The Wireless Telegraphy (Control of Interference from Fluorescent Lighting Apparatus) (Amendment) Regulations 1989

Statutory Instruments

1989 No. 561

TELEGRAPHS

The Wireless Telegraphy (Control of Interference from Fluorescent Lighting Apparatus) (Amendment) Regulations 1989

Made

22nd March 1989

Laid before Parliament

31st March 1989

Coming into force

24th April 1989

The Secretary of State, in exercise of the powers conferred by section 10 of the Wireless Telegraphy Act 1949(1) and now vested in him(2), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

1.  These Regulations may be cited as the Wireless Telegraphy (Control of Interference from Fluorescent Lighting Apparatus) (Amendment) Regulations 1989 and shall come into force on 24th April 1989.

2.  In these Regulations, “the principal Regulations” means the Wireless Telegraphy (Control of Interference from Fluorescent Lighting Apparatus) Regulations 1978(3).

3.  In regulation 2 of the principal Regulations –

(a) after the definition of “BS5394: 1983” there shall be added the following definition:

“B.S.5394: 1988” means the British Standard Specification for Limits and methods of measurement of radio interference characteristics of fluorescent lamps and luminaires, B.S.5394: 1988, published on 29th July 1988;

(b) for the definition of “the Directive” there shall be substituted the following definition:

“the Directive” means Council Directive No.76/890/EEC(4) as amended by Commission Directive No.87/310/EEC(5).

4.  In regulation 5 of the principal Regulations, after the words “The requirements of Regulation 6 below” there shall be inserted “as originally specified or as subsequently amended”.

5.  For regulation 6 of the principal Regulations there shall be substituted the following regulation:–

6.—(1) Subject to paragraph (3) below, the insertion loss of a luminaire within the meaning of clause 3.5 of BS5394: 1983 or clause 3 of B.S.5394: 1988 as measured by the method prescribed in clause 5 of BS5394: 1983 or clause 5, 6 or 7 of B.S.5394: 1988, as the case may be, shall not be less than the minimum values relevant to that luminaire prescribed in clause 4 of BS5394: 1983 or of B.S.5394: 1988, as the case may be (being values which are related to the frequencies at which the fluorescent lighting apparatus generates electro-magnetic energy).

(2) The relevant procedures, requirements and specifications set out in BS5394: 1983 or B.S.5394: 1988, as the case may be, shall be complied with in the testing of a luminaire and the determination of the minimum values of insertion loss thereof.

(3) On and after 1st January 1990, luminaires which, by virtue of Regulation 4(1), are required to comply with Regulation 6, shall comply only with the relevant procedures, requirements and specifications of B.S.5394: 1988 and, in so far as such luminaires are concerned, the references to BS5394: 1983 in paragraphs (1) and (2) above shall not apply.

Robert Atkins

Parliamentary Under Secretary of State,

Department of Trade and Industry

22nd March 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Wireless Telegraphy (Control of Interference from Fluorescent Lighting Apparatus) Regulations 1978 (S.I.1978/1268) (“the principal Regulations”), as amended by S.I. 1985/807, which deal with the suppression of radio interference which may be caused by fluorescent lighting apparatus, and luminaires for (or in) such apparatus which are fitted with a starter. Council Directive No.76/890/EEC (as amended by Commission Directive No.82/500/EEC), which formed the basis for the principal Regulations, was adapted to technical progress by Commission Directive No.87/310/EEC. These Regulations apply the standard B.S.5394: 1988 which reflects this adaptation to technical progress.

These Regulations come into force on 24th April 1989. From that date, and until 1st January 1990, apparatus covered by the principal Regulations which is placed on the market must conform either to the existing standard B.S.5394: 1983 or to the new standard B.S.5394: 1988. From 1st January 1990, the new standard alone will apply. For the purposes of regulation 5 of the principal Regulations, which specifies requirements which must be complied with if the apparatus is used within 15 metres of residential accommodation, both those standards and B.S.5394: 1977 which applied under the principal Regulations as originally made will be applicable from 24th April 1989 without time limit.

These Regulations do not extend to the Isle of Man or the Channel Islands since the amendments to section 10 of the Wireless Telegraphy Act 1949 mentioned in footnote (a) above have not yet been extended to those jurisdictions. Accordingly, the principal Regulations, in their unamended form, continue to apply.

Copies of B.S.5394: 1977, B.S.5394: 1983 and B.S.5394: 1988 may be obtained from the British Standards Institution (Sales Department), Linford Wood, Milton Keynes MK14 6LE at a price of £17, £17 and £38, respectively.

(1)

1949 c. 54; section 10 was amended by section 89, section 109(6) and Part IV of Schedule 7 of or to the Telecommunications Act 1984 (c. 12).

(2)

1969 c. 48 (section 3); S.I.1969/1369 (article 3), 1969/1371 (article 2), 1974/691 (article 2).

(3)

S.I. 1978/1268; as amended by S.I.1985/807.

(4)

O.J. No.L336, 4.12.76, p.22.

(5)

O.J. No.L155, 16.6.87, p.27.