Essential requirements
(1) Radio equipment must be constructed so as to ensure—
(a) the protection of health and safety of persons and of domestic animals and the protection of property, including the objectives with respect to safety requirements set out in the Electrical Equipment (Safety) Regulations 2016 ...,
(b) an adequate level of electromagnetic compatibility as set out in the Electromagnetic Compatibility Regulations 2016 ....
(2) Radio equipment must be constructed so that it both effectively uses and supports the efficient use of radio spectrum in order to avoid harmful interference.
Power to specify additional essential requirements
(1) The Secretary of State may by regulations—
(a) amend regulation 6 to add any of the matters listed in paragraph (2) as additional essential requirements; and
(b) specify that only certain categories or classes of radio equipment are required to meet any additional essential requirements.
(2) The matters that may be added as additional essential requirements are that the—
(a) radio equipment interworks with accessories, in particular with common chargers;
(b) radio equipment interworks via networks with other radio equipment;
(c) radio equipment can be connected to interfaces of the appropriate type throughout the United Kingdom;
(d) radio equipment does not harm the network or its functioning nor misuse network resources, thereby causing an unacceptable degradation of service;
(e) radio equipment incorporates safeguards to ensure that the personal data and privacy of the user and of the subscriber are protected;
(f) radio equipment supports certain features ensuring protection from fraud;
(g) radio equipment supports certain features ensuring access to emergency services;
(h) radio equipment supports certain features in order to facilitate its use by users with a disability;
(i) radio equipment supports certain features in order to ensure that software can only be loaded into the radio equipment where the compliance of the combination of the radio equipment and software has been demonstrated.
(3) Regulations made under paragraph (1)—
(a) may make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate; and
(b) are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
