84 Approval of wireless telegraphy apparatus etc.U.K.
(1)Where any of the following instruments, namely—
(a)any licence granted under section 1 of the 1949 Act (licensing of wireless telegraphy),
(b)any regulations made under that section,
(c)any regulations made under section 10 of that Act (regulations as to radiation of electro-magnetic energy etc.),
(d)any order made under section 7 of the 1967 Act (restriction on dealings in and custody of certain apparatus), or
(e)any authority given for the purposes of that section,
contains any provision which is framed by reference to relevant apparatus for the time being approved under this section for the purposes of that instrument, such apparatus may be approved for those purposes by the [F1relevant authority].
In this subsection “relevant apparatus” means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus.
(2)A person applying for an approval under this section may be required by the [F1relevant authority] to comply with such requirements as the [F1relevant authority] may think appropriate; and those requirements may include a requirement to satisfy some other person with respect to any matter.
(3)An approval under this section may apply either to particular apparatus or to any apparatus of a description specified in the approval, and may so apply either for the purposes of a particular instrument falling within any of paragraphs (a) to (e) of subsection (1) above or for the purposes of instruments falling within any of those paragraphs of a description so specified.
(4)An approval under this section may specify conditions which must be complied with if the approval is to apply, for any purposes specified in the approval, to any apparatus which is so specified or is of a description so specified, and any such condition may impose on the person to whom the approval is given a requirement from time to time to satisfy any person with respect to any matter.
(5)The [F1relevant authority] may at any time vary or withdraw any approval given by [F2the relevant authority] under this section.
(6)A person appointed by the [F1relevant authority] may exercise any function conferred on the [F1relevant authority] by the preceding provisions of this section to such extent and subject to such conditions as may be specified in the appointment.
(7)The [F1relevant authority] may by order provide for the charging of fees in respect of the exercise of any function in pursuance of this section by or on behalf of the [F1relevant authority]; and an appointment under subsection (6) above may authorise the person appointed to retain any fees received by him in pursuance of any such order.
(8)Nothing in subsection (7) above shall preclude a person (not being the [F1relevant authority] or a person acting on [F3the relevant authority's] behalf) by whom any matter falls to be determined for the purposes of any requirement imposed in pursuance of subsection (2) or (4) above from charging any fee in respect of the carrying out of any test or other assessment made by him.
[F4(8A)Subject to subsection (8B), in this section “the relevant authority” means—
(a)in such cases as may be specified in an order made by the Secretary of State, the Secretary of State; and
(b)in any other case, OFCOM.
(8B)Where an application for the purposes of this section is made to the Secretary of State or OFCOM and it appears to the person to whom it is made that it should have been made to the other—
(a)that person shall refer the application to the other; and
(b)the application shall be proceeded with as if made to the person to whom it is referred.]
(9)Any sums received by the Secretary of State under this section shall be paid into the Consolidated Fund.
Textual Amendments
F1Words in s. 84 substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 67(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)
F2Words in s. 84(5) substituted by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 67(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)
F3Words in s. 84(8) substituted by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 67(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)
F4S. 84(8A)(8B) inserted by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 67(5) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)