The Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) (Amendment) Order 1995

• Citation: S.I. 1995/2588
• Sections: 8

Section 2 Citation and commencement

This Order may be cited as the Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) (Amendment) Order 1995 and shall come into force on 27th October 1995.

Section 3 Interpretation

In this Order “the principal Order ” means the Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) Order 1988.

Section 4 Amendment of the Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) Order 1988

In article 2 of the principal Order—

(a) after the definition of “the 1984 Act”there shall be inserted the following—

“EN45001 and EN45002” means European Standards (Normes Europeene) EN45001 and 45002 published in 1989 by the British Standards Institution;

“ ETS 300 135” means the European Telecommunications Standard 300 135 published in June 1991 by the European Telecommunications Standards Institute ;

“ ISO guides 25 and 38” means the International Organisation for Standardisation Guides 25 and 38 published by the International Organisation for Standardisation in 1990 and 1993 respectively;

(b) the definition of “British Standard 5850: 1981” shall be omitted.

Section 5 Amendment of the Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) Order 1988

For paragraph (1) of article 3 of the principal Order there shall be substituted the following—

(1) No person shall take any of the actions listed in paragraph (3) of this article in relation to CB apparatus unless:—

(a) the CB apparatus operates in the frequency band 27.59625– 27.99625 MHz and—

(i) prior to 1st January 1996 either—

(aa) complies with the requirements of MPT 1320; or

(bb) is approved for the time being by the Secretary of State under section 84 of the 1984 Act for the purposes of this Order; and

(ii) on or after 1st January 1996 complies with the requirement specified in article 3(1)(a)(i)(bb) provided that a person may have CB apparatus in his custody or control, which complies with the requirements of MPT 1320, if it was manufactured prior to 1st January 1996; or

(b) the CB apparatus operates in the frequency band 26.960– 27.410 MHz and complies with ETS 300 135 by either—

(i) being approved for the time being by the Secretary of State under section 84 of the 1984 Act for the purposes of this Order; or

(ii) being approved to ETS 300 135 by the national administration of a country listed in Part II of Schedule 2 following type testing at a test laboratory, which has been accredited in accordance with ISO guides 25 and 38 or EN45001 and EN45002 or a national standard conforming to ISO guides 25 and 38 or EN45001 and EN45002,

provided that a person may have CB apparatus in his custody or control, which operates in the frequency band 26.960 – 27.410 MHz and complies with the requirements of MPT 1333 by being approved for the time being by the Secretary of State under section 84 of the 1984 Act for the purposes of this Order, if it was manufactured prior to the date of the coming into force of this Order.

Section 6 Amendment of the Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) Order 1988

Schedule 1 shall be omitted.

Section 7 Amendment of the Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) Order 1988

For Schedule 2 to the principal Order there shall be substituted the Schedule set out in the Schedule to this Order.

Section 1

CB apparatus which complies with the requirements of—

(a) article 3(1)(a)(i)(aa) shall be marked as follows:—

CB

27/81;

(b) article 3(1)(a)(i)(bb) shall be marked as follows:—

CB 27/94; and

(c) article 3(1)(b) shall be marked as follows:—

(i) PR27GB where the apparatus is manufactured before 12th June 1990 and has been approved under section 84 of the 1984 Act; or

(ii) CEPT PR27GB where the apparatus is manufactured on or after 12th June 1990 and has been approved under section 84 of the 1984 Act; or

(iii) as specified in paragraph (ii) where the apparatus is manufactured on or after 1st June 1991 and has been approved in a country listed in Part II of this Schedule except that the symbol “GB” shall be replaced with the relevant symbol listed in Part II to indicate the country in which the approval has been obtained.

Section 2

The marks described in paragraph 1 shall:—

(a) be placed on the CB apparatus in a visible place;

(b) be legible, tamperproof and durable; and

(c) have a letter and figure height not less than 2mm.