The Telecommunications Terminal Equipment (Amendment and Extension) Regulations 1994

Application of the requirements of Article 2 of Council Directive 91/263/EEC to all terminal equipment not intended for connection to the public telecommunications network

4.—(1) Subject to paragraph (2) below, the principal Regulations are hereby amended as follows:

(a) in regulation 2, after paragraph (3), there shall be inserted the following paragraph—

“(3A) For the avoidance of doubt, it is hereby declared that, on and after 1st January 1995, the said orders so listed in Schedule 1 (save for the Telecommunication Apparatus (Bell Noise-Labelling) Order 1985(1), which is inapplicable) shall no longer apply to equipment which is, on and after that date, connection-capable equipment or radio connection-capable equipment consequent upon the amendment of regulation 4 of these Regulations by regulation 3 of the Telecommunications Terminal Equipment (Amendment and Extension) Regulation 1994.”;

(b) in regulation 4(4)—

(i) in the headpiece, the words “which would, except for the operation of this paragraph, be applicable terminal equipment,” shall be omitted;

(ii) for the tailpiece, there shall be substituted the following tailpiece—

“and equipment which is, or would be, except for the operation of paragraph (3) above, taken outwith the meaning of applicable terminal equipment pursuant to this paragraph, is referred to in these Regulations as “connection-capable equipment”.”;

(c) for paragraphs (5) and (6) of regulation 4 there shall be substituted the following paragraphs—

“(5) Terminal equipment (including equipment in respect of which an adjustment has been made or a mechanism unblocked as referred to in paragraph (6) below) which makes use of a system of communication employing the radio frequency spectrum, and which is not radio connection-capable equipment within the meaning of the said paragraph (6), shall, for the purposes of these Regulations, be taken to be intended for connection to a public telecommunication network and accordingly shall, save as provided by paragraph (3) of this regulation and regulation 6(3) and (4) below, be taken to be applicable terminal equipment.

(6) Where equipment employing the radio frequency spectrum is designed to be capable of connection to a public telecommunications network if an adjustment were made thereto or a blocking mechanism were unblocked, that equipment may not, unless such adjustment is made or such mechanism is unblocked, as the case may be, be regarded as capable of being applicable terminal equipment pursuant to paragraph (5) above; and equipment which may not, on account of this paragraph, be regarded as applicable terminal equipment is referred to in these Regulations as “radio connection-capable equipment”.”

(2) The amendments made by paragraph (1) above shall not apply to any equipment first supplied or put into service within the Community before 1st January 1995.

(1)

S.I. 1985/718.