The Wireless Telegraphy (Cordless Telephone Apparatus) (Restriction and Marking) Order 1992

Explanatory Note

(This note is not part of the Order)

This Order modifies the scope of the restrictions imposed pursuant to section 7 of the Wireless Telegraphy Act 1967 (as substituted by section 77 of the Telecommunications Act 1984) on certain cordless telephone apparatus by the Wireless Telegraphy (Cordless Telephone Apparatus) (Restriction) Order 1987 (S.I.1987/774) so as to exclude further cordless telephone apparatus from their application.

That Order, which is revoked by article 2 of this Order, imposed restrictions on all cordless telephone apparatus operating on frequencies not exceeding 853MHz except for that which is exempt from wireless telegraphy licensing under section 1 of the Wireless Telegraphy Act 1949 pursuant to the Wireless Telegraphy (Exemption) Regulations 1982 (S.I.1982/1697, as amended by 1987/775 and 1992/2008). This Order continues the exception from the restrictions for such apparatus, and also excepts cordless telephone apparatus which is so exempt pursuant to the Wireless Telegraphy (Cordless Telephone Apparatus) (Exemption) Regulations 1992 (S.I.1992/2008) (article 4).

This Order restricts the importation, manufacture, sale, hire, offer or advertisement for sale or hire, custody and control of the apparatus which is not exempt from the requirement for a licence under section 1 of the Act of 1949 and which is not designed for use on frequencies exceeding 853MHz (article 4). Subsection (5) of section 7 of the Act of 1967 prohibits the taking of a restricted action except with the authority of the Secretary of State.

Subsection (11) of section 7 provides that it is an offence under the Act of 1949 to take a prohibited restricted action. The maximum penalty on summary conviction is a fine not exceeding level 5 on the standard scale (section 14(1C) of the Act of 1949, inserted by paragraph 1 of Schedule 3 to the Act of 1984).

Restricted apparatus is liable to for feiture following either conviction (section 14(3) of the Act of 1949, as substituted by section 172(4) of the Broadcasting Act 1990) or seizure under a warrant (section 15(1) of the Act of 1949) or pursuant to the power in section 79(3) of the Act of 1984 (section 80 of that Act for England, Wales and Northern Ireland; section 81 for Scotland).

This Order also continues the marking requirements imposed by S.I.1987/774 in relation to apparatus exempt from wireless telegraphy licensing pursuant to S.I.1982/1697, as amended, and imposes comparable marking requirements with respect to apparatus so exempt pursuant to S.I.1992/2008 (article 5). It is an offence under section 85(3) of the Act of 1984 to contravene the marking requirements, punishable on summary conviction with a fine not exceeding level 5 on the standard scale.

Copies of Performance Specifications MPT 1322 and MPT 1371, referred to in article 3 and the Schedule, may be obtained free of charge from the librarian, Radiocommunications Agency, Waterloo Bridge House, Waterloo Road, London SE1 8UA.