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

• Citation: S.I. 2005/3481
• Sections: 4

Section 1 Citation and commencement

These Regulations shall be cited as the Wireless Telegraphy (Inspection and Restrictions on Use of Exempt Stations and Apparatus) Regulations 2005 and shall come into force on 31st January 2006.

Section 2 Interpretation

In these Regulations—

“ 2003 Regulations ” means the Wireless Telegraphy (Exemption) Regulations 2003 ;

“authorised person” means a person authorised by the Office of Communications for the purpose of these Regulations.

Section 3 Revocation

Regulation 6 (inspection and restrictions on use) of the 2003 Regulations is revoked.

Section 4 Inspection and restrictions on use of exempt stations and apparatus

(1) This regulation applies where an authorised person has reasonable cause to believe that the establishment or use of any station for wireless telegraphy or the installation or use of any apparatus for wireless telegraphy which is exempt from the provisions of section 1(1) of the Wireless Telegraphy Act 1949 by virtue of—

(a) regulation 3 of the Wireless Telegraphy (Radio Frequency Identification Equipment) (Exemption) Regulations 2005 ; or

(b) regulation 4(1) of the 2003 Regulations,

does not comply with the terms, provisions or limitations of the exemption.

(2) Any person who is in possession or control of the station or apparatus shall, on the demand of that authorised person—

(a) permit and facilitate its inspection by that authorised person; and

(b) cause its use to—

(i) cease; or

(ii) be restricted in the manner specified by that authorised person,

for a period of time ending either on a date specified by that authorised person or on the occurrence of an event specified by that authorised person.

(3) An authorised person exercising powers under paragraph (2) shall produce evidence of his authority, if so required by the person in possession or control of the station or apparatus.