (article 4(4)).

The CB apparatus restricted is that which is designed or adapted, or has facilities permitting its adaptation, for the purpose of transmitting spoken messages in the frequency band 26.1 MHz to 28 MHz. Within this band, CB apparatus operating in the frequency bands 26.960–27.410 MHz and 27.59625–27.99625 MHz is restricted unless it operates only on one or more of the frequencies specified in Department of Trade and Industry Performance Specifications MPT 1320 or MPT 1382 as appropriate or is type approved under section 84 of the Telecommunications Act 1984 (c. 12; “the 1984 Act”).

CB apparatus which operates solely in the frequency band 26.960–27.410 MHz has to comply with European Telecommunications Standard ETS 300 135 either by being type approved under section 84 of the 1984 Act or by being type approved in certain other specified countries in order not to be restricted. CB apparatus operating in this frequency band which was manufactured before 27th October 1995 may still be used providing it was type approved under section 84 of the 1984 Act at the time of manufacture and thus complied with either ETS 300 135 or MPT 1333. Performance Specifications MPT 1320 and MPT 1333 have now been withdrawn.

The manufacture and importation of amateur radio apparatus which operates only in the frequency band 28 MHz to 29.7 MHz is also restricted (article 4(2)).

Under article 5 of the Order, CB apparatus is required to be marked to show compliance with the requirements of the Order in the manner indicated in Schedule 2.

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 Wireless Telegraphy Act 1949 (c. 54) and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Copies of MPTs 1320, 1333 and 1382 may be obtained from the Radiocommunications Agency Library at New King’s Beam House, 22 Upper Ground, London SE1 9SA (Tel: 0171-211 0211).

Copies of ETS 300 135 may be obtained from the British Standards Institution, 389 Chiswick High Road, London W4 4AL (Tel: 0181-996 7000).

In addition to the requirements set out in this Order, CB and amateur 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.

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