|
| |
| |
“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 |
| |
| 5 |
“business” includes a trade or profession; |
| |
“communications provider” has the same meaning as in the |
| |
| |
“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 |
| |
| |
“electronic communications network” and “electronic communications |
| |
service” have the meaning given by section 32 of the Communications |
| |
| 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 |
| |
| |
“information” includes accounts, estimates and projections and any |
| 25 |
| |
“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 |
| |
| |
“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 |
| |
| 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 |
| |
| |
“UK territorial sea” means the territorial sea adjacent to the United |
| |
| 50 |
“wireless telegraphy” is to be construed in accordance with section 116; |
| |
| |
| |
|
| |
| |
“wireless telegraphy apparatus” is to be construed in accordance with |
| |
| |
“wireless telegraphy licence” means a licence granted under section 8; |
| |
“wireless telegraphy station” is to be construed in accordance with section |
| |
| 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 |
| |
| 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 |
| |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
| |
|
| |
| |
(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) |
| |
| |
(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. |
| |
| 20 |
| |
(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 |
| |
| |
(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 |
| |
| 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. |
| |
| |
| |
|
| |
| |
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. |
| |
| |
| 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 |
| |
(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 |
| |
| |
|
| |
| |
(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 |
| |
| |
(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 |
| |
| 10 |
(6) | “Installation” includes any floating structure or device maintained on a station |
| |
by whatever means, and installations in transit. |
| |
| |
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 |
| |
| 25 |
(3) | Every power of the Secretary of State to make an order or regulations under |
| |
| |
(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 |
| |
(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. |
| |
| |
| |
|
| |
| |
(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 |
| |
| |
(c) | consider any representations that are made to OFCOM, before the time |
| |
| 10 |
(5) | A notice for the purposes of subsection (4) must— |
| |
(a) | state that OFCOM propose to make the regulations or order in |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
125 | Repeals and revocations |
| 35 |
(1) | The enactments mentioned in Part 1 of Schedule 9 are repealed to the extent |
| |
| |
(2) | The instruments mentioned in Part 2 of that Schedule are revoked to the extent |
| |
| |
126 | Short title and commencement |
| 40 |
(1) | This Act may be cited as the Wireless Telegraphy Act 2006. |
| |
| |
| |
