SCHEDULES

SCHEDULE 1Procedure for wireless telegraphy licences

8Restriction on powers of revocation and variation

1

The terms that OFCOM may include in a wireless telegraphy licence include terms restricting the exercise by them of their power to revoke or vary the licence.

2

The terms that may be included because of sub-paragraph (1) include, in particular, terms providing that the licence may not be revoked or varied except—

a

with the consent of the holder of the licence; or

b

in such other circumstances and on such grounds as may be specified in the licence.

3

The circumstances or grounds may relate to matters relevant for the purposes of any other enactment (and may, in particular, be dependent on the exercise of a statutory discretion under any other enactment).

4

A licence containing terms included because of sub-paragraph (1) may also provide that regulations made under section 45—

a

do not apply in relation to a station or apparatus to which the licence relates; or

b

apply in relation to such a station or such apparatus to such extent only, or subject to such modifications, as may be specified in the licence.

5

Despite any term or provision included in a wireless telegraphy licence in accordance with this paragraph, OFCOM may at any time by giving the holder of the licence a notice in writing revoke the licence or vary its terms, provisions or limitations, if it appears to OFCOM to be necessary or expedient to do so—

a

in the interests of national security; or

b

for the purpose of securing compliance with an international obligation of the United Kingdom.