The Wireless Telegraphy (Control of Interference from Household Appliances, Portable Tools etc.) Regulations 1978

Made: 23rd August 1978

Laid before Parliament: 4th September 1978

Coming into operation in accordance with Regulation 1(2)

The Secretary of State, in exercise of the powers conferred by section 10 of the Wireless Telegraphy Act 1949 as enacted, and also as extended by the Wireless Telegraphy (Channel Islands) Order 1952 and the Wireless Telegraphy (Isle of Man) Order 1952 and now vested in him[^f00001] and after consultation with the advisory committee appointed under section 9 of the said Act, hereby makes the following Regulations:—

1

• (1) These Regulations may be cited as the Wireless Telegraphy (Control of Interference from Household Appliances, Portable Tools etc.) Regulations 1978.

• (2) These Regulations shall come into operation on 1st April 1979 except that insofar as these Regulations apply to any lighting dimmer these Regulations shall come into operation on 1st November 1979.

2

• (1) In these Regulations—

• “B.S.800: 1977” means the British Standard Specification for radio interference limits and measurements for equipment embodying small motors, contacts, control and other devices causing similar interference, B.S.800: 1977, published on 31st August 1977;

• “the Directive” means Council Directive No. 76/889/EEC;

• “lighting dimmer” means any electronic device which controls the light output of an electric lamp and which has a power rating not exceeding 1000 watts.

• (2) The Interpretation Act 1889 applies for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.

3

These Regulations apply to any household appliance or portable tool or other electrical equipment specified in paragraph 1.1 of the Annex to the Directive (examples of which are contained in Appendices A and B to B.S.800: 1977) except any such equipment as is excluded from the scope of the Directive by any provision of that Annex and in these Regulations any equipment to which these Regulations apply is referred to as “apparatus”.

4

• (1) The requirements of Regulation 6 below shall be complied with in the case of any apparatus which is sold otherwise than for export, or offered or advertised for sale otherwise than for export, or let on hire or offered or advertised for letting on hire, by any person who in the course of business manufactures, assembles or imports apparatus.

• (2) In the case of any apparatus which, by virtue of paragraph (1) above is required to comply with the requirements of Regulation 6 below there shall be a statement (however expressed) either on the apparatus or in an accompanying document to the effect that the apparatus complies with those requirements:

Provided that such a statement shall not be required in the case of any apparatus in relation to which use is made of a mark or certificate issued by a body notified by a member State to the Commission and to the Secretary of State in accordance with Article 3.2 of the Directive.

5

• (1) The requirements of Regulation 6 below shall, subject to paragraph (2) below, be complied with if any apparatus is used by any person unless it—

• (a) complied with the said requirements at the date of its manufacture, assembly or importation; and

• (b) is maintained in reasonable working order; and

• (c) is not likely to cause undue interference with any wireless telegraphy used for the purposes of any safety of life service or for any purpose on which the safety of any person or of any vessel, aircraft or vehicle may depend.

• (2) The provisions of paragraph (1) above shall not apply to the use of apparatus which is sold or let on hire before the date of the coming into force of these Regulations by a person who in the course of business manufactures, assembles or imports such apparatus and which is not likely to cause undue interference with any wireless telegraphy.

6

The apparatus shall be measured in the manner prescribed by section 3 of B.S.800: 1977 and shall comply with the relevant limits of interference prescribed in section 2 thereof and, in relation to the testing of the apparatus, and the limits of interference thereof, any other relevant procedures, requirements and specifications set out in B.S.800: 1977 shall be complied with.

7

The Regulations specified in the Schedule hereto are hereby revoked.

SCHEDULE — REGULATIONS REVOKED BY REGULATION 7

Signed

Merlyn Rees — One of Her Majesty's Principal Secretaries of State — Home Office — 23rd August 1978

Explanatory note

EXPLANATORY NOTE

These Regulations (except Regulation 5) implement Council Directive No. 76/889/EEC relating to the control of radio interference caused by household appliances, portable tools and other equipment. The Regulations apply to any apparatus to which the Directive applies (examples of which are contained in Appendices A and B to British Standard Specification B.S.800: 1977) except any apparatus which is excluded from the scope of the Directive by a provision in the Annex thereof.

Regulation 4(1) provides that the requirements of Regulation 6 shall be complied with in the case of any apparatus which is placed on the market. Regulation 4(2) provides that in the case of any apparatus which is required by virtue of Regulation 4(1) to comply with the requirements of Regulation 6 there shall be a statement, either on the apparatus or in an accompanying document, to the effect that the apparatus complies with those requirements. However, the proviso to Regulation 4(2) provides that such a statement shall not be required if use is made of a mark or certificate issued by a body which is notified in accordance with Article 3.2 of the Directive.

Regulation 5(1) provides that the requirements of Regulation 6 shall be complied with if any apparatus is used by any person unless it complied with the requirements of Regulation 6 at the date of its manufacture, assembly or importation, is maintained in reasonable working order and is not likely to interfere with wireless telegraphy used for safety of life services or connected purposes. Regulation 5(2) provides that Regulation 5(1) shall not apply in certain circumstances where the apparatus was placed on the market before these Regulations came into force.

Regulation 6 provides that the requirements to be complied with are the relevant requirements prescribed by British Standard Specification B.S.800: 1977.

A person who fails to comply with the requirements of these Regulations may be served with a notice under section 11 or 12 of the Wireless Telegraphy Act 1949 and any person who contravenes the provisions of such a notice shall be guilty of an offence under that Act.

Footnotes

[^f00001]: 1969 c. 48; S.I. 1969/1369, 1371; 1974/691.