Telecommunications Act 1984

6 Exceptions to section 5. U.K.

[F1 (1) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Section 5(1) above is not contravened by—

(a) the running of a telecommunication system in the case of which the only agency involved in the conveyance of things thereby conveyed is light and the things thereby conveyed are so conveyed as to be capable of being received or perceived by the eye and without more;

(b) the running by a person of a telecommunication system which is not connected to another telecommunication system and in the case of which all the apparatus comprised therein is situated either—

(i) on a single set of premises in single occupation; or

(ii) in a vehicle, vessel, aircraft or hovercraft or in two or more vehicles, vessels, aircraft or hovercraft mechanically coupled together; or

(c) the running by a single individual of a telecommunication system which is not connected to another telecommunication system and in the case of which—

(i) all the apparatus comprised therein is under his control; and

(ii) everything conveyed by it that falls within paragraphs (a) to (d) of section 4(1) above is conveyed solely for domestic purposes of his;

and references in paragraphs (b) and (c) above to another telecommunication system do not include references to [F3 a telecommunication system to which subsection (2A) below applies] (whether run by a broadcasting authority or by any other person).

[F4 (2A) This subsection applies to a telecommunication system in the case of which every conveyance made by it is either—

(a) a transmission, by wireless telegraphy, from a transmitting station for general reception of sounds, visual images or such signals as are mentioned in paragraph (c) of section 4(1) above; or

(b) a conveyance within a single set of premises of sounds, visual images or such signals which are to be or have been so transmitted.]

(3) In the case of a business carried on by a person, section 5(1) above is not contravened by the running, for the purposes of that business, of a telecommunication system which is not connected to another telecommunication system and with respect to which the conditions specified in subsection (4) below are satisfied.

(4) The said conditions are—

(a) that no person except the person carrying on the business is concerned in the control of the apparatus comprised in the system;

(b) that nothing falling within paragraphs (a) to (d) of section 4(1) above is conveyed by the system by way of rendering a service to another;

(c) that, in so far as sounds or visual images are conveyed by the system, they are not conveyed for the purpose of their being heard or seen by persons other than the person carrying on the business or any employees of his engaged in the conduct thereof;

(d) that in so far as such signals are mentioned in paragraph (c) of section 4(1) above are conveyed by the system, they are not conveyed for the purpose of imparting matter otherwise than to the person carrying on the business, any employees of his engaged in the conduct thereof or things used in the course of the business and controlled by him; and

(e) that, in so far as such signals as are mentioned in paragraph (d) of section 4(1) above are conveyed by the system, they are not conveyed for the purpose of actuating or controlling machinery or apparatus used otherwise than in the course of the business.

(5) In this section—

• “broadcasting authority” means a person licensed under the M1 Wireless Telegraphy Act 1949 to broadcast programmes for general reception;

• “business” includes a trade, profession or employment and includes any activity carried on by a body of persons, whether corporate or unincorporate;

• “vessel” means a vessel of any description used in navigation;

• “wireless telegraphy” has the same meaning as in the said Act of 1949.]

Textual Amendments

F1 Ss. 5-8 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 147(a), 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

F2 S. 6(1) repealed by Broadcasting Act 1990 (c. 42, SIF 96), ss. 134, 203(1)(3), Sch. 12 Pt. II para. 1, Sch. 20 para. 38(1)(a), Sch. 21

F3 Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 38(1)(b)

F4 S. 6(2A) inserted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 38(1)(c)

Modifications etc. (not altering text)

C1 Ss. 3-7, 12-19, Pt. III (ss.47-55) applied (with modifications) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 1

C2 S. 6(2)(b) excluded (with saving) (7.1.1997) by S.I. 1996/3151, reg. 8(2), Sch. 1 para. 2(1)(2)

Marginal Citations

M1 1949 c. 54.