Wireless Telegraphy Act 1998 (repealed)

Wireless Telegraphy Act 1998

1998 CHAPTER 6

An Act to make provision about the grant of, and sums payable in respect of, licences under the Wireless Telegraphy Act 1949 other than television licences, and about the promotion of the efficient use and management of the electro-magnetic spectrum for wireless telegraphy; and for connected purposes.

[18th March 1998]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C1 Act: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 1(1)(d) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

1 Charges for wireless telegraphy licences. U.K.

(1) In this Act

[F1 (a) references to a grant of recognised spectrum access are references to a grant made under section 159 of the Communications Act 2003 (recognised spectrum access); and

(b) “wireless telegraphy licence” means any licence under the M1 Wireless Telegraphy Act 1949 F2 .... ]

(2) On the issue [F3 of a wireless telegraphy licence or the making of a grant of recognised spectrum access and, where regulations under this section so provide, subsequently at such times during the term of the licence or grant and such times in respect of its variation, modification or revocation, as may be prescribed by the regulations, there shall be paid to OFCOM by the person to whom the licence is issued or the grant made]—

(a) such sums as may be prescribed by the regulations, or

(b) if the regulations so provide, such sums (whether on [F4 the issue of the licence or the making of the grant] or subsequently) as [F5 OFCOM] may in the particular case determine.

(3) Regulations under this section—

F6 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) may confer exemptions from provisions of the regulations F7 ... in particular cases,

(c) may provide for sums paid to be refunded, in whole or in part, in such cases as may be specified in the regulations or in such cases as [F8 OFCOM think], F9 ...

(d) may include such transitional provision as [F5 OFCOM] thinks fit.

(4) Where sums will or may become payable under regulations under this section subsequently to the issue [F10 of a licence or the making of a grant of recognised spectrum access, OFCOM may, on the issue of the licence or the making of the grant,] require such security to be given, by way of deposit or otherwise, for the payment of the sums which will or may become payable as [F11 they think] fit.

(5) Regulations under this section shall not apply in relation to any licence granted in accordance with regulations under section 3[F12 or any grant of recognised spectrum access made in accordance with regulations under section 3A].

(6) Any regulations under section 2(1) of the M2 Wireless Telegraphy Act 1949 which—

(a) relate to wireless telegraphy licences within the meaning of this Act, and

(b) are in force immediately before the commencement of this section,

shall be taken to have been made under this section; and accordingly may be amended or revoked by regulations under this section.

(7) Any reference in a wireless telegraphy licence granted before the commencement of this section to section 2(1) of the Wireless Telegraphy Act 1949 shall be construed, in relation to any time after that commencement, as a reference to this section.

Textual Amendments

F1 Words in s. 1(1) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 161(2)(a), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F2 Words in s. 1(1) repealed (1.4.2004) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 4(2), Sch. 2 (with art. 11)

F3 Words in s. 1(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 161(2)(b), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F4 Words in s. 1(2)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 146(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F5 Words in ss. 1-4 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 145 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F6 S. 1(3)(a) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F7 Words in s. 1(3)(b) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F8 Words in s. 1(3)(c) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 146(b) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F9 S. 1(3)(d) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F10 Words in s. 1(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 161(2)(c), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F11 Words in s. 1(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 146(c) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F12 Words in s. 1(5) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 146(d) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C2 Ss. 1-8 extended (with modifications) (Isle of Man) (24.7.1998) by S.I. 1998/1510, arts. 1, 2.

Ss. 1-8 extended (with modifications) (Guernsey) (24.7.1998) by S.I. 1998/1511, arts. 1, 2.

Ss. 1-8 extended (with modifications) (Jersey) (24.7.1998) by S.I. 1998/1512, arts. 1, 2.

Marginal Citations

M1 1949 c. 54.

M2 1949 c. 54.

[F13 2 Matters to be taken into account. U.K.

(1) This section applies where OFCOM exercise any of their powers under section 1 to prescribe sums payable in respect of any description of wireless telegraphy licence or of grant of recognised spectrum access, other than a power to prescribe sums payable where—

(a) a wireless telegraphy licence is varied or revoked at the request or with the consent of the licence holder; or

(b) a grant of recognised spectrum access is varied or revoked at the request or with the consent of the holder of the grant.

(2) OFCOM may, if they think fit in the light (in particular) of the matters to which they are required to have regard under section 154 of the Communications Act 2003, prescribe sums which would be greater than those that would be necessary for the purposes of recovering costs incurred by them in connection with functions under the enactments relating to the management of the radio spectrum.

(3) In this section—

• “ the enactments relating to the management of the radio spectrum ” has the same meaning as in the Communications Act 2003;

• “ prescribe ” means prescribe by regulations or determine in accordance with regulations. ]

Textual Amendments

F13 S. 2 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 147 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C3 Ss. 1-8 extended (with modifications) (Isle of Man) (24.7.1998) by S.I. 1998/1510, arts. 1, 2.

Ss. 1-8 extended (with modifications) (Guernsey) (24.7.1998) by S.I. 1998/1511, arts. 1, 2.

Ss. 1-8 extended (with modifications) (Jersey) (24.7.1998) by S.I. 1998/1512, arts. 1, 2.

3 Bidding for licences. U.K.

(1) Having regard to the desirability of promoting the optimal use of the electro-magnetic spectrum, [F5 OFCOM] may by regulations provide that, in such cases as may be specified in F14 ... the regulations, applications for the grant of wireless telegraphy licences must be made in accordance with a procedure which—

F14 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) involves the making by the applicant of a bid specifying an amount which he is willing to pay to [F5 OFCOM] in respect of the licence.

F15 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Regulations under this section may make provision with respect to the grant of the licences to which they apply and the terms, provisions and limitations subject to which such licences are issued and may, in particular—

[F16 (a) require the applicant’s bid to specify the amount he is willing to pay;

(aa) require that amount to be expressed—

(i) as a cash sum;

(ii) as a sum determined by reference to a variable (such as income attributable wholly or in part to the holding of the licence);

(iii) as a combination of the two; or

(iv) (at the applicant’s choice) in any one of the ways falling within the preceding sub-paragraphs that is authorised by the regulations;

(ab) require that amount to be expressed in terms of—

(i) the making of a single payment;

(ii) the making of periodic payments;

(iii) a combination of the two; or

(iv) (at the applicant’s choice) in any one of the ways falling within the preceding sub-paragraphs that is authorised by the regulations;]

(b) specify requirements (such as, for example, technical or financial requirements, requirements relating to fitness to hold the licence and requirements intended to restrict the holding of two or more wireless telegraphy licences by any one person) which must be met by applicants for a licence,

(c) require any such applicant to pay a deposit to [F5 OFCOM],

(d) specify circumstances in which such a deposit is, or is not, to be refundable,

(e) specify matters to be taken into account by [F5 OFCOM] (in addition to the bids made in accordance with the prescribed procedure) in deciding whether, or to whom, to grant a licence,

(f) specify the other terms, provisions and limitations subject to which [F17 a licence to which the regulations apply] is to be issued,[F18 and]

(g) make any provision referred to in section 1(3), F19 ...

F20 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21 (4) Regulations under this section are not to be construed as binding OFCOM to grant a licence on the completion of the procedure provided for in the regulations except in such circumstances as may be provided for in the regulations. ]

[F22 (5) A wireless telegraphy licence granted in accordance with regulations under this section shall specify either—

(a) the sum or sums which in consequence of the bids made are, in accordance with the regulations, to be payable in respect of the licence; or

(b) the method for determining that sum or those sums;

and that sum or those sums shall be paid to OFCOM by the person to whom the licence is granted in accordance with the terms of the licence. ]

F23 [F24 (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5B) Regulations under this section may provide that where a person—

(a) makes an application for a licence in accordance with a procedure provided for by such regulations, but

(b) subsequently refuses the licence applied for,

that person shall make such payments to OFCOM as may be determined in accordance with the regulations by reference to bids made for the licence.

(6) Subsection (4) of section 1 is to apply in relation to sums that will or may become payable under regulations under this section subsequently to the grant of a wireless telegraphy licence as it applies to sums that will or may become payable under regulations under that section.]

(7) Section 1(2) of the M3 Wireless Telegraphy Act 1949 (powers of [F5 OFCOM] in relation to grant of licences) and regulations under section 3 of that Act (regulations as to wireless telegraphy) shall have effect subject to regulations under this section.

(8) In this section “grant”, in relation to a licence, includes renewal.

Textual Amendments

F5 Words in ss. 1-4 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 145 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F14 Words in s. 3(1) repealed (18.9.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 167(2)(a), 411(2), Sch. 19(1) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(2), Sch. 2 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F15 S. 3(2) repealed (18.9.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 167(2)(b), 411(2), Sch. 19(1) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(2), Sch. 2 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F16 S. 3(3)(a)-(ab) substituted for s. 3(3)(a) (18.9.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 167(3)(a), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(2), Sch. 2 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F17 Words in s. 3(3)(f) substituted (18.9.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 167(3)(b), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(2), Sch. 2 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F18 Word in s. 3(3)(f) inserted (18.9.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 167(3)(c), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(2), Sch. 2 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F19 Word in s. 3(3) repealed (18.9.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(2), Sch. 2 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F20 S. 3(3)(h) repealed (18.9.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 167(3)(c), 411(2), Sch. 19(1) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(2), Sch. 2 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F21 S. 3(4) substituted (18.9.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 167(4), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(2), Sch. 2 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F22 S. 3(5) substituted (18.9.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 167(5), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(2), Sch. 2 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F23 S. 3(5A) repealed (29.12.2003) by Communications (Isle of Man) Order 2003 (S.I. 2003/3198), arts. 1(2), 3

F24 S. 3(5A)-(6) substituted for s. 3(6) (18.9.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 167(6), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(2), Sch. 2 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

Modifications etc. (not altering text)

C4 Ss. 1-8 extended (with modifications) (Isle of Man) (24.7.1998) by S.I. 1998/1510, arts. 1, 2.

Ss. 1-8 extended (with modifications) (Guernsey) (24.7.1998) by S.I. 1998/1511, arts. 1, 2.

Ss. 1-8 extended (with modifications) (Jersey) (24.7.1998) by S.I. 1998/1512, arts. 1, 2.

Marginal Citations

M3 1949 c. 54.

[F25 3A Bidding for grants of recognised spectrum access U.K.

(1) Having regard to the desirability of promoting the optimal use of the electro-magnetic spectrum, OFCOM may by regulations provide that, in such cases as may be specified in the regulations, applications for grants of recognised spectrum access must be made in accordance with a procedure which involves the making by the applicant of a bid specifying an amount which he is willing to pay to OFCOM in respect of the grant.

(2) Regulations under this section may make provision with respect to the grants to which they apply and the restrictions and conditions subject to which such grants are made.

(3) The regulations may, in particular—

(a) require the applicant’s bid to specify the amount which he is willing to pay;

(b) require that amount to be expressed—

(i) as a cash sum;

(ii) as a sum determined by reference to a variable (such as income attributable wholly or in part to the use of wireless telegraphy to which the grant relates);

(iii) as a combination of the two; or

(iv) (at the applicant’s choice) in any one of the ways falling within the preceding sub-paragraphs that is authorised by the regulations;

(c) require that amount to be expressed in terms of—

(i) the making of a single payment;

(ii) the making of periodic payments;

(iii) a combination of the two; or

(iv) (at the applicant’s choice) in any one of the ways falling within the preceding sub-paragraphs that is authorised by the regulations;

(d) specify requirements (such as, for example, technical or financial requirements, requirements relating to the use of wireless telegraphy to which the grant relates and requirements intended to restrict the holding of two or more grants of recognised spectrum access by any one person) which must be met by applicants for a grant;

(e) require any such applicant to pay a deposit to OFCOM ;

(f) specify circumstances in which such a deposit is, or is not, to be refundable;

(g) specify matters to be taken into account by OFCOM (in addition to the bids made in accordance with the prescribed procedure) in deciding whether, or to whom, to make a grant of recognised spectrum access;

(h) specify the other restrictions and conditions subject to which a grant to which the regulations apply is to be made; and

(i) make any provision referred to in section 1(3).

(4) Regulations under this section are not to be construed as binding OFCOM to make a grant on the completion of the procedure provided for in the regulations except in such circumstances as may be provided for in the regulations.

(5) A grant of recognised spectrum access made in accordance with regulations under this section shall specify either—

(a) the sum or sums which in consequence of the bids made are, in accordance with the regulations, to be payable in respect of the grant; or

(b) the method for determining that sum or those sums;

and that sum or those sums shall be paid to OFCOM by the person to whom the grant is made in accordance with the conditions of the grant.

(6) In determining the sum or sums payable in respect of a grant, regard may be had to bids made for other grants of recognised spectrum access and for wireless telegraphy licences.

(7) Regulations under this section may provide that where a person—

(a) makes an application for a grant of recognised spectrum access in accordance with a procedure provided for by such regulations, but

(b) subsequently refuses the grant applied for,

that person shall make such payments to OFCOM as may be determined in accordance with the regulations by reference to bids made for the grant.

(8) Subsection (4) of section 1 is to apply in relation to sums that will or may become payable under regulations under this section subsequently to the making of a grant of recognised spectrum access as it applies to sums that will or may become payable under regulations under that section.]

Textual Amendments

F25 S. 3A inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 161(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

4 Restriction on revocation or variation of licences. U.K.

(1) [F5 OFCOM] may include in any wireless telegraphy licence terms restricting the exercise by [F26 them] of [F26 their] power under section 1(4) of the Wireless Telegraphy Act 1949 to revoke or vary the licence.

(2) The terms that may be included in a wireless telegraphy licence by virtue of subsection (1) include, in particular, terms providing that the licence may not be revoked or varied except with the consent of the licence holder or in such other circumstances and on such grounds as may be specified in the licence.

(3) Any such circumstances or grounds may relate to matters relevant for the purposes of any other enactment (and may, in particular, be dependent on the exercise of a statutory discretion under any other enactment).

(4) A wireless telegraphy licence containing any terms included in the licence by virtue of subsection (1) may also provide that regulations made under section 3 of the Wireless Telegraphy Act 1949—

(a) shall not apply in relation to any station or apparatus to which the licence relates, or

(b) shall apply in relation to any such station or apparatus to such an extent only, or subject to such modifications, as may be specified in the licence.

(5) Notwithstanding any terms or provisions included in a wireless telegraphy licence in accordance with this section, [F5 OFCOM] may at any time by a notice in writing served on the holder of the licence, revoke the licence or vary its terms, provisions or limitations, if it appears to [F27 them] to be requisite or expedient to do so—

(a) in the interests of national security, or

(b) for the purposes of complying with a Community obligation of the United Kingdom or with any international agreement or arrangements to which the United Kingdom is a party.

Textual Amendments

F5 Words in ss. 1-4 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 145 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F26 Words in s. 4(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 148(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F27 Word in s. 4(5) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 148(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C5 Ss. 1-8 extended (with modifications) (Isle of Man) (24.7.1998) by S.I. 1998/1510, arts. 1, 2.

Ss. 1-8 extended (with modifications) (Guernsey) (24.7.1998) by S.I. 1998/1511, arts. 1, 2.

Ss. 1-8 extended (with modifications) (Jersey) (24.7.1998) by S.I. 1998/1512, arts. 1, 2.

[F28 4A Recovery of sums payable to OFCOM U.K.

Where any sum is required to be paid to OFCOM —

(a) under any provision of this Act,

(b) in pursuance of any provision of regulations under this Act, or

(c) by virtue of any terms or conditions contained by virtue of this Act in a wireless telegraphy licence, or in a grant of recognised spectrum access,

that sum shall be so paid to them as soon as it becomes due in accordance with that provision, or those terms or conditions, and if not paid is to be recoverable by them accordingly.]

Textual Amendments

F28 S. 4A inserted (18.9.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 149 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(2), Sch. 2 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F29 5 Promotion of efficient use and management of spectrum. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 S. 5 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C6 Ss. 1-8 extended (with modifications) (Isle of Man) (24.7.1998) by S.I. 1998/1510, arts. 1, 2.

Ss. 1-8 extended (with modifications) (Guernsey) (24.7.1998) by S.I. 1998/1511, arts. 1, 2.

Ss. 1-8 extended (with modifications) (Jersey) (24.7.1998) by S.I. 1998/1512, arts. 1, 2.

[F30 6 Regulations. U.K.

(1) Section 403 of the Communications Act 2003 (procedure for regulations and orders made by OFCOM ) applies to every power of OFCOM to make regulations under a provision of this Act.

(2) Subsections (4) to (6) of that section shall not apply in any case in which it appears to OFCOM that by reason of the urgency of the matter it is inexpedient to publish a notice in accordance with subsection (4)(b) of that section.

(3) Subsections (4) to (6) of that section shall not apply in the case of any regulations under section 3 or 3A modifying previous regulations under that section in a case not falling within subsection (2) if it appears to OFCOM —

(a) that the modifications would not adversely affect the interests of any person or otherwise put him in a worse position or, as regards someone else, put him at a disadvantage; and

(b) in so far as the modifications affect a procedure that has already begun, that no person would have acted differently had the modifications come into force before the procedure began.]

Textual Amendments

F30 S. 6 substituted (25.7.2003 for specified purposes, 18.9.2003 specified purposes) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 150 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 2(2), Schs. 1, 2 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Modifications etc. (not altering text)

C7 Ss. 1-8 extended (with modifications) (Isle of Man) (24.7.1998) by S.I. 1998/1510, arts. 1, 2.

Ss. 1-8 extended (with modifications) (Guernsey) (24.7.1998) by S.I. 1998/1511, arts. 1, 2.

Ss. 1-8 extended (with modifications) (Jersey) (24.7.1998) by S.I. 1998/1512, arts. 1, 2.

7 Minor and consequential amendments and repeals. U.K.

Schedule 1 (minor and consequential amendments) and Schedule 2 (repeals and revocations) shall have effect.

Modifications etc. (not altering text)

C8 Ss. 1-8 extended (with modifications) (Isle of Man) (24.7.1998) by S.I. 1998/1510, arts. 1, 2.

Ss. 1-8 extended (with modifications) (Guernsey) (24.7.1998) by S.I. 1998/1511, arts. 1, 2.

Ss. 1-8 extended (with modifications) (Jersey) (24.7.1998) by S.I. 1998/1512, arts. 1, 2.

8 Interpretation. U.K.

In this Act—

• [F31 “ grant of recognised spectrum access ” means a grant of recognised spectrum access made under section 159 of the Communications Act 2003;

• “ OFCOM ” means the Office of Communications; ]

• “wireless telegraphy” has the same meaning as in the M4 Wireless Telegraphy Act 1949;

• “wireless telegraphy licence” has the meaning given by section 1

  [F32 and references in this Act to the issue of a wireless telegraphy licence or the making of a grant of recognised spectrum access include references to the issue of such a licence, or the making of a grant of such access, by way of renewal of a previous licence or grant.]

Textual Amendments

F31 Words in s. 8 inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 151(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F32 Words in s. 8 inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 151(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C9 Ss. 1-8 extended (with modifications) (Isle of Man) (24.7.1998) by S.I. 1998/1510, arts. 1, 2.

Ss. 1-8 extended (with modifications) (Guernsey) (24.7.1998) by S.I. 1998/1511, arts. 1, 2.

Ss. 1-8 extended (with modifications) (Jersey) (24.7.1998) by S.I. 1998/1512, arts. 1, 2.

Marginal Citations

M4 1949 c. 54.

9 Extent and application. U.K.

(1) This Act extends to Northern Ireland.

(2) The provisions capable of being extended to the Isle of Man or any of the Channel Islands under section 20(3) of the Wireless Telegraphy Act 1949 include the provisions of this Act amending that Act.

(3) Her Majesty may by Order in Council direct that all or any of the other provisions of this Act shall extend to the Isle of Man or any of the Channel Islands with such adaptations and modifications, if any, as may be specified in the Order.

10 Short title and commencement. U.K.

(1) This Act may be cited as the Wireless Telegraphy Act 1998.

(2) This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

Modifications etc. (not altering text)

C10 S. 10(1) extended (with modifications) (Isle of Man) (24.7.1998) by S.I. 1998/1510, arts. 1, 2.

S. 10(1) extended (with modifications) (Guernsey) (24.7.1998) by S.I. 1998/1511, arts. 1, 2.

S. 10(1) extended (with modifications) (Jersey) (24.7.1998) by S.I. 1998/1512, arts. 1, 2.

SCHEDULES

Section 7.

F33 SCHEDULE 1 U.K.

Textual Amendments

F33 Sch. 1 repealed (25.7.2003 for the purpose of the repeal of Sch. 1 paras. 2, 3 for specified purposes, 29.12.2003 for the repeal of Sch. 1 paras. 2, 3 so far as not already in force, 1.4.2004 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, arts. 3(2), 4(2), Sch. 2 (with art. 11)

F33 Minor and consequential amendments

The Wireless Telegraphy Act 1949 (c. 54) U.K.

1 U.K. In section 2 of the Wireless Telegraphy Act 1949 (fees and charges for telegraphy licences), in subsection (1)—

(a) for “wireless telegraphy licence” there is substituted “ television licence ”,

(b) for the words from “paid” to “by the person” there is substituted “ paid to the BBC by the person ”, and

(c) in the proviso, for the words from “licences of any type” to the end there is substituted “ licences in respect of the use of television receivers by any person in a private dwelling-house without any charge being made to other persons ”.

2 U.K. Section 4 (experimental licences) of that Act shall cease to have effect.

The Continental Shelf Act 1964 (c. 29) U.K.

3 U.K. In section 6 of the Continental Shelf Act 1964 (wireless telegraphy) for “and regulations made thereunder” there is substituted “ and the Wireless Telegraphy Act 1998 and any regulations made under either of those Acts ”.

The Broadcasting Act 1990 (c. 42) U.K.

4 U.K. In section 180 of the Broadcasting Act 1990 (functions of the BBC with respect to television licences), for subsection (2) there is substituted—

“(2) Refunds of sums paid to the BBC under subsection (1) of section 2 of the 1949 Act (fees and charges for television licences) may be made by the BBC out of sums received under that subsection in such cases or classes of case as they may determine.”

Section 7.

SCHEDULE 2 U.K.

Modifications etc. (not altering text)

C11 Sch. 2 extended (with modifications) (Isle of Man) (24.7.1998) by S.I. 1998/1510, arts. 1, 2.

Sch. 2 extended (with modifications) (Guernsey) (24.7.1998) by S.I. 1998/1511, arts. 1, 2.

Schs. 2 extended (with modifications) (Jersey) (24.7.1998) by S.I. 1998/1512, arts. 1, 2.

Repeals and revocations

Part I U.K. Repeals

Chapter	Short title	Extent of repeal
1949 c. 54.	The Wireless Telegraphy Act 1949.	Sections 3A and 4.
1969 c. 48.	The Post Office Act 1969.	Section 3(2) to (5).
1984 c. 12.	The Telecommunications Act 1984.	Section 74.
1990 c. 42.	The Broadcasting Act 1990.	In Schedule 18, in Part I, paragraph 2(2).

Part II U.K. Revocations

Number	Title	Extent of revocation
S.I. 1988/93.	The Department of Trade and Industry (Fees) Order 1988.	Article 8.
		In Schedule 1, Part V.