The Wireless Telegraphy (Inspection and Restrictions on Use of Exempt Stations and Apparatus) Regulations 2005

Statutory Instruments

2005 No. 3481

ELECTRONIC COMMUNICATIONS

The Wireless Telegraphy (Inspection and Restrictions on Use of Exempt Stations and Apparatus) Regulations 2005

Made

17th December 2005

Laid before Parliament

20th December 2005

Coming into force

31st January 2006

These Regulations are made in exercise of the powers conferred on the Office of Communications (“OFCOM”) by section 3(1)(a) and (b) of the Wireless Telegraphy Act 1949(1) (“the 1949 Act”);

Under section 403(4)(a) of the Communications Act 2003(2) (“the 2003 Act”), as applied by section 16(1A) of the 1949 Act, OFCOM have given notice of their proposal to make these Regulations;

Under section 403(4)(b) of the 2003 Act, as applied by section 16(1A) of the 1949 Act, OFCOM have published notice of their proposal;

Under section 403(4)(c) of the 2003 Act, as applied by section 16(1A) of the 1949 Act, OFCOM have considered the representations made to them before the time specified in the notice(3);

As required by section 3(2A)(4) of the 1949 Act, the Secretary of State has given his approval for the making of these Regulations by OFCOM;

Accordingly OFCOM makes the following Regulations—

(1)

1949 c. 54. Section 3(1) of the 1949 Act was extended to the Channel Islands by S.I. 1952/1900, as amended by S.I. 1967/1279, S.I. 1974/691 and S.I. 1997/284 and to the Isle of Man by S.I. 1952/1899, as amended by S.I. 1967/1280 and S.I. 1997/285. Section 3(1) of the 1949 Act was amended by section 406 of and paragraph 9 of Schedule 17 to the 2003 Act. That amendment was extended to Jersey by S.I. 2003/3197 article 6, to the Bailiwick of Guernsey by S.I. 2003/3195 article 6 and to the Isle of Man by S.I. 2003/3198 article 6.

(3)

Section 16(1A) of the 1949 Act does not extend to the Channel Islands and therefore the procedures set out in section 403 of the 2003 Act, which it applies, are not requirements in so far as these Regulations extend to the Channel Islands.

(4)

Section 3(2A) of the 1949 Act was inserted by paragraphs 9(1) and (3) of Schedule 17 to the 2003 Act. That amendment was extended to Jersey by S.I. 2003/3197 article 6, to the Bailiwick of Guernsey by S.I. 2003/3195 article 6 and to the Isle of Man by S.I. 2003/3198 article 6.