Wireless Telegraphy Act 2006 (c. 36)

(The document as of February, 2008)

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(b) limits the matters that may be included in, or made public as part of, a report made by OFCOM because of a provision of the Office of Communications Act 2002 (c. 11) or the Communications Act 2003;

(c) prevents the disclosure of anything for the purposes of a report of legal proceedings in which it has been publicly disclosed;

(d) applies to information that has been published or made public as mentioned in paragraphs (a) to (c).

(8) Section 18 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (restriction on disclosure of information for overseas purposes) has effect in relation to a disclosure because of subsection (3)(d) as it has effect in relation to a disclosure in exercise of a power to which section 17 of that Act applies.

(9) A person commits an offence if he discloses information in contravention of this section.

(10) A person who commits an offence under subsection (9) is liable--

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(11) No order is to be made containing provision authorised by subsection (4) or (5) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(12) In this section--

"the Consumer Panel" means the panel established under section 16 of the Communications Act 2003 (c. 21);
"enactment" has the same meaning as in the Communications Act 2003;
"legal proceedings" means civil or criminal proceedings in or before any court, or proceedings before any tribunal established by or under any enactment;
"the Welsh Authority" means the authority whose name is, by virtue of section 56(1) of the Broadcasting Act 1990 (c. 42), Sianel Pedwar Cymru.

Notifications etc and electronic working

112 Service of documents

(1) This section applies where provision made (in whatever terms) by or under this Act authorises or requires--

(a) a notification to be given to any person; or

(b) a document of any other description (including a copy of a document) to be sent to any person.

(2) The notification or document may be given or sent to the person in question--

(a) by delivering it to him;

(b) by leaving it at his proper address; or

(3) The notification or document may be given or sent to a body corporate by being given or sent to the secretary or clerk of that body.

(4) The notification or document may be given or sent to a firm by being given or sent to--

(a) a partner in the firm; or

(b) a person having the control or management of the partnership business.

(5) The notification or document may be given or sent to an unincorporated body or association by being given or sent to a member of the governing body of the body or association.

(6) For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of a person is--

(a) in the case of a body corporate, the address of the registered or principal office of the body;

(b) in the case of a firm, unincorporated body or association, the address of the principal office of the partnership, body or association;

(c) in the case of a person to whom the notification or other document is given or sent in reliance on any of subsections (3) to (5), the proper address of the body corporate, firm or (as the case may be) other body or association in question; and

(d) in any other case, the last known address of the person in question.

(7) In the case of--

(a) a company registered outside the United Kingdom,

(b) a firm carrying on business outside the United Kingdom, or

the references in subsection (6) to its principal office include references to its principal office within the United Kingdom (if any).

(8) In this section--

"document" includes anything in writing; and
"notification" includes notice;

and references to giving or sending a notification or other document to a person include references to transmitting it to him and to serving it on him.

(9) This section has effect subject to section 113.

113 Documents in electronic form

(1) This section applies where--

(a) section 112 authorises the giving or sending of a notification or other document by its delivery to a particular person ("the recipient"); and

(b) the notification or other document is transmitted to the recipient--

(i) by means of an electronic communications network; or

(ii) by other means but in a form that nevertheless requires the use of apparatus by the recipient to render it intelligible.

(2) For the purposes of subsection (1), something is not to be regarded as in an intelligible form if it cannot be readily understood without being decrypted or having some comparable process applied to it.

(3) The transmission has effect for the purposes of this Act as a delivery of the notification or other document to the recipient, but only if the requirements imposed by or under this section are complied with.

(4) Where the recipient is OFCOM--

(a) they must have indicated their willingness to receive the notification or other document in a manner mentioned in subsection (1)(b);

(b) the transmission must be made in such manner and satisfy such other conditions as they may require; and

(5) Where the person making the transmission is OFCOM, they may (subject to subsection (6)) determine--

(a) the manner in which the transmission is made; and

(b) the form in which the notification or other document is transmitted.

(6) Where the recipient is a person other than OFCOM--

(a) the recipient, or

(b) the person on whose behalf the recipient receives the notification or other document,

must have indicated to the person making the transmission the recipient's willingness to receive notifications or documents transmitted in the form and manner used.

(7) An indication to any person for the purposes of subsection (6)--

(a) must be given to that person in such manner as he may require;

(b) may be a general indication or one that is limited to notifications or documents of a particular description;

(c) must state the address to be used and must be accompanied by such other information as that person requires for the making of the transmission; and

(d) may be modified or withdrawn at any time by a notice given to that person in such manner as he may require.

(8) An indication, requirement or determination given, imposed or made by OFCOM for the purposes of this section is to be given, imposed or made by being published in such manner as they consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by it.

(9) Section 112(8) applies for the purposes of this section as it applies for the purposes of section 112.

114 Timing and location of things done electronically

(1) The Secretary of State may by order make provision specifying, for the purposes of this Act, the manner of determining--

(a) the times at which things done under this Act by means of electronic communications networks are done; and

(b) the places at which such things are so done, and at which things transmitted by means of such networks are received.

(2) The provision made by subsection (1) may include provision as to the country or territory in which an electronic address is to be treated as located.

(3) An order made by the Secretary of State may also make provision about the manner of proving in any legal proceedings--

(a) that something done by means of an electronic communications network satisfies the requirements of this Act for the doing of that thing; and

(b) the matters mentioned in subsection (1)(a) and (b).

(4) An order under this section may provide for such presumptions to apply (whether conclusive or not) as the Secretary of State considers appropriate.

Interpretation

115 General interpretation

(1) In this Act--

"artistic work" has the meaning given by section 4(1) of the Copyright, Designs and Patents Act 1988 (c. 48);
"associated facility" has the meaning given by section 32 of the Communications Act 2003 (c. 21);
"broadcast" (except in sections 35 to 38 and Part 5), means broadcast by wireless telegraphy, and cognate expressions are to be construed accordingly;
"business" includes a trade or profession;
"communications provider" has the same meaning as in the Communications Act 2003;
"contravention" includes a failure to comply, and cognate expressions are to be construed accordingly;
"electric line" has the meaning given by section 64(1) of the Electricity Act 1989 (c. 29);
"electronic communications network" and "electronic communications service" have the meaning given by section 32 of the Communications Act 2003;
"emission", in relation to electromagnetic energy, is to be construed in accordance with subsection (2);
"the enactments relating to the management of the radio spectrum" has the meaning given by section 405 of the Communications Act 2003;
"film" has the meaning given by section 5B(1) of the Copyright, Designs and Patents Act 1988 (c. 48);
"frequency" includes frequency band;
"grant of recognised spectrum access" means a grant made under section 18;
"information" includes accounts, estimates and projections and any document;
"interfere" and "interference", in relation to wireless telegraphy, are to be construed in accordance with subsection (3);
"international obligation of the United Kingdom" includes any Community obligation and any obligation which will or may arise under any international agreement or arrangements to which the United Kingdom is party;
"literary, dramatic or musical work" has the same meaning as in Part 1 of the Copyright, Designs and Patents Act 1988;
"modification" includes omissions, alterations and additions, and cognate expressions are to be construed accordingly;
"OFCOM" means the Office of Communications;
"radio spectrum functions", in relation to OFCOM, means their functions under the enactments relating to the management of the radio spectrum;
"receiving apparatus" means wireless telegraphy apparatus that is not designed or adapted for emission (as opposed to reception);
"ship" includes every description of vessel used in navigation;
"sound recording" has the meaning given by section 5A(1) of the Copyright, Designs and Patents Act 1988;
"speech" includes lecture, address and sermon;
"supply", in relation to any item, is to be construed in accordance with subsection (6);
"UK territorial sea" means the territorial sea adjacent to the United Kingdom;
"wireless telegraphy" is to be construed in accordance with section 116;
"wireless telegraphy apparatus" is to be construed in accordance with section 117;
"wireless telegraphy licence" means a licence granted under section 8;
"wireless telegraphy station" is to be construed in accordance with section 117.

(2) A reference in this Act to the emission of electromagnetic energy, or to emission (as opposed to reception), includes a reference to the deliberate reflection (whether continuous or intermittent) of electromagnetic energy by means of apparatus designed or specially adapted for the purpose.

(3) For the purposes of this Act, wireless telegraphy is interfered with if the fulfilment of the purposes of the telegraphy is prejudiced (either generally or in part and, in particular, as respects all, or as respects any, of the recipients or intended recipients of a message, sound or visual image intended to be conveyed by the telegraphy) by an emission or reflection of electromagnetic energy.

(4) Interference with any wireless telegraphy is not to be regarded as undue for the purposes of this Act unless it is also harmful.

(5) For the purposes of this Act interference is harmful if--

(a) it creates dangers, or risks of danger, in relation to the functioning of any service provided by means of wireless telegraphy for the purposes of navigation or otherwise for safety purposes; or

(b) it degrades, obstructs or repeatedly interrupts anything which is being broadcast or otherwise transmitted--

(i) by means of wireless telegraphy; and

(ii) in accordance with a wireless telegraphy licence, regulations under section 8(3) or a grant of recognised spectrum access or otherwise lawfully.

(6) Section 46 of the Consumer Protection Act 1987 (c. 43) has effect for the purpose of construing references in this Act to the supply of any thing as it has effect for the purpose of construing references in that Act to the supply of goods.

(7) In this Act (except Part 5) a reference to the sending or conveying of a message includes a reference to the making of a signal or the sending or conveying of a warning or information, and a reference to the reception of a message is to be construed accordingly.

(8) A reference in this Act to apparatus on board a ship includes a reference to apparatus on a kite or captive balloon flown from a ship.

116 "Wireless telegraphy"

(1) In this Act "wireless telegraphy" means the emitting or receiving, over paths that are not provided by any material substance constructed or arranged for the purpose, of energy to which subsection (2) applies.

(2) This subsection applies to electromagnetic energy of a frequency not exceeding 3,000 gigahertz that--

(a) serves for conveying messages, sound or visual images (whether or not the messages, sound or images are actually received by anyone), or for operating or controlling machinery or apparatus; or

(b) is used in connection with determining position, bearing or distance, or for gaining information as to the presence, absence, position or motion of an object or of a class of objects.

(3) The Secretary of State may by order modify the definition of "wireless telegraphy" by substituting a different frequency for the frequency that is for the time being specified in subsection (2).

(4) No order is to be made containing provision authorised by subsection (3) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

117 "Wireless telegraphy apparatus" and "wireless telegraphy station"

(1) In this Act "wireless telegraphy apparatus" means apparatus for the emitting or receiving, over paths that are not provided by any material substance constructed or arranged for the purpose, of energy to which section 116(2) applies.

(2) In this Act "wireless telegraphy station"--

(a) means a station for the emitting or receiving, over paths that are not provided by any material substance constructed or arranged for the purpose, of energy to which section 116(2) applies; and

(b) includes the wireless telegraphy apparatus of a ship or aircraft.

Extent and application

118 Extent

(1) Subject to subsection (2), this Act extends to Northern Ireland.

(2) An amendment, repeal or revocation made by this Act has the same extent as the enactment or other instrument amended, repealed or revoked.

(3) Her Majesty may by Order in Council extend the provisions of this Act, with such modifications as appear to Her Majesty to be appropriate, to the Isle of Man or any of the Channel Islands.

(4) But subsection (3) does not authorise the extension of sections 62 to 67 to any of the Channel Islands.

(5) Section 121(3) applies to the power to make an Order in Council under this section as it applies to a power of the Secretary of State to make an order under this Act, but as if references in section 121(3) to the Secretary of State were references to Her Majesty in Council.

(6) The provisions capable of being extended outside the United Kingdom under--

(a) section 15(6) of the Wireless Telegraphy Act 1967 (c. 72),

(b) section 204(6) of the Broadcasting Act 1990 (c. 42),

(d) section 315(2) of the Merchant Shipping Act 1995 (c. 21),

(e) section 150(4) of the Broadcasting Act 1996 (c. 55), or

(f) section 411(6) of the Communications Act 2003 (c. 21),

include any amendment of those provisions made by this Act.

119 Territorial application

(1) The provisions mentioned in subsection (2) apply to--

(a) all stations and apparatus in or over, or for the time being in or over, the United Kingdom or UK territorial sea;

(b) subject to any limitations that the Secretary of State may by regulations determine, all stations and apparatus on board a ship or aircraft that is registered in the United Kingdom but is not for the time being in or over the United Kingdom or UK territorial sea; and

(c) subject to any limitations that the Secretary of State may by regulations determine, all apparatus not itself in or over the United Kingdom or UK territorial sea but released--

(i) from within the United Kingdom or UK territorial sea, or

(ii) from a ship or aircraft that is registered in the United Kingdom.

(2) The provisions are--

(a) sections 8 to 11, 35 to 38, 45 to 49, 55 to 58 and 68; and

(b) regulations under section 54.

(3) Her Majesty may by Order in Council direct that a reference in subsection (1) to a ship or aircraft registered in the United Kingdom is to be construed as including a reference to a ship or aircraft--

(a) registered in the Isle of Man, in any of the Channel Islands or in a colony; or

(b) registered under the law of any other country or territory outside the United Kingdom that is for the time being administered by Her Majesty's Government in the United Kingdom.

(4) For the purposes of paragraph 4(3) of Schedule 2 to the Interpretation Act 1978 (c. 30) (meaning of "colony" in existing enactments), subsection (3) is to be treated as if contained in an Act passed before the commencement of that Act.

120 Territorial sea and other waters

(1) Her Majesty may by Order in Council provide--

(a) for an area of UK territorial sea to be treated, for the purposes of any provision of this Act, as if it were situated in such part of the United Kingdom as may be specified in the Order; and

(b) for jurisdiction with respect to questions arising in relation to UK territorial sea under any such provision to be conferred on courts in a part of the United Kingdom so specified.

(2) An Order in Council under section 11 of the Petroleum Act 1998 (c. 17) (application of civil law to offshore installations etc) or section 87 of the Energy Act 2004 (c. 20) (application of civil law to renewable energy installations etc) may make provision for treating--

(a) an installation with respect to which provision is made under that section and which is outside UK territorial sea but in waters to which that section applies, and

(b) waters within 500 metres of the installation,

as if, for the purposes of any provision of this Act, they were situated in such part of the United Kingdom as is specified in the Order.

(3) The jurisdiction conferred on a court by an Order in Council under this section is in addition to any jurisdiction exercisable apart from this section by that or any other court.

(4) Section 121(3) applies to the power to make an Order in Council under this section as it applies to any power of the Secretary of State to make an order under this Act, but as if references in section 121(3) to the Secretary of State were references to Her Majesty in Council.

(5) A statutory instrument containing an Order in Council under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) "Installation" includes any floating structure or device maintained on a station by whatever means, and installations in transit.

Supplemental

121 Orders and regulations made by Secretary of State

(1) Every power conferred by this Act on the Secretary of State to make orders or regulations is exercisable by statutory instrument.

(2) A statutory instrument containing an order or regulations made in exercise of such a power, other than--

(a) an order under section 5,

(b) regulations under section 49(4)(g),

(d) an order under section 116, or

(e) an order under paragraph 26 or 27 of Schedule 8,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Every power of the Secretary of State to make an order or regulations under this Act includes power--

(a) to make different provision for different cases (including different provision in respect of different areas);

(b) to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

(c) to make such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks fit.

122 Orders and regulations made by OFCOM

(1) This section applies to every power of OFCOM to make regulations or an order under this Act.

(2) Those powers are exercisable by statutory instrument, and the Statutory Instruments Act 1946 (c. 36) is to apply in relation to those powers as if OFCOM were a Minister of the Crown.

(3) Where an instrument made under such a power falls to be laid before Parliament, OFCOM must, immediately after it is made, send it to the Secretary of State for laying by him.

(4) Before making any regulations or order under such a power, OFCOM must--

(a) give a notice of their proposal to do so to such persons representative of the persons appearing to OFCOM to be likely to be affected by the implementation of the proposal as OFCOM think fit;

(b) publish notice of their proposal in such manner as they consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by it and are not given notice by virtue of paragraph (a); and

(5) A notice for the purposes of subsection (4) must--

(a) state that OFCOM propose to make the regulations or order in question;

(b) set out the general effect of the regulations or order;

(d) specify a time before which any representations with respect to the proposal must be made to OFCOM.

(6) The time specified for the purposes of subsection (5)(d) must be no earlier than the end of the period of one month beginning with the day after the latest day on which the notice is given or published for the purposes of subsection (4).

(7) Every power of OFCOM to make regulations or an order under this Act includes power--

(a) to make different provision for different cases (including different provision in respect of different areas);

(b) to make provision subject to such exemptions and exceptions as OFCOM think fit; and

123 Consequential amendments

Schedule 7 (consequential amendments) has effect.

124 Transitional provisions, savings and transitory modifications

Schedule 8 (transitional provisions, savings and transitory modifications) has effect.

125 Repeals and revocations

(1) The enactments mentioned in Part 1 of Schedule 9 are repealed to the extent specified.

(2) The instruments mentioned in Part 2 of that Schedule are revoked to the extent specified.

126 Short title and commencement

(1) This Act may be cited as the Wireless Telegraphy Act 2006.

(2) This Act comes into force at the end of the period of three months beginning with the day on which it is passed.

SCHEDULES

Section 10

SCHEDULE 1 Procedure for wireless telegraphy licences

General procedure for applications

1 (1) An application for a grant of a wireless telegraphy licence is to be determined in accordance with procedures prescribed in regulations made by OFCOM.

(2) The procedures must include provision for--

(a) time limits for dealing with the granting of licences;

(b) requirements that must be met for the grant of a licence;

Time limits

2 (1) The time limits fixed for the purposes of paragraph 1(2) must require a decision on the application to be made, notified to the applicant and published--

(a) in the case of an application for a licence relating to a frequency allocated in accordance with the United Kingdom Plan for Frequency Authorisation, not more than six weeks after the day of the receipt of the application; and

(b) in any other case, as soon as possible after the receipt of the application.

(2) The period of six weeks specified in sub-paragraph (1)(a) may be extended by OFCOM where it appears to them necessary to do so--

(a) for the purpose of enabling the requirements of any international agreement relating to frequencies, to orbital positions or to satellite co-ordination to be complied with; or

(b) in a case where a determination falls to be made as to which of a number of applicants is the more or most suitable to be licensed, for the purpose of securing that the procedure for the making of that determination is fair, reasonable, open and transparent.

(3) The period may not be extended by virtue of sub-paragraph (2)(b) by more than eight months.

Information to be provided in connection with applications

3 The grounds on which a licence may be refused by OFCOM include a failure by the applicant to provide information which OFCOM reasonably require in order to satisfy themselves that the applicant is able to comply with terms, provisions or limitations to which the licence may be made subject.

Proposed refusal

4 Where OFCOM propose to refuse a licence they must--

(a) give to the applicant the reasons for the proposed refusal;

(b) specify a period of not less than one month within which representations about the proposed refusal may be made.

Duration

5 A wireless telegraphy licence continues in force, unless previously revoked by OFCOM, for such period as may be specified in the licence.

Revocation or variation

6 OFCOM may revoke a wireless telegraphy licence or vary its terms, provisions or limitations--

(a) by a notice in writing given to the holder of the licence; or

(b) by a general notice applicable to licences of the class to which the licence belongs, published in such way as may be specified in the licence.

Notification of proposed revocation or variation

7 (1) Where OFCOM propose to revoke or vary a wireless telegraphy licence, they must give the person holding the licence a notification under this sub-paragraph--

(a) stating the reasons for the proposed revocation or variation; and

(b) specifying the period during which the person notified has an opportunity to do the things specified in sub-paragraph (2).

(2) The things are--

(a) making representations about the proposal; and

(b) if the proposal is the result of a contravention of a term, provision or limitation of the licence, complying with that term, provision or limitation.

(3) Subject to sub-paragraphs (4) to (6), the period for doing those things must be the period of one month beginning with the day after the one on which the notification was given.

(4) OFCOM may, if they think fit, allow a longer period for doing those things--

(a) by specifying a longer period in the notification; or

(b) by subsequently, on one or more occasions, extending the specified period.

(5) The person notified has a shorter period for doing those things if a shorter period is agreed between OFCOM and the person notified.

(6) The person notified also has a shorter period if--

(a) OFCOM have reasonable grounds for believing that the case is urgent or a case of serious and repeated contravention;

(b) they have determined that, in the circumstances, a shorter period would be appropriate; and

(7) A case is urgent if the failure to revoke or vary the licence will result in, or create an immediate risk of--

(a) a serious threat to the safety of the public, to public health or to national security; or

(b) serious economic or operational problems for persons, other than the person in contravention, who--

(i) use wireless telegraphy stations or wireless telegraphy apparatus; or

(ii) are communications providers or make associated facilities available.

(8) A contravention of a term, provision or limitation of a licence is a repeated contravention, in relation to a proposal to revoke or vary a licence, if it falls within sub-paragraph (9).

(9) A contravention falls within this sub-paragraph if--

(a) a previous notification under sub-paragraph (1) has been given in respect of the same contravention or in respect of another contravention of a term, provision or limitation of the same licence; and

(b) the subsequent notification under that sub-paragraph is given no more than 12 months after the day of the making by OFCOM of a determination for the purposes of sub-paragraph (10) that the contravention to which the previous notification related did occur.

(10) Where OFCOM have given a notification under sub-paragraph (1), they must, within the period of one month beginning with the end of the period for the making of representations about the proposal contained in that notification--

(a) decide whether or not to revoke or vary the licence in accordance with their proposal, or in accordance with that proposal but with modifications; and

(b) give the person holding the licence a notification of their decision.

(11) The notification under sub-paragraph (10)--

(a) must be given no more than one week after the making of the decision to which it relates; and

(b) must, in accordance with that decision, either revoke or vary the licence or withdraw the proposal for a revocation or variation.

(12) Nothing in this paragraph applies to a proposal to revoke or vary a licence if the proposal is made at the request or with the consent of the holder of the licence.

(13) The reference in sub-paragraph (9) to a contravention of a term, provision or limitation of the same licence includes a reference to a contravention of a term, provision or limitation contained in a previous licence of which the licence in question is a direct or indirect renewal.

Restriction on powers of revocation and variation

8 (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.

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