2005 No. 3481
The Wireless Telegraphy (Inspection and Restrictions on Use of Exempt Stations and Apparatus) Regulations 2005
Made
Laid before Parliament
Coming into force
These Regulations are made in exercise of the powers conferred on the Office of Communications (“OFCOM”) by section 3(1)(a) and (b) of the Wireless Telegraphy Act 19491 (“the 1949 Act”);
Under section 403(4)(a) of the Communications Act 20032 (“the 2003 Act”), as applied by section 16(1A) of the 1949 Act, OFCOM have given notice of their proposal to make these Regulations;
Under section 403(4)(b) of the 2003 Act, as applied by section 16(1A) of the 1949 Act, OFCOM have published notice of their proposal;
Under section 403(4)(c) of the 2003 Act, as applied by section 16(1A) of the 1949 Act, OFCOM have considered the representations made to them before the time specified in the notice3;
As required by section 3(2A)4 of the 1949 Act, the Secretary of State has given his approval for the making of these Regulations by OFCOM;
Accordingly OFCOM makes the following Regulations—
Citation and commencement1
These Regulations shall be cited as the Wireless Telegraphy (Inspection and Restrictions on Use of Exempt Stations and Apparatus) Regulations 2005 and shall come into force on 31st January 2006.
Interpretation2
In these Regulations—
“2003 Regulations” means the Wireless Telegraphy (Exemption) Regulations 20035;
“authorised person” means a person authorised by the Office of Communications for the purpose of these Regulations.
Revocation3
Regulation 6 (inspection and restrictions on use) of the 2003 Regulations is revoked.
Inspection and restrictions on use of exempt stations and apparatus4
1
This regulation applies where an authorised person has reasonable cause to believe that the establishment or use of any station for wireless telegraphy or the installation or use of any apparatus for wireless telegraphy which is exempt from the provisions of section 1(1) of the Wireless Telegraphy Act 1949 by virtue of—
a
regulation 3 of the Wireless Telegraphy (Radio Frequency Identification Equipment) (Exemption) Regulations 20056; or
b
regulation 4(1) of the 2003 Regulations,
does not comply with the terms, provisions or limitations of the exemption.
2
Any person who is in possession or control of the station or apparatus shall, on the demand of that authorised person—
a
permit and facilitate its inspection by that authorised person; and
b
cause its use to—
i
cease; or
ii
be restricted in the manner specified by that authorised person,
for a period of time ending either on a date specified by that authorised person or on the occurrence of an event specified by that authorised person.
3
An authorised person exercising powers under paragraph (2) shall produce evidence of his authority, if so required by the person in possession or control of the station or apparatus.
I approve the making of these Regulations by the Office of Communications
(This note is not part of the Regulations)