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Wireless Telegraphy Bill [HL]


Wireless Telegraphy Bill [HL]
Part 6 — General

67

 

“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;

5

“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;

10

“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;

15

“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

20

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

25

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

30

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

35

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;

40

“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;

45

“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;

50

“wireless telegraphy” is to be construed in accordance with section 116;

 
 

Wireless Telegraphy Bill [HL]
Part 6 — General

68

 

“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.

5

(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

10

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.

15

(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

20

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

25

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

30

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.

35

(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

40

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

45

operating or controlling machinery or apparatus; or

 
 

Wireless Telegraphy Bill [HL]
Part 6 — General

69

 

(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

5

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”

10

(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”—

15

(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

20

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

25

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

30

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—

35

(a)   

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

(b)   

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

(c)   

section 12(4) of the Intelligence Services Act 1994 (c. 13),

(d)   

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

(e)   

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

40

(f)   

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

   

include any amendment of those provisions made by this Act.

 
 

Wireless Telegraphy Bill [HL]
Part 6 — General

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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

5

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

10

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

15

(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

20

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

25

(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

30

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.

35

(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

40

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.

45

 
 

Wireless Telegraphy Bill [HL]
Part 6 — General

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(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

5

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.

10

(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

15

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),

20

(c)   

an order under section 111,

(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.

25

(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

30

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

35

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

40

Parliament, OFCOM must, immediately after it is made, send it to the Secretary

of State for laying by him.

 
 

Wireless Telegraphy Bill [HL]
Part 6 — General

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(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

5

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

(c)   

consider any representations that are made to OFCOM, before the time

specified in the notice.

10

(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;

(c)   

specify an address from which a copy of the proposed regulations or

15

order may be obtained; and

(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

20

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);

25

(b)   

to make provision subject to such exemptions and exceptions as

OFCOM think fit; and

(c)   

to make such incidental, supplemental, consequential and transitional

provision as OFCOM think fit.

123     

Consequential amendments

30

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

35

(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

40

(1)   

This Act may be cited as the Wireless Telegraphy Act 2006.

 
 

Wireless Telegraphy Bill [HL]
Part 6 — General

73

 

(2)   

This Act comes into force at the end of the period of three months beginning

with the day on which it is passed.

 
 

 
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