Wireless Telegraphy Act 1949 (repealed)

1 Licensing of wireless telegraphy.U.K.

(1)No person shall establish or use any station for wireless telegraphy or instal or use any apparatus for wireless telegraphy except under the authority of a licence in that behalf [F1granted under this section—

(a)by the Secretary of State (unless it is a television licence), or

(b)if it is a television licence, by the BBC;

and any person] who establishes or uses any station for wireless telegraphy or instals or uses any apparatus for wireless telegraphy except under and in accordance with such a licence shall be guilty of an offence under this Act:

Provided that the [F2Secretary of State] may by regulations exempt from the provisions of this subsection the establishment, installation or use of stations for wireless telegraphy or wireless telegraphy apparatus of such classes or descriptions as may be specified in the regulations, either absolutely or subject to such terms, provisions and limitations as may be so specified.

(2)A licence granted under this section (hereafter in this Act referred to as a wireless telegraphy licence) may be issued subject to such terms, provisions and [F3limitations—

(a)as the Secretary of State may think fit; or

(b)in the case of a television licence, as the Secretary of State may direct or (subject to any such direction) the BBC may think fit,

including] in particular in the case of a licence to establish a station, limitations as to the position and nature of the station, the purposes for which, the circumstances in which, and the persons by whom the station may be used, and the apparatus which may be installed or used therein, and, in the case of any other licence, limitations as to the apparatus which may be installed or used, and the places where, the purposes for which, the circumstances in which and the persons by whom the apparatus may be used.

(3)A wireless telegraphy licence shall, unless previously revoked by the [F2Secretary of State], [F4or (if it is a television licence) by the BBC] continue in force for such period as may be specified in the licence.

(4)A wireless telegraphy licence [F5other than a television licence] may be revoked, or the terms, provisions or limitations thereof varied, by a notice in writing of the [F2Secretary of State] served on the holder of the licence or by a general notice applicable to licences of the class to which the licence in question belongs published in such manner as may be specified in the licence [F6; and a television licence may be revoked, or the terms, provisions or limitations thereof varied, by the BBC (either of their own motion or to give effect to any direction of the Secretary of State under subsection (2)(b) of this section)—

(a)by a notice in writing served on the holder of the licence; or

(b)by a general notice published as mentioned above.]

(5)Where a wireless telegraphy licence has expired or has been revoked, it shall be the duty of the person to whom the licence was issued, and of every other person in whose possession or under whose control the licence may be, to cause the licence to be surrendered to the [F2Secretary of State] if required by the [F2Secretary of State] so to do, and any person who without reasonable excuse fails or refuses to comply with the provisions of this subsection shall be guilty of an offence under this Act:

Provided that this subsection shall not apply to a licence relating solely to apparatus not designed or adapted for emission (as opposed to reception).

(6)Nothing in this section shall authorise the inclusion, in any wireless telegraphy licence relating solely to apparatus not designed or adapted for emmission (as opposed to reception), of any term, or provision requiring any person to concede any form of right of entry into any private dwellinghouse.

[F7(7)In this Act—

  • “television licence” means a wireless telegraphy licence authorising the installation and use of a television receiver; and

  • “television receiver” means television receiving apparatus of any class or description specified in regulations made by the Secretary of State under section 2 of this Act.]

Subordinate Legislation Made

P1S. 1 (with s. 2): power exercised by S.I. 1991/436.

P2S. 1 power previously exercised by S.I. 1980/1848, 1982/1697, 1984/1053, 1987/775, 776, 1988/1648, 2090, 1989/123, 604, 943, 1842.

P3S. 1: s. 1 (with s. 3) power exercised (3.7.1991) by S.I.1991/1523

Textual Amendments