The Radio Equipment and Telecommunications Terminal Equipment (Amendment No. 2) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 as amended (“the Principal Regulations”) which implemented Directive 1999/5/EC of the European Parliament and of the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (O.J. L91, 7.4.1999, p10).

Under the Principal Regulations certain functions relating to enforcement are carried out by the Secretary of State at the Radiocommunications Agency and the Director General of Telecommunications. Following the creation of OFCOM and the expiry of the transitional period provided for under section 401 of the Communications Act 2003 those functions are to be carried out by OFCOM and Regulation 2 amends the Principal Regulations to give effect to this change. Enforcement by weights and measures authorities in Great Britain and district councils in Northern Ireland remains as provided for in the Principal Regulations.

In amending the Principal Regulations, the opportunity has been taken, in the interests of transparency and clarity, to set out the enforcement provisions in full in Schedule 9 rather than by reference, as was the case under the Principal Regulations. Thus Part II of the Schedule sets out specific powers of the enforcement authorities. The provisions provide powers to issue suspension notices, make test purchases, powers of search, powers to require production of information, for customs officers to detain apparatus, and for forfeiture of apparatus. There are also included provisions for compensation, appeals against suspension and detention of apparatus, disclosure of information, offences of contravening suspension orders, obstruction of an authorised officer and savings for certain privileges.

Regulation 2(5)(b) applies additionally section 98(1)–(3) of the Communications Act 2003 to the enforcement of regulations 7 and 13 of the Principal Regulations to provide for a shorter time limit to be set in urgent cases where compliance is required in respect of a notification under section 94 of that Act.

Regulation 2(6) inserts a new regulation 18A providing a duty for an enforcement authority to inform the Secretary of State of any action taken by it to prohibit or restrict the supply or taking into service of relevant apparatus to enable her to pass this information to the Commission in accordance with the requirements in Directive 1999/5/EC.

A full Regulatory Impact Assessment has not been produced for this instrument as it has no impact on the costs of business.