Legalize / United Kingdom / Statutory-Instrument

The Telecommunications Terminal Equipment Regulations 1992

Type Statutory-Instrument

Publication 1992-10-11

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(b) the conditions of the appointment shall include provision for ensuring that the confidentiality of confidential information held by the part of the undertaking so defined in pursuance of its function as a United Kingdom notified body is protected from disclosure to other parts of the undertaking.

(5) Upon the expiry of an appointment under regulation 50, the United Kingdom notified body shall be eligible for re-appointment.

Termination of appointment and transfer of functions

52

(1) The Secretary of State, by notice in writing (a “notice of termination”)—

(a) shall terminate the appointment of a United Kingdom notified body where—

(i) the body so requests; or

(ii) it appears to the Secretary of State that—

(aa) the body no longer satisfies the minimum criteria; or

(bb) it is necessary in the interests of manufacturers, suppliers or users of applicable terminal equipment, or of operators of public telecommunications networks, to terminate the body’s appointment; and

(b) may terminate such appointment if the body is in breach of a condition of appointment.

(2) Where the Secretary of State exercises the power conferred by paragraph (1) above—

(a) the notice of termination shall take effect on such date as shall be specified therein; and

(b) the Secretary of State shall inform the appropriate authorities of the member States and the Commission thereof.

(3) Where the Secretary of State—

(a) withdraws the authorisation of a United Kingdom notified body to exercise functions in relation to any description of apparatus pursuant to regulation 50(3); or

(b) terminates the appointment of such a body pursuant to paragraph (1) above,

he may give such directions (either to the body the subject of the withdrawal or termination, as the case may be, or to another authorised United Kingdom notified body) for the purposes of making such arrangements for the determination of outstanding applications as he considers appropriate.

(4) Without prejudice to the generality of the power conferred by paragraph (3) above, such directions may include the manner in which fees already received pursuant to regulation 53 below in respect of outstanding applications by the body the subject of the withdrawal or termination, as the case may be, are to be disposed of, having regard to the work already done on such applications by that body.

(5) The Secretary of State shall, where he takes an action referred to in paragraph (3)(a) or (b) in relation to a United Kingdom notified body, give such directions as he considers appropriate to provide for the exercise by another United Kingdom notified body or himself of any power conferred by a provision of Part III or IV of these Regulations exercisable by the first mentioned United Kingdom notified body, and where such directions have been given, a reference in those Parts to the United Kingdom notified body which issued any certificate or approval, or which carries out the product check or surveillance procedure, shall be construed as a reference to that other United Kingdom notified body or to the Secretary of State, as the case may require.

Power of United Kingdom notified body to charge fees

53

(1) Subject to paragraphs (2) to (4) below, a United Kingdom notified body may charge applicants such fees in connection with, or incidental to, the exercise of any of its powers as the body may determine; and such fees may include an amount on account of profit which is reasonable in the circumstances having regard to—

(a) the character and extent of the work done or to be done by the body in the determination of such applications; and

(b) the commercial rate normally charged on account of profit for that work or similar work.

(2) The power in paragraph (1) above includes, except in relation to surveillance, power to require the payment of fees or a reasonable estimate thereof with the application.

(3) Without prejudice to the generality of regulation 50(2) above, the conditions to which an appointment under regulation 50(1) may be subject may include a requirement to publish from time to time the scale of fees which the United Kingdom notified body charges pursuant to this regulation, or such information about the basis of calculation thereof as may be specified in the condition.

(4) Where a United Kingdom notified body carries out product checks or surveillance, in a case where the fees remain unpaid 28 days after either the work has been completed or payment of the fees has been requested in writing, whichever is the later, that body shall have power to suspend—

(a) in the case of the conformity to type product check procedure, the EC type-examination certificate or additional approval, as the case may require;

(b) in the case of the production quality assurance surveillance procedure, the EC type-examination certificate or additional approval, as the case may require, and the approval for the production quality assurance approved quality system; and

(c) in the case of the full quality assurance surveillance procedure, the approval for the full quality assurance approved quality system,

by 14 days notice in writing that, unless the fees are paid before the expiry of the notice, the certificate or approval, as the case may be, shall be suspended until payment of the fees has been received, and, where that body is not the notified body which issued the certificate or approval, it shall notify in writing the notified body which issued it of any suspension which takes effect.

Procedure where United Kingdom notified body is minded to make a decision unfavourable to the manufacturer

54

Before making an unfavourable decision in respect of a manufacturer, that is to say—

(a) refusing to grant—

(i) an EC type-examination certificate pursuant to regulation 18 above; or

(ii) an additional approval pursuant to regulation 21 above;

(b) varying an EC type-examination certificate pursuant to regulation 22(b) above;

(d) refusing to—

(i) approve a quality system pursuant to regulation 31 or 43 above; or

(ii) approve a quality system as modified pursuant to regulation 33 or 45 above; or

(e) withdrawing or modifying compulsorily a quality system pursuant to regulation 35 or 47 above,

the United Kingdom notified body shall give notice in writing to the applicant of the reasons why it proposes to make the unfavourable decision; and give the applicant the opportunity of making representations within 28 days as to why it should make a favourable decision, and consider any representations which are made by the applicant within that period.

Information to other notified bodies

55

A United Kingdom notified body shall—

(a) communicate to the other notified bodies the relevant information concerning—

(i) EC type-examination certificates and additional approvals;

(ii) the quality systems approvals,

issued or withdrawn by it;

(b) provide to the other notified bodies on request copies of EC type-examination certificates and additional approvals issued by it, and keep the annexes thereto at the disposal of those bodies.

Administrative requirements

56

(1) A United Kingdom notified body shall, when issuing—

(a) an EC type-examination certificate, where the manufacturer or his authorised representative has chosen the EC type-examination procedure; or

(b) a decision on full quality assurance, where the manufacturer has chosen the EC declaration of conformity procedure,

issue at the same time an administrative approval for the connection of the applicable terminal equipment concerned to the public telecommunications network.

(2) Where a United Kingdom notified body issues an EC type-examination certificate or an additional approval pursuant to regulation 19(1) or 21(1), as the case may be, it shall keep a copy of the list of the relevant parts of the technical documentation annexed to the said certificate or approval, as the case may be.

(3) In carrying out its functions under these Regulations, a United Kingdom notified body shall have regard to the result of any test or assessment carried out by a recognised test laboratory, whether at the request of that body or the manufacturer; provided that nothing in these Regulations shall authorise a United Kingdom notified body to rely on the opinion of a recognised test laboratory with regard to whether any applicable terminal equipment satisfies the essential requirements except in the case of a third country relevant body which has issued documentation which certifies that the equipment complies with all the essential requirements.

PART VI — RECOGNISED TEST LABORATORIES

Recognised test laboratories, designated test laboratories and third country relevant bodies

57

For the purposes of these Regulations—

(a) a recognised test laboratory is either—

(i) a designated test laboratory; or

(ii) a third country relevant body;

(b) a designated test laboratory is a test laboratory designated pursuant to Article 10.2 of the TTE Directive by—

(i) the Secretary of State pursuant to regulation 58 below as a United Kingdom designated test laboratory; or

(ii) a member State other than the United Kingdom as a designated test laboratory of that member State,

for the purposes of carrying out the tests pertaining to the procedures referred to in Article 9 of that Directive (being the EC type-examination procedure and the EC declaration of conformity procedure); and

(c) a third country relevant body is a body of a country or territory other than a member State which is recognised by the Community pursuant to Article 10.5 of the TTE Directive as competent to issue documentation for the purposes of facilitating the determination of conformity of applicable terminal equipment with common technical regulations, harmonized standards or national standards pursuant to an agreement between the Community and the country or territory concerned.

Designation of United Kingdom designated test laboratories

58

(1) Subject to the following provisions of this regulation, the Secretary of State may designate a laboratory as a United Kingdom test laboratory.

(2) A designation under this regulation shall be in writing and shall be subject to such conditions as the Secretary of State may impose for the time being, and such conditions may include conditions which are to apply on or following the termination or expiry of the designation.

(3) A designation under this regulation shall have effect in respect of such descriptions of applicable terminal equipment as the Secretary of State may for the time being authorise.

(4) Subject to paragraph (5) below, in exercising the power conferred by paragraph (1) above, the Secretary of State may have regard to any matter appearing to him to be relevant, provided however that he shall not designate a laboratory as a United Kingdom test laboratory unless he is satisfied that it satisfies the relevant criteria.

(5) Notwithstanding paragraph (4) above, the Secretary of State may, before 6th May 1994, designate a laboratory as a designated test laboratory if that laboratory is an approved testing laboratory without considering whether that laboratory satisfies the relevant criteria, provided however that the designation of such a laboratory shall lapse on that date if, before that date, such laboratory has not satisfied the Secretary of State that it satisfies the relevant criteria; and in this paragraph, “approved testing laboratory” means a laboratory which is an approved testing laboratory within the meaning of Article 2.8 of Council Directive 86/361/EEC and which is, on 6th November 1992, approved by the United Kingdom in the manner provided for in Article 7.2 of that Directive.

(6) The Secretary of State may, for the purposes of satisfying himself that a test laboratory satisfies the relevant criteria, have regard to an assessment of that laboratory against such criteria by a United Kingdom notified body.

(7) Subject to regulation 59 below, a designation under this regulation may be for—

(a) the time being; or

(b) such period as may be specified in the designation.

(8) Where the Commission informs the Secretary of State pursuant to Article 10.4 of the TTE Directive that, in the opinion of the Committee referred to in Article 13 thereof, changes are necessary in the conditions to which a designation of a United Kingdom designated test laboratory is subject or in the authorised descriptions of applicable terminal equipment in respect of which the designation has effect if that laboratory is to retain its recognised status, the Secretary of State shall vary the conditions or authorised descriptions, as the case may require, to give effect to such changes.

(9) Nothing in these Regulations shall require a United Kingdom designated test laboratory to carry out any test or assessment upon request from a manufacturer of applicable terminal equipment or a notified body; and it is hereby declared for the avoidance of doubt that where a United Kingdom designated test laboratory carries out any test or assessment, it may charge such fees (which may include an amount on account of profit) as it may determine.

(10) In this regulation and regulation 59 below, “relevant criteria” means the criteria fixed by the appropriate parts of standards which are relevant harmonized standards for the designation of such laboratories for the purposes of Article 10.2 of the TTE Directive.

Termination of designation

59

The Secretary of State, by notice in writing (a “notice of termination”)—

(a) shall terminate the designation of a United Kingdom designated test laboratory where—

(i) the laboratory so requests; or

(ii) it appears to the Secretary of State that—

(aa) the laboratory no longer satisfies the relevant criteria; or

(bb) it is necessary in the interests of manufacturers, suppliers or users of applicable terminal equipment, or of operators of public telecommunications networks, to terminate the laboratory’s appointment; and

(b) may terminate the designation if the laboratory is in breach of a condition of designation;

and where the Secretary of State terminates appointment of a United Kingdom designated test laboratory, he shall inform the appropriate authorities of the member States and the Commission thereof.

Tests and assessments carried out by recognised test laboratories

60

A United Kingdom notified body may have any test or assessment of any applicable terminal equipment which it could carry out itself in the course of its functions under these Regulations carried out by a recognised test laboratory; and where a recognised test laboratory carries out such a test or assessment in the course of a visit to the manufacturer’s premises pursuant to one of the procedures provided for in regulation 26, 34 or 46 above, a reference in those Regulations to allowing the notified body access and providing the notified body with information, facilities and assistance shall be construed as a reference to allowing the recognised test laboratory access or providing the recognised test laboratory with information, facilities and assistance, as the case may be.

PART VII — ENFORCEMENT

Enforcement authorities and powers

Enforcement authorities

61

(1) It shall be the duty of the following authorities to enforce these Regulations—

(a) in Great Britain, weights and measures authorities; and

(b) in Northern Ireland, the Department of Economic Development.

(2) The Secretary of State may enforce these Regulations.

(3) Nothing in this regulation shall authorise a weights and measures authority to bring proceedings in Scotland for an offence.

(4) In these Regulations, “enforcement authority” means any person who is, pursuant to the provisions of this regulation, authorised to act as an enforcement authority.

Test purchases

62

(1) The enforcement authority shall have power, for the purpose of ascertaining whether applicable terminal equipment complies with the requirements of regulation 8 or 12 above to make, or to authorise an officer of the authority to make, any purchase of terminal equipment, connection-capable equipment or radio connection-capable equipment.

(2) Where—

(a) any equipment purchased under this regulation by or on behalf of the enforcement authority is submitted to a test; and

(b) the test leads to—

(i) the bringing of proceedings for an offence under regulation 70, 71 or 73 below in relation to the equipment or the forfeiture of equipment of the same description under regulation 82 or 83 below; or

(ii) the serving of a suspension notice in respect of any equipment; and

the authority shall allow the person from whom the equipment was purchased or any person who is a party to the proceedings or has an interest in any equipment to which the notice relates to have the equipment tested.

Powers of search etc

63

(1) Subject to regulation 64 below, a duly authorised officer of the enforcement authority may at any reasonable hour and on production, if required, of his credentials exercise any of the powers conferred by the following provisions of this regulation.

(2) The officer may, for the purpose of ascertaining whether there has been a contravention of any of the requirements of Part II of these Regulations—

(a) inspect any terminal equipment, connection-capable equipment or radio connection-capable equipment and enter any premises other than premises occupied only as a person’s residence; or

(b) examine any procedure (including any arrangements for carrying out a test) connected with the production of any such equipment.

(3) If the officer has reasonable grounds for suspecting that there has been a contravention of any of the requirements of Part II of these Regulations, he may for the purpose of ascertaining (by testing or otherwise) whether there has been any such contravention, seize and detain any terminal equipment, connection-capable equipment or radio connection-capable equipment.

(4) The officer may seize and detain—

(a) any terminal equipment, connection-capable equipment, radio connection-capable equipment, document, record or information of which the officer may require production under regulation 69 below, or any other thing, which he has reasonable grounds for believing may be required as evidence in proceedings for an offence under these Regulations; or

(b) any terminal equipment, connection-capable equipment or radio connection-capable equipment which he has reasonable grounds for suspecting may be liable to be forfeited under regulation 82 or 83 below.

(5) The officer may, for the purpose of the exercise of his powers under paragraph (3) or (4) above to seize any thing—

(a) require any person having authority to do so to open any container; and

(b) himself open or break open any such container where a requirement made under sub-paragraph (a) above in relation to the container has not been complied with.

Provisions supplemental to regulation 63

64

(1) An officer seizing any equipment, records, documents, information or other thing under regulation 63 above shall inform the person from whom they are seized that such equipment, records or other thing have been so seized.

(2) If a justice of the peace—

(a) is satisfied by any written information on oath that there are reasonable grounds for believing either—

(i) that any equipment, documents, records, information or other thing which any officer has power to inspect under regulation 63 above are on any premises (which may be premises occupied only as a person’s residence) and that, if their inspection reveals that the equipment is applicable terminal equipment or connection-capable equipment or radio connection-capable equipment to which regulation 12(1) above applies or that the documents, records, information or other thing relates to such equipment, such inspection is likely to disclose evidence that there has been a contravention of any provision of Part II of these Regulations; or

(ii) that such a contravention has taken place, is taking place or is about to take place on any premises; and

(b) is also satisfied by any such information either—

(i) that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this paragraph has been given to the occupier; or

(ii) that an application for admission, or the giving of such a notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,

the justice may by warrant under his hand, which shall continue in force for one month, authorise any officer of the enforcement authority to enter the premises, if need be by force.

(3) An officer entering any premises by virtue of regulation 63 above or a warrant under paragraph (2) of this regulation may take with him such other persons and such equipment as may appear to him necessary.

(4) On leaving any premises which a person is authorised to enter by a warrant under paragraph (2) of this regulation, that person shall, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as he found them.

(5) Where any equipment seized by an officer under regulation 63 above is submitted to a test, the officer shall inform the person mentioned in paragraph (1) of this regulation of the result of the test and, if—

(a) proceedings are brought for an offence in respect of a contravention in relation to any equipment of any provision of these Regulations or for the forfeiture of any equipment under regulation 82 or 83 below, or a suspension notice is served in respect of any equipment; and

(b) the officer is requested to do so and it is practicable to comply with the request,

the officer shall allow any person who is party to the proceedings or, as the case may be, has an interest in the equipment to which the notice relates to have the equipment tested.

(6) In the application of this regulation to Scotland, the reference in paragraph (2) above to a justice of the peace shall include a reference to a sheriff and the references to written information on oath shall be construed as references to evidence on oath.

(7) In the application of this regulation to Northern Ireland, the references in paragraph (2) above to any information on oath shall be construed as references to any complaint on oath.

Appeals against detention of equipment

65

(1) Any person having an interest in any equipment, document, record, information or other thing which is for the time being detained under any provision of this Part by the enforcement authority or by an officer of such authority may apply for an order requiring the equipment to be released to him or to another person.

(2) An application under this regulation may be made—

(a) to any magistrates' court in which proceedings have been brought in England and Wales and Northern Ireland—

(i) for an offence under regulation 70, 71 or 73 below; or

(ii) for the forfeiture of the equipment under regulation 82 below;

(b) where no such proceedings have been so brought, by way of complaint to a magistrates' court; or

(3) On an application under this regulation to a magistrates' court or to the sheriff, an order requiring equipment to be released shall be made only if the court or sheriff is satisfied—

(a) that proceedings—

(i) for an offence under regulation 70, 71 or 73 below in respect of the equipment; or

(ii) for the forfeiture of the equipment under regulation 82 or 83 below,

have not been brought or, having been brought, have been concluded without the equipment being forfeited; and

(b) where no such proceedings have been brought, that more than six months have elapsed since the equipment was seized.

(4) Any person aggrieved by an order made under this regulation by a magistrates' court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision—

(a) in England and Wales, to the Crown Court;

(b) in Northern Ireland, to the county court;

and an order so made may contain such provisions as appears to the court appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980[^f00012] or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981[^f00013] (statement of case)).

Prohibition notices

66

(1) Where the Secretary of State considers that—

(a) any applicable terminal equipment does not comply with the requirements of regulation 8 above; or

(b) any connection-capable equipment or radio connection-capable equipment to which paragraph (1) of regulation 12 above applies does not comply with the requirements of that paragraph,

he may serve on the manufacturer, supplier or user of such equipment, or on the operator of any public telecommunication system to which such equipment is connected, a notice (“a prohibition notice”) prohibiting—

(i) that manufacturer, supplier or user from manufacturing, supplying, putting into service, connecting or permitting to remain connected to any telecommunication system or using that equipment as the case may require; or

(ii) that operator from permitting—

(aa) such equipment to remain connected to that system; or

(bb) the supply of telecommunication services by means of that system to a person using such equipment,

except with the consent of the Secretary of State.

(2) Schedule 7 hereto shall have effect with respect to prohibition notices.

(3) A consent given by the Secretary of State for the purposes of a prohibition notice may impose such conditions on the doing of anything for which the consent is required as the Secretary of State considers appropriate.

Suspension notices

67

(1) Where the enforcement authority has reasonable grounds for suspecting that regulation 8 or 12 above has been, is being or is likely to be contravened, the authority may serve a notice (“a suspension notice”) on the manufacturer, supplier, or user of the terminal equipment, connection-capable equipment or radio connection-capable equip-ment concerned or on the operator of any public telecommunication system to which such equipment is connected, prohibiting—

(a) that manufacturer, supplier or user from manufacturing, supplying, putting into service, connecting or permitting to remain connected to any public tele-communication system or using the equipment concerned as the case may require; or

(b) that operator from permitting—

(i) such equipment to remain connected to that system; or

(ii) the supply of telecommunication services by means of that system to a person using such equipment,

for such period ending not more than six months after the date of the notice as is specified therein, without the consent of that authority.

(2) A suspension notice served by the enforcement authority in respect of any such equipment shall—

(a) describe the equipment to which it relates in a manner sufficient to identify it;

(b) set out the grounds on which the authority suspects that regulation 8 or 12 above has been, is being or is likely to be contravened, as the case may be; and

(c) state that, and the manner in which, the person on whom the notice is served may appeal against the notice under regulation 68 below.

(3) A consent given by the enforcement authority for the purposes of a suspension notice may impose such conditions on the doing of anything for which the consent is required as that authority considers appropriate.

(4) A suspension notice may require the person on whom it is served to keep the enforcement authority which served the notice informed of the whereabouts throughout the period during which the notice has effect of any of the equipment in which that person has an interest.

(5) Where a suspension notice has been served on any person in respect of equipment, no further such notice shall be served on that person in respect of the same equipment unless—

(a) proceedings against that person for an offence under regulation 70, 71 or 73 below; or

(b) proceedings for the forfeiture of the equipment under regulation 82 or 83 below,

are pending at the end of the period specified in the first-mentioned notice.

Appeals against suspension notices

68

(1) Any person having an interest in any equipment in respect of which a suspension notice is for the time being in force may apply for an order setting aside the notice.

(2) An application under this regulation may be made—

(a) in England and Wales or Northern Ireland—

(i) to any magistrates' court in which proceedings have been brought—

(aa) for an offence under regulation 70, 71 or 73 below; or

(bb) for the forfeiture of the equipment under regulation 82 below; or

(ii) where no such proceedings have been so brought, by way of complaint to a magistrates' court; or

(b) in Scotland, by summary application to the sheriff.

(3) On an application under this regulation to a magistrates' court in England and Wales or Northern Ireland the court shall make an order setting aside the suspension notice only if the court is satisfied that there has been no contravention in relation to the equipment of regulation 8 or 12 above as the case may be.

(4) On an application under this regulation to the sheriff he shall make an order setting aside the suspension notice only if he is satisfied that at the date of making the order—

(a) proceedings for an offence under regulation 70, 71 or 73 below; or

(b) proceedings for the forfeiture of the equipment under regulation 83 below,

have not been brought or, having been brought, have been concluded.

(5) Any person aggrieved by an order made under this regulation by a magistrates' court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision—

(a) in England and Wales, to the Crown Court;

(b) in Northern Ireland, to the county court;

and an order so made may contain such provision as appears to the court appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)).

Power to require production of documents and information etc.

69

An officer of the enforcement authority may, for the purposes of exercising his functions under this Part, require—

(a) any person who is required by regulation 11 above to retain any document, to produce such document;

(b) any person who is in possession of any such document or a copy thereof at any time to produce it;

(c) a manufacturer or his authorised representative, supplier or user of terminal equipment, connection-capable equipment or radio connection-capable equip-ment to produce such documents or records relating to such equipment as are in his possession or under his control; or

(d) a manufacturer or his authorised representative, supplier or user of any such equipment to give him such information as he may reasonably require,

and such officer may inspect any thing which he may require to be produced under this regulation, and take a copy thereof or of any part thereof.

Offences

Supplying, putting into service, connecting or permitting to remain connected equipment in contravention of regulation 8 or 12

70

(1) Any person who—

(a) supplies;

(b) puts into service; or

applicable terminal equipment in contravention of regulation 8 above shall be guilty of an offence.

(2) Any person who—

(a) supplies; or

(b) puts into service;

connection-capable equipment or radio connection-capable equipment to which paragraph (1) of regulation 12 above applies in contravention of that paragraph shall be guilty of an offence.

(3) Any person who connects, or permits to remain connected connection-capable equipment or radio connection-capable equipment to a public telecommunications network in contravention of regulation 12(3) above shall be guilty of an offence.

Contravention of prohibition notice or suspension notice

71

Any person who contravenes a prohibition notice or a suspension notice shall be guilty of an offence.

False or misleading information

72

Any person who, in giving any information which he is required to give under regulation 69(c) or (d) above—

(a) makes any statement which he knows is false or misleading in a material particular; or

(b) recklessly makes any statement which is false or misleading in a material particular,

shall be guilty of an offence.

Misuse of the CE mark etc.

73

(1) Any person who affixes the CE mark or the connection symbol, or the non-connection symbol, or an inscription liable to be confused with any such mark, to any equipment in contravention of regulation 10(2) or 12(1) or (2) above shall be guilty of an offence.

(2) Any person who issues an EC declaration of conformity to type or an EC declaration of conformity in relation to applicable terminal equipment in contravention of regulation 36 or 48 above shall be guilty of an offence.

Obstruction etc of officers of the enforcement authority etc.

74

(1) Any person who—

(a) intentionally obstructs any officer of the enforcement authority who is acting in pursuance of any provision of this Part;

(b) intentionally fails or refuses to comply with any requirement made of him by any officer of the enforcement authority under any provision of this Part;

(c) without reasonable cause fails or refuses to give any officer of the enforcement authority who is so acting any other assistance which the officer may reasonably require of him for the purposes of the exercise of the officer’s functions under any provision of this Part; or

(d) fails to comply with a court order under regulation 81 below,

shall be guilty of an offence.

(2) Any person who falsely pretends to be an officer of the enforcement authority shall be guilty of an offence.

Failure to retain documentation

75

Any person who contravenes regulation 11 above shall be guilty of an offence.

Defence of due diligence

76

(1) Subject to the following provisions of this regulation, in proceedings against any person for an offence under regulation 70 or 73 above it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

(2) Where in any proceedings against any person for such an offence the defence provided by paragraph (1) above involves an allegation that the commission of the offence was due—

(a) to the act or default of another; or

(b) to reliance on information given by another,

that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland, the trial diet), he has served a notice under paragraph (3) below on the person bringing the proceedings.

(3) A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.

(4) It is hereby declared that a person shall not be entitled to rely on the defence provided by paragraph (1) above by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular—

(a) to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and

(b) to whether he had any reason to disbelieve the information.

Liability of persons other than the principal offender

77

(1) Where the commission by any person of an offence under regulations 70 to 75 above is due to the act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.

(2) Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1) above) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(3) Where the affairs of a body corporate are managed by its members, paragraph (2) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(4) In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.

Extension of time for bringing summary proceedings

78

Notwithstanding section 127 of the Magistrates' Courts Act 1980 and section 331 of the Criminal Procedure (Scotland) Act 1975[^f00014], proceedings for an offence under regulations 70 to 75 above may be commenced at any time within three years from the date of the offence, or one year from the date on which there comes to the knowledge of the prosecutor evidence sufficient to justify a prosecution for that offence, whichever is the earlier; and for the purposes of this regulation—

(a) a certificate of the prosecutor stating that such evidence came to his knowledge on a specified date shall be conclusive evidence of that fact; and

(b) a document purporting to be such a certificate and to be signed by or on behalf of the prosecutor shall be presumed to be such a certificate unless the contrary is proved.

Inference of condition of equipment at time of supply or putting into service

79

It is hereby declared that, in any proceedings in which it is in issue whether any applicable terminal equipment complied with the requirements of regulation 8 above at the time when it was supplied, put into service or connected to a public telecommunications network as the case may be, a court may infer that such equipment did not so comply at that time if—

(a) it is proved that it does not so comply or did not so comply at a time subsequent to its having been supplied, put into service or so connected; and

(b) having regard to all the circumstances of the case, it appears to the court that the failure of the equipment to comply at the time referred to in paragraph (a) above is not attributable to any cause arising subsequent to its having been supplied, put into service or so connected.

Powers of the court

Penalties

80

(1) A person guilty of an offence under regulation 71, 72, or 74(2) above shall be liable on summary conviction—

(a) to imprisonment for a term not exceeding three months; or

(b) to a fine not exceeding level 5 on the standard scale,

or to both.

(2) A person guilty of an offence under regulation 70, 73, 74(1) or 75 above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Power of the court to require matter to be remedied

81

(1) Where a person is convicted of an offence under regulation 70 or 73 above in respect of any matters which appear to the court to be matters which it is in his power to remedy, the court may, in addition to or instead of imposing any punishment, order him, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying the said matters.

(2) The time fixed by an order under paragraph (1) above may be extended or further extended by order of the court on an application made before the end of that time as originally fixed or as extended under this paragraph, as the case may be.

(3) Where a person is ordered under paragraph (1) above to remedy any matters, that person shall not be guilty of an offence under regulation 70 or 73 above as the case may be in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under paragraph (2) above.

Forfeiture: England and Wales and Northern Ireland

82

(1) An enforcement authority in England and Wales or Northern Ireland may apply under this regulation for an order for the forfeiture of—

(a) any applicable terminal equipment on the grounds that there has been a contravention in relation thereto of regulation 8 above;

(b) either—

(i) any terminal equipment other than applicable terminal equipment; or

(ii) any connection-capable equipment or radio connection-capable equipment other than equipment to which regulation 12(1) applies,

on the grounds that there is affixed to it either the CE mark or the connection symbol or the non-connection symbol or any inscription liable to be confused with any such mark in contravention of regulation 10;

(c) any connection-capable equipment or radio connection-capable equipment to which paragraph (1) of regulation 12 above applies on the grounds either that—

(i) it does not comply with the requirements of that paragraph; or

(ii) there is affixed to it the connection symbol or any inscription liable to be confused therewith in contravention of regulation 12.

(2) An application under this regulation may be made—

(a) where proceedings have been brought in a magistrates' court for an offence in respect of an offence in relation to some or all of the equipment under regulation 70, 71 or 73, to that court;

(b) where an application with respect to some or all of the equipment has been made to a magistrates' court under regulation 65 or 68 above, to that court; and

(c) where no application for the forfeiture of the equipment has been made under sub-paragraph (a) or (b) above, by way of complaint to a magistrates' court.

(3) On an application under this regulation the court shall make an order for the forfeiture of the equipment only if it is satisfied that there has been a contravention in relation thereto of regulation 8 or 12 above.

(4) For the avoidance of doubt it is hereby declared that a court may infer for the purposes of this regulation that there has been a contravention in relation to any equipment of regulation 8 or 12 above if it is satisfied that that regulation has been contravened in relation to equipment which is representative of that equipment (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

(5) Any person aggrieved by an order made under this regulation by a magistrates' court, or by a decision of such court not to make such an order, may appeal against that order or decision—

(a) in England and Wales, to the Crown Court;

(b) in Northern Ireland, to the county court,

and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of an order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)).

(6) Subject to paragraph (7) below, where any equipment is forfeited under this regulation it shall be destroyed in accordance with such directions as the court may give.

(7) On making an order under this regulation a magistrates' court may, if it considers it appropriate to do so, direct that the equipment to which the order relates shall (instead of being destroyed) be released, to such person as the court may specify, on condition that that person—

(a) does not supply the equipment to any person otherwise than—

(i) to a person who carries on a business of buying equipment of the same description as the first mentioned equipment and repairing or recondition-ing it; or

(ii) as scrap (that is to say, for the value of materials included in the equipment rather than for the value of the equipment itself); and

(b) complies with any order to pay costs or expenses (including any order under regulation 84 below) which has been made against that person in the proceedings for the order for forfeiture.

Forfeiture: Scotland

83

(1) In Scotland a sheriff may—

(a) on an application by the procurator-fiscal made in the manner specified in section 310 of the Criminal Procedure (Scotland) Act 1975[^f00015] ; or

(b) where a person is convicted of any offence in any of the circumstances mentioned in sub-paragraphs (i) to (iii) below, in addition to any other penalty which the sheriff may impose,

make an order for forfeiture of—

(i) any applicable terminal equipment on the grounds that there has been a contravention in relation thereto of regulation 8 above;

(ii) either—

(aa) any terminal equipment other than applicable terminal equipment; or

(bb) any connection-capable equipment or radio connection-capable equipment other than equipment to which regulation 12(1) applies,

(iii) any connection-capable equipment or radio connection—capable equipment to which paragraph (1) of regulation 12 above applies on the grounds either that—

(aa) it does not comply with the requirements of that paragraph; or

(bb) there is affixed to it the connection symbol or any inscription liable to be confused therewith in contravention of regulation 12.

(2) The procurator-fiscal making an application under paragraph (1)(a) above shall serve on any person appearing to him to be the owner of, or otherwise to have an interest in, the equipment to which the application relates a copy of the application, together with a notice giving him the opportunity to appear at the hearing of the application to show cause why the equipment should not be forfeited.

(3) Service under paragraph (2) above shall be carried out, and such service may be proved, in the manner specified for citation of an accused in summary proceedings under the Criminal Procedure (Scotland) Act 1975.

(4) Any person upon whom a notice is served under paragraph (2) above and any other person claiming to be the owner of, or otherwise to have an interest in, the equipment to which an application under this regulation relates shall be entitled to appear at the hearing of the application to show cause why the equipment should not be forfeited.

(5) The sheriff shall not make an order following an application under paragraph (1)(a) above—

(a) if any person on whom notice is served under paragraph (2) above does not appear, unless service of the notice on that person is proved; or

(b) if no notice under paragraph (2) above has been served, unless the court is satisfied that in the circumstances it was reasonable not to serve notice on any person.

(6) The sheriff shall make an order under this regulation only if he is satisfied that there has been a contravention in relation to the equipment of regulation 8 or 12 above.

(7) For the avoidance of doubt it is hereby declared that the sheriff may infer for the purposes of this regulation that there has been a contravention in relation to any equipment of regulation 8 or 12 above if he is satisfied that that regulation has been contravened in relation to equipment which is representative of that equipment (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

(8) Where an order for the forfeiture of any equipment is made following an application by the procurator-fiscal under paragraph (1)(a) above, any person who appeared, or was entitled to appear, to show cause why it should not be forfeited may, within twenty-one days of the making of the order, appeal to the High Court by Bill of Suspension on the ground of an alleged miscarriage of justice; and section 452(4)(a) to (e) of the Criminal Procedure (Scotland) Act 1975[^f00016] shall apply to an appeal under this paragraph as it applies to a stated case under Part II of that Act.

(9) An order following an application under paragraph (1)(a) above shall not take effect—

(a) until the end of the period of twenty-one days beginning with the day after the day on which the order is made; or

(b) if an appeal is made under paragraph (8) above within that period, until the appeal is determined or abandoned.

(10) An order under paragraph (1)(b) shall not take effect—

(a) until the end of the period within which an appeal against the order could be brought under the Criminal Procedure (Scotland) Act 1975; or

(b) if an appeal is made within that period, until the appeal is determined or abandoned.

(11) Subject to paragraph (12) below, equipment forfeited under this regulation shall be destroyed in accordance with such directions as the sheriff may give.

(12) If he thinks fit, the sheriff may direct the equipment (instead of being destroyed) to be released to such person as he may specify, on condition that that person does not supply it to any person otherwise than—

(a) to a person who carries on a business of buying equipment of the same description as the first-mentioned equipment and repairing or reconditioning it; or

(b) as scrap (that is to say, for the value of materials included in the equipment rather than for the value of the equipment itself).

Recovery of expenses of enforcement

84

(1) This regulation applies where a court—

(a) convicts a person of an offence under regulation 70, 71 or 73 above; or

(b) makes an order under regulation 82 or 83 above for the forfeiture of any equipment.

(2) The court may (in addition to any other order it may make as to costs or expenses) order the person convicted or, as the case may be, any person having an interest in the equipment the subject of the order for forfeiture, to reimburse an enforcement authority for any expenditure which has been or may be incurred by that authority—

(a) in investigating the offence, and, without prejudice to the generality of the foregoing, in having the equipment tested;

(b) in connection with any seizure or detention of the equipment by or on behalf of the authority; or

(c) in connection with any compliance by that authority with directions given by the court for the purposes of any order for the forfeiture of the equipment.

PART VIII — MISCELLANEOUS AND SUPPLEMENTAL

Restrictions on disclosure of information

85

(1) Subject to the following provisions of this regulation, a person shall be guilty of an offence if he discloses any information—

(a) which was obtained by him in consequence of the exercise by any person of any power conferred by Part VII of these Regulations; or

(b) which consists in a secret manufacturing process or a trade secret and was obtained by him in consequence of the inclusion of the information—

(i) in written or oral representations made for the purposes of Schedule 7 hereto; or

(ii) in a statement of a witness in connection with any such oral representations.

(2) Paragraph (1) above shall not apply to a disclosure of information if the information is publicised information or the disclosure is made—

(a) for the purposes of facilitating the exercise of a relevant person’s functions under these Regulations;

(b) for the purpose of facilitating the exercise of a relevant person’s enforcement or regulatory functions under any enactment (whether passed or made before or after the making of these Regulations);

(d) in connection with the investigation of any criminal offence or for the purposes of any civil or criminal proceedings.

(3) In paragraph (2)(b) above the reference to a person’s functions shall include a reference to the function of making, amending or revoking any regulations or order.

(4) A person guilty of an offence under this regulation shall be liable—

(a) on summary conviction, to a fine not exceeding level 5 on the standard scale; or

(b) on conviction on indictment, to—

(i) imprisonment for a term not exceeding two years; or

(ii) a fine,

or to both.

(5) In this regulation—

“publicised information” means any information which has been disclosed in any civil or criminal proceedings; and

“relevant person” means— a Minister of the Crown, Government department or Northern Ireland department; an enforcement authority; or any other person on whom enforcement or regulatory functions are conferred by or under any enactment.

Service of documents etc.

86

(1) Any document required or authorised by these Regulations to be served on a person may be so served—

(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address;

(b) if the person is a body corporate, by serving it in accordance with sub-paragraph (a) above on the secretary or clerk of that body; or

(c) if the person is a partnership, by serving it in accordance with that sub-paragraph on a partner or on a person having control or management of the partnership business.

(2) For the purposes of paragraph (1) above, and for the purposes of section 7 of the Interpretation Act 1978[^f00017] (which relates to the service of documents by post) in its application to that paragraph, the proper address of any person on whom a document is to be served by virtue of these Regulations shall be his last known address except that—

(a) in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body corporate;

(b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the principal office of the partnership;

and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

Duty of enforcement authority to inform the Secretary of State of action taken

87

The enforcement authority shall, where action has been taken by it to prohibit or restrict the supply or putting into service (whether under these Regulations or otherwise) of any applicable terminal equipment, forthwith inform the Secretary of State of the action taken, and the reasons for it, with a view to this information being passed by him to the Commission.

Savings for certain privileges

88

(1) Nothing in these Regulations shall be taken as requiring any person to produce any documents or records if he would be entitled to refuse to produce those documents or records in any proceedings in any court on the grounds that they are the subject of legal professional privilege or, in Scotland, that they contain a confidential communication made by or to an advocate or solicitor in that capacity, or as authorising any person to take possession of any documents or records which are in the possession of a person who would be so entitled.

(2) Nothing in these Regulations shall be construed as requiring a person to answer any question or give any information if to do so would incriminate that person or that person’s spouse.

Savings for action taken under other enactments

89

(1) Nothing in these Regulations shall be construed as preventing the taking of any action in respect of any equipment under the provisions of any other enactment.

(2) For the avoidance of doubt, it is hereby declared that nothing in these Regulations shall be construed as dispensing with any requirement—

(a) of a licence granted under—

(i) section 7 of the 1984 Act to run a telecommunication system within the meaning of that Act;

(ii) section 1[^f00018] of the 1949 Act to establish and use any station for wireless telegraphy or to instal and use any wireless telegraphy apparatus within the meaning of that Act;

(b) that equipment complies with the Electromagnetic Compatibility Regulations 1992[^f00019];

(d) an order made under—

(i) section 7 of the Wireless Telegraphy Act 1967[^f00020];

(ii) section 85 or 86 of the 1984 Act.

SCHEDULE 1 — ORDERS MADE UNDER SECTIONS 28 AND 29 OF THE 1984 ACT IMPOSING CERTAIN REQUIREMENTS RELATING TO THE MARKING, LABELLING AND ADVERTISEMENT OF TELECOMMUNICATION APPARATUS WHICH CEASE TO APPLY TO APPLICABLE TERMINAL EQUIPMENT ON 6TH NOVEMBER 1992

Orders ceasing to apply to applicable terminal equipment, connection-capable equipment and radio connection-capable equipment on 6th November 1992	References
The Telecommunication Apparatus (Marking and Labelling) Order 1985	S.I. 1985/717
The Telecommunication Apparatus (Bell Noise — Labelling) Order 1985	S.I. 1985/718
The Telecommunication Apparatus (Advertisements) Order 1985	S.I. 1985/719
The Telecommunication Apparatus (Advertisements) (Amendment) Order 1985	S.I. 1985/1030
The Telecommunication Apparatus (Marking and Labelling) (Amendment) Order 1985	S.I. 1985/1031

SCHEDULE 2 — THE CE MARK

In the CE mark, the symbol “CE” shall be set out in the form shown below—

SCHEDULE 3 — FORM OF THE NOTIFIED BODY SYMBOL AND THE CONNECTION SYMBOL

The notified body symbol shall be enclosed as shown below—

The connection symbol shall be in the form set out below—

SCHEDULE 4 — FORM OF THE NON-CONNECTION SYMBOL

The non-connection symbol shall be in the form set out below—

SCHEDULE 5 — MODEL OF THE INTENDED PURPOSE DECLARATION FOR CONNECTION-CAPABLE EQUIPMENT AND RADIO CONNECTION-CAPABLE EQUIPMENT

An intended purpose declaration shall be in the form of the model set out below—

SCHEDULE 6 — MINIMUM CRITERIA TO BE SATISFIED BY UNITED KINGDOM NOTIFIED BODIES

The criteria (being the criteria to be taken into account by member States when designating notified bodies in accordance with article 10.1 of the TTE Directive) which a person is required to meet to be eligible for appointment as a United Kingdom notified body are as follows—

1

The notified body, its director and the staff responsible for carrying out the tasks for which the notified body has been designated shall not be a designer, manufacturer, supplier or installer of terminal equipment, or a network operator or a service provider, nor the authorised representative of any of such parties. They shall not become directly involved in the design, construction, marketing or maintenance of terminal equipment, nor represent the parties engaged in these activities. This does not preclude the possibility of exchanges of technical information between the manufacturer and the notified body.

2

The notified body and its staff must carry out the tasks for which the notified body has been designated with the highest degree of professional integrity and technical competence and must be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of any inspection, especially from persons or groups of persons with an interest in such results.

3

The notified body must have at its disposal the necessary staff and facilities to enable it to perform properly the administrative and technical work associated with the tasks for which it has been designated.

4

The staff responsible for inspections must have—

(a) sound technical and professional training;

(b) satisfactory knowledge of the requirements of the tests or inspections that are carried out and adequate experience of such tests or inspections; and

(c) the ability to draw up the certificates, records and reports required to authenticate the performance of the inspections.

5

The impartiality of inspection staff must be guaranteed. Their remuneration must not depend on the number of tests or inspections carried out nor on the results of such inspections.

6

The notified body must take out liability insurance unless its liability is assumed by the government of the United Kingdom in accordance with law, or the government of the United Kingdom is directly responsible.

7

The staff of the notified body are bound to observe professional secrecy with regard to all information gained in carrying out its functions pursuant to these Regulations (except in relation to the Secretary of State and the enforcement authorities).

SCHEDULE 7 — PROHIBITION NOTICES

1

A prohibition notice in respect of any equipment shall—

(a) state that the Secretary of State considers that the equipment does not comply with the requirements of regulation 8 or 12, as the case may be, or did not so comply when it was supplied or put into service;

(b) set out the reasons why the Secretary of State so considers;

(d) state that the manufacturer, supplier or user of the equipment, or operator of the public telecommunication system, as the case may be, may at any time make representations in writing to the Secretary of State for the purpose of establishing that that equipment so complies or did so comply, as the case may require.

2

(1) If representations in writing about a prohibition notice are made by the manufacturer, supplier or user of the equipment, or operator of the public telecommunication system, as the case may be, to the Secretary of State, it shall be the duty of the Secretary of State to consider whether to revoke the notice and—

(a) if he decides to revoke it, to do so;

(b) in any other case, to appoint a person to consider those representations, any further representations made (whether in writing or orally) by the notified person about the notice and the statements of any witnesses examined under this Schedule.

(2) Where the Secretary of State has appointed a person to consider representations about a prohibition notice, he shall serve a notification on the notified person which—

(a) states that the notified person may make oral representations to the appointed person for the purpose of establishing that the equipment to which the notice relates complies or did comply with regulation 8 or 12 as the case may require; and

(b) specifies the place and time at which the oral representations may be made.

(3) The time specified in a notification served under sub-paragraph (2) above shall not be before the end of the period of twenty-one days beginning with the day on which the notification is served, unless the notified person otherwise agrees.

(4) A person on whom a notification has been served under sub-paragraph (2) above or his representative may, at the place and time specified in the notification—

(a) make oral representations to the appointed person for the purpose of establishing that the equipment in question complies or did so comply; and

(b) call and examine witnesses in connection with the representations.

3

(1) Where representations in writing about a prohibition notice are made by the notified person to the Secretary of State at any time after a person has been appointed to consider representations about that notice, then, whether or not the appointed person has made a report to the Secretary of State, the following provisions of this paragraph shall apply instead of paragraph 2 above.

(2) The Secretary of State shall, before the end of the period of one month beginning with the day on which he receives the representations, serve a notification on the notified person which states—

(a) that the Secretary of State has decided to revoke the notice, has decided to vary it or, as the case may be, has decided neither to revoke nor to vary it: or

(b) that, a person having been appointed to consider representations about the notice, the notified person may, at a place and time specified in the notification, make oral representations to the appointed person for the purpose of establishing that the equipment to which the notice relates complies or did comply with regulation 8 or 12 as the case may require.

(3) The time specified in a notification served for the purposes of sub-paragraph (2)(b) above shall not be before the end of the period of twenty-one days beginning with the day on which the notification is served, unless the notified person otherwise agrees or the time is the time already specified for the purposes of paragraph 2(2)(b) above.

(4) A person on whom a notification has been served for the purposes of sub-paragraph (2)(b) above or his representative may, at the place and time specified in the notification—

(a) make oral representations to the appointed person for the purpose of establishing that the equipment in question complies or did so comply; and

(b) call and examine witnesses in connection with the representations.

4

(1) Where a person is appointed to consider representations about a prohibition notice, it shall be his duty to consider—

(a) any written representations made by the notified person about the notice, other than those in respect of which a notification is served under paragraph 3(2)(a) above;

(b) any oral representations made under paragraph 2(4) or 3(4) above; and

and, after considering any matters under this paragraph, to make a report (including recommendations) to the Secretary of State about the matters considered by him and the notice.

(2) It shall be the duty of the Secretary of State to consider any report made to him under sub-paragraph (1) above and, after considering the report, to inform the notified person of his decision with respect to the prohibition notice to which the report relates.

5

(1) The Secretary of State may revoke or vary a prohibition notice by serving on the notified person a notification stating that the notice is revoked or, as the case may be, is varied as specified in the notification.

(2) The Secretary of State shall not vary a prohibition notice so as to make the effect of the notice more restrictive for the notified person.

(3) The service of a notification under sub-paragraph (1) above shall be sufficient to satisfy the requirement of paragraph 4(2) above that the notified person shall be informed of the Secretary of State’s decision.

6

(1) Where in a notification served on any person under this Schedule the Secretary of State has appointed a time for the making of oral representations or the examination of witnesses, he may, by giving that person such notification as the Secretary of State considers appropriate, change that time to a later time or appoint further times at which further representations may be made or the examination of witnesses may be continued; and paragraphs 2(4) and 3(4) above shall have effect accordingly.

(2) For the purposes of this Schedule the Secretary of State may appoint a person (instead of the appointed person) to consider any representations or statements, if the person originally appointed, or last appointed under this sub-paragraph, to consider those representations or statements has died or appears to the Secretary of State to be otherwise unable to act.

7

In this Schedule—

“the appointed person” in relation to a prohibition notice means the person for the time being appointed under this Schedule to consider representations about the notice;

“notification” means a notification in writing; and

“notified person”, in relation to a prohibition notice, means the manufacturer, supplier or user of equipment, or the operator of a public telecommunication system, on whom the notice is or was served.

Signed

E. Leigh — Parliamentary Under Secretary of State, — Department of Trade and Industry — 11th October 1992

Explanatory note

(This note is not part of the Regulations)

These Regulations, which impose requirements concerning the conformity of certain telecommunications terminal equipment (TTE) if such equipment is to be supplied, put into service or connected, and allowed to remain connected, to a public telecommunica-tions network (PTN), implement Council Directive 91/263/EEC on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity (the TTE Directive).

These Regulations disapply sections 22 and 84 of the Telecommunications Act 1984 (c. 12), and approvals given thereunder, insofar as TTE to which these Regulations apply is concerned (regulation 2).

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