The Wireless Telegraphy Apparatus (Low Power Devices)(Exemption)(Amendment) Regulations 1992

Made: 4th March 1992

Laid before Parliament: 9th March 1992

Coming into force: 6th April 1992

The Secretary of State, in exercise of the powers conferred by sections 1(1) and 3(1)(a) and (b) of the Wireless Telegraphy Act 1949[^f00001] and now vested in him[^f00002], the power conferred on him by section 84(1)(b) of the Telecommunications Act 1984[^f00003], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) (Amendment) Regulations 1992 and shall come into force on 6th April 1992.

Amendment of the Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) Regulations 1989

2

The Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) Regulations 1989[^f00004] are amended as follows—

• (a) by substituting for paragraph (a) of regulation 4 the following—

(a) the relevant apparatus comprised in the relevant low power device is approved under section 84 of the 1984 Act;

; and

• (b) by substituting for the table in paragraph 2 of the Schedule (field disturbance and Doppler apparatus) the table set out in the Schedule hereto.

Amendment of the Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) Regulations 1991

3

The Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) Regulations 1991[^f00005] are amended as follows—

• (a) by substituting for regulation 3 the following—

(3) Subject to regulation 4, the establishment, installation and use of any apparatus for wireless telegraphy of a description set out in the Schedule hereto (hereinafter referred to as a “relevant low power device”) are hereby exempted from the provisions of section 1(1) of the 1949 Act.

• (b) by substituting for paragraph (a) of regulation 4 the following—

(a) the relevant apparatus comprised in the relevant low power device is approved under section 84 of the 1984 Act;

; and

• (c) in the Schedule,

• (i) by deleting the words “Part I”;

• (ii) by inserting after paragraph 6 (Fixed Alarms)

the following paragraph—

(7) Wireless telegraphy apparatus designed or adapted— (a) for providing a short range radio link between such cordless audio apparatus and audio equipment; and (b) so as to be capable of use only— (i) at a power not exceeding 10 microwatts (054W) ERP; and (ii) within the frequency bands 36.61 to 36.79 MHz and 37.01 to 37.19 MHz.

; and

• (iii) by deleting Part II.

SCHEDULE

Signed

John Redwood — Minister of State, — Department of Trade and Industry — 4th March 1992

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) Regulations 1989 ( “the 1989 Regulations”) and the Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) Regulations 1991 ( “the 1991 Regulations”).

The 1989 Regulations and the 1991 Regulations exempt persons installing or using wireless telegraphy of a description set out in their respective Schedules from the requirement in section 1(1) of the Wireless Telegraphy Act 1949 of obtaining from the Secretary of State a licence for installation and use of such wireless telegraphy.

First, these Regulations amend the 1989 Regulations by:

• (a) ensuring that the exemption of an item of apparatus is not removed unless the specific type approval for the apparatus is withdrawn (regulation 2(a)); and

• (b) substituting for the table in paragraph 2 of the Schedule to the 1989 Regulations (field disturbance and Doppler apparatus) the table set out in the Schedule to these Regulations to update the descriptions of low power device apparatus referred to (regulation 2(b)).

Secondly, these Regulations amend the 1991 Regulations by:

• (a) deleting Part II of the Schedule to remove the exemption of Cordless Local Area Network Apparatus from the licensing provisions of section 1(1) of the 1949 Act with the effect that such apparatus will be subject to those provisions (regulations 3(a));

• (b) ensuring that the exemption of an item of apparatus is not removed unless the specific type approval for the apparatus is withdrawn (regulation 3(b)); and

• (c) by adding cordless audio apparatus to the categories of exempt low power devices. These devices are designed or adapted to provide the connection between audio equipment by means of a short range radio link (regulation 3(c)).

Footnotes

[^f00001]: 1949 c. 54; there are amendments to section 1(1) not relevant to these Regulations.

[^f00002]: Post Office Act 1969 (c. 48), section 3; S.I. 1969/1369, article 3; 1969/1371, article 2 and 1974/691, article 2.

[^f00003]: 1984 c. 12.

[^f00004]: S.I. 1989/604.

[^f00005]: S.I. 1991/1523.