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Statutory Instrument 1988 No. 1215

The Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) Order 1988

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1988 No. 1215

TELEGRAPHS

The Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) Order 1988

Made13th July 1988
Laid before Parliament15th July 1988
Coming into force8th August 1988


    Whereas it appears to the Secretary of State to be expedient that the provisions of section 7 of the Wireless Telegraphy Act 1967[1] should apply to the wireless telegraphy apparatus specified in this Order for the purpose of preventing or reducing the risk of interference with wireless telegraphy and that certain of such apparatus should be marked in accordance with the provisions of section 85 of the Telecommunications Act 1984[2];
    And whereas the Secretary of State is satisfied as required by section 7(9) of the 1967 Act that the Order is compatible with the international obligations of the United Kingdom;
    Now, therefore, the Secretary of State in exercise of the powers conferred by section 7(2) of the 1967 Act and sections 84 and 85(1) of the 1984 Act hereby makes the following Order:
    Citation
        1.    This Order may be cited as the Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) Order 1988 and shall come into force on 8th August 1988.
    Interpretation
        2.    In this Order:—
      "the 1967 Act" means the Wireless Telegraphy Act 1967;
      "the 1984 Act" means the Telecommunications Act 1984;
      "MPT 1320" means Performance Specification MPT 1320, as amended, published in April 1981;
      "MPT 1333" means Performance Specification MPT 1333, published in December 1986;
      "British Standard 5850: 1981" means the Specification for Safety of electrically energized office machines published by the British Standards Institution and reprinted in 1981;
      "CB apparatus" means wireless telegraphy apparatus known as "Citizens' Band" which is designed or adapted, or has facilities permitting its adaptation, for the purpose of transmitting spoken messages on the frequency band 26.1 MHz to 28 MHz.

    Restriction on dealings and custody
        3.—(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 only on one or more of the frequencies specified in paragraph 1.3 of MPT 1320 or paragraph 1.3 of Part A of MPT 1333;

      (b)  the CB apparatus complies with the requirements specified in Schedule 1 to this Order; and

      (c)  CB apparatus which operates on any of the frequencies specified in paragraph 1.3 of Part A of MPT 1333 is approved for the time being by the Secretary of State under section 84 of the 1984 Act for the purposes of this Order.

        (2)  No person shall take any of the actions listed in sub-paragraphs (3)(a) and (d) of this article in relation to wireless telegraphy apparatus designed or adapted for the purpose of transmitting messages in the frequency band 28 MHz to 29.7 MHz and in no other frequency band.

        (3)  The actions restricted by this article are:—

      (a)  manufacture (whether or not for sale);

      (b)  selling or offering for sale, letting on hire or offering to let on hire, or indicating (whether by display of the apparatus or by any form of advertisement) one's willingness to sell or let on hire;

      (c)  having in one's custody or control; and

      (d)  importation.

    Marking
        4.—(1)  CB apparatus shall be marked in accordance with the requirements specified in Schedule 2 to this Order.

        (2)  No person shall, in the course of any trade or business, supply or offer to supply CB apparatus which does not comply with paragraph (1) of this article.
    Isle of Man
        5.    This Order shall not extend to the Isle of Man.
    Revocation
        6.    The Wireless Telegraphy (Control of Manufacture and Importation) Order 1982[3] is hereby revoked.



John Butcher

Parliamentary Under Secretary of State, Department of Trade and Industry

13th July 1988




Notes:

[1] 1967 c. 72; section 7 was amended by the Telecommunications Act 1984 (c. 12), section 77.

[2] 1984 c. 12.

[3] S.I. 1982/636.

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