(1)This section applies to wireless telegraphy apparatus and to any apparatus designed or adapted for use in connection with wireless telegraphy apparatus.
(2) Where it appears to [F2OFCOM] to be expedient to do so for the purpose of preventing or reducing the risk of interference with wireless telegraphy, [F2they] may make an order applying restrictions under this section in relation to apparatus to which this section applies of any class or description specified in the order.
(3)Any of the following actions in relation to any such apparatus is subject to restriction under this section—
(a)manufacture (whether or not for sale);
(b)selling or offering for sale, letting on hire or offering to let on hire, or indicating (whether by display of the apparatus or by any form of advertisement) one’s willingness to sell or let on hire;
(c)having in one’s custody or control; and
(d)importation.
(4)An order under this section shall specify such of the actions subject to restriction under this section as are restricted by the order in the case of apparatus of any class or description specified in the order.
(5)Any action for the time being restricted by an order under this section in the case of any apparatus is prohibited by this section—
(a)save with the authority of [F3OFCOM] and subject to compliance with any terms and conditions attached by [F3OFCOM] to that authority; or
(b)in the case of action within subsection (3)(c) above, save as mentioned in paragraph (a) above or as otherwise authorised by law apart from this section.
(6)An authority given by [F3OFCOM] for the purposes of this section in the case of apparatus of any class or description specified in an order under this section may be limited—
(a)to such of the actions restricted by the order; and
(b)to such subsidiary class or description of apparatus within the class or description specified in the order;
as may be specified in the authority.
(7)Any terms or conditions attached by [F3OFCOM] to any authority under this section for manufacture or importation may relate to a period after, as well as to the time of, or a period before, the manufacture or importation.
(8)[F3OFCOM]’s authority may be given, and any terms or conditions may be attached to it, either generally by means of a notice in the London Gazette or by an instrument in writing issued to each person authorised to do, in relation to apparatus of any class or description to which an order under this section relates, anything for the time being restricted by the order; and any such notice published in the London Gazette shall also be published in the Edinburgh Gazette and the Belfast Gazette.
(9)[F3OFCOM] shall not make any order under this section or give any authority for the purposes of this section or attach any term or condition to any such authority, unless the [F3OFCOM] [F4 are satisfied ] that the order, authority, term or condition in question is compatible with the international obligations of the United Kingdom; and where any statutory instrument containing such an order or any notice or instrument in writing giving such an authority or attaching any term or condition to such an authority contains a statement that [F3OFCOM] [F4 are so satisfied ], that statement shall be evidence (and, in Scotland, sufficient evidence) of that fact.
(10) Where the importation of apparatus of any class or description to which this section applies is for the time being restricted by an order under this section, a person commissioned by the Commissioners of Customs and Excise may require any person having custody or control of any apparatus of that class or description which is being or has been imported to furnish proof that the importation of the apparatus is or was not unlawful by virtue of this section; and if such proof is not furnished to the satisfaction of those Commissioners the apparatus shall be deemed, unless the contrary is proved, to be prohibited goods, and shall be liable to forfeiture under the M1 Customs and Excise Management Act 1979,
(11)Any person who—
(a)takes any action within subsection (3)(a) or (b) above in relation to any apparatus in contravention of subsection (5) above; or
(b)without reasonable excuse has any apparatus in his custody or control in contravention of that subsection; or
(c)contravenes or fails to comply with any terms or conditions attached to any authority given by [F3OFCOM] for the purposes of this section (whatever the action to which that authority relates);
shall, without prejudice to any liability to a penalty which he may have incurred under the Act of 1979 mentioned above, be guilty of an offence under the principal Act.
[F5(11A) Section 403 of the Communications Act 2003 (procedure for regulations and orders made by OFCOM ) applies to the power of OFCOM to make an order under this section.
(11B)The approval of the Secretary of State is required for the making by OFCOM of an order under this section.
(11C) A statutory instrument containing an order made by OFCOM under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(11D) In this section “OFCOM" means the Office of Communications. ]
(12) For the avoidance of doubt, it is hereby declared that in this section “ manufacture ” includes construction by any method and the assembly of component parts. ]
Textual Amendments
F1 S. 7 substituted by Telecommunications Act 1984 (c. 12, SIF 96) , s. 77
F2 Words in s. 7(2) substituted (25.7.2003 for specified purposes and 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21) , s. 411(2) , Sch. 17 para. 37(2) (with Sch. 18 ); S.I. 2003/1900 , arts. 1(2) , 2(1) , Schs. 1 (with art. 3 ) (as amended by S.I. 2003/3142 , art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F3 Words in s. 7(5)-(11) substituted (25.7.2003 for specified purposes and 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21) , s. 411(2) , Sch. 17 para. 37(3) (with Sch. 18 ); S.I. 2003/1900 , arts. 1(2) , 2(1) , Schs. 1 (with art. 3 ) (as amended by S.I. 2003/3142 , art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F4 Words in s. 7(9) substituted (25.7.2003 for specified purposes and 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21) , s. 411(2) , Sch. 17 para. 37(4) (with Sch. 18 ); S.I. 2003/1900 , arts. 1(2) , 2(1) , Schs. 1 (with art. 3 ) (as amended by S.I. 2003/3142 , art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F5 S. 7 inserted (25.7.2003 for specified purposes and 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21) , s. 411(2) , Sch. 17 para. 37(5) (with Sch. 18 ); S.I. 2003/1900 , arts. 1(2) , 2(1) , Schs. 1 (with art. 3 ) (as amended by S.I. 2003/3142 , art. 1(3)) ; S.I. 2003/3142, art. 3(2) (with art. 11)
Marginal Citations