- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (21/12/2020)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 31/12/2020
Point in time view as at 21/12/2020. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Wireless Telegraphy Act 2006, Section 115 is up to date with all changes known to be in force on or before 24 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)In this Act—
“artistic work” has the meaning given by section 4(1) of the Copyright, Designs and Patents Act 1988 (c. 48);
“associated facility” has the meaning given by section 32 of the Communications Act 2003 (c. 21);
[F1“the Audiovisual Media Services Directive” means Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services;]
“broadcast” (except in sections 35 to 38 and Part 5), means broadcast by wireless telegraphy, and cognate expressions are to be construed accordingly;
“business” includes a trade or profession;
“communications provider” has the same meaning as in the Communications Act 2003;
“contravention” includes a failure to comply, and cognate expressions are to be construed accordingly;
[F2“ dynamic spectrum access service ” has the meaning given by section 53A; ]
[F3“the EECC Directive” means Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code;]
“electric line” has the meaning given by section 64(1) of the Electricity Act 1989 (c. 29);
“electronic communications network” and “electronic communications service” have the meaning given by section 32 of the Communications Act 2003;
“emission”, in relation to electromagnetic energy, is to be construed in accordance with subsection (2);
“the enactments relating to the management of the radio spectrum” has the meaning given by section 405 of the Communications Act 2003;
“film” has the meaning given by section 5B(1) of the Copyright, Designs and Patents Act 1988 (c. 48);
“frequency” includes frequency band;
“grant of recognised spectrum access” means a grant made under section 18;
“information” includes accounts, estimates and projections and any document;
“interfere” and “interference”, in relation to wireless telegraphy, are to be construed in accordance with subsection (3);
“international obligation of the United Kingdom” includes any [F4EU] obligation and any obligation which will or may arise under any international agreement or arrangements to which the United Kingdom is party;
“literary, dramatic or musical work” has the same meaning as in Part 1 of the Copyright, Designs and Patents Act 1988;
“modification” includes omissions, alterations and additions, and cognate expressions are to be construed accordingly;
“OFCOM” means the Office of Communications;
“radio spectrum functions”, in relation to OFCOM, means their functions under the enactments relating to the management of the radio spectrum;
“receiving apparatus” means wireless telegraphy apparatus that is not designed or adapted for emission (as opposed to reception);
[F5“satellite uplink apparatus” means wireless telegraphy apparatus, the purpose of which is to emit, to one or more satellites, energy to which section 116(2) applies;]
[F5“satellite uplinker” means a person who operates satellite uplink apparatus, but where a person is employed or engaged to operate satellite uplink apparatus under the direction or control of another person, references to a satellite uplinker are references only to that other person;]
“ship” includes every description of vessel used in navigation;
“sound recording” has the meaning given by section 5A(1) of the Copyright, Designs and Patents Act 1988;
“speech” includes lecture, address and sermon;
“supply”, in relation to any item, is to be construed in accordance with subsection (6);
“UK territorial sea” means the territorial sea adjacent to the United Kingdom;
“wireless telegraphy” is to be construed in accordance with section 116;
“wireless telegraphy apparatus” is to be construed in accordance with section 117;
“wireless telegraphy licence” means a licence granted under section 8;
“wireless telegraphy station” is to be construed in accordance with section 117.
(2)A reference in this Act to the emission of electromagnetic energy, or to emission (as opposed to reception), includes a reference to the deliberate reflection (whether continuous or intermittent) of electromagnetic energy by means of apparatus designed or specially adapted for the purpose.
(3)For the purposes of this Act, wireless telegraphy is interfered with if the fulfilment of the purposes of the telegraphy is prejudiced (either generally or in part and, in particular, as respects all, or as respects any, of the recipients or intended recipients of a message, sound or visual image intended to be conveyed by the telegraphy) by an emission or reflection of electromagnetic energy.
(4)Interference with any wireless telegraphy is not to be regarded as undue for the purposes of this Act unless it is also harmful.
(5)For the purposes of this Act interference is harmful if—
(a)it creates dangers, or risks of danger, in relation to the functioning of any service provided by means of wireless telegraphy for the purposes of navigation or otherwise for safety purposes; or
(b)it degrades, obstructs or repeatedly interrupts anything which is being broadcast or otherwise transmitted—
(i)by means of wireless telegraphy; and
(ii)in accordance with a wireless telegraphy licence, regulations under section 8(3) or a grant of recognised spectrum access or otherwise lawfully.
(6)Section 46 of the Consumer Protection Act 1987 (c. 43) has effect for the purpose of construing references in this Act to the supply of any thing as it has effect for the purpose of construing references in that Act to the supply of goods.
(7)In this Act (except Part 5) a reference to the sending or conveying of a message includes a reference to the making of a signal or the sending or conveying of a warning or information, and a reference to the reception of a message is to be construed accordingly.
(8)A reference in this Act to apparatus on board a ship includes a reference to apparatus on a kite or captive balloon flown from a ship.
Textual Amendments
F1Words in s. 115(1) substituted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 51
F2Words in s. 115(1) inserted (31.7.2017) by Digital Economy Act 2017 (c. 30), ss. 8(3), 118(6); S.I. 2017/765, reg. 2(c)
F3Words in s. 115(1) inserted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 88
F4Word in s. 115(1) substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with art. 3(2)(3)4(2)6(4)6(5))
F5Words in s. 115 inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 13(5), 13(7)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys