Joint Committee on Statutory Instruments Twelfth Report



WIRELESS TELEGRAPHY (EXEMPTION) REGULATIONS 2003 (S.I. 2003/74)

17. The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted in several respects.

18. Regulation 3(1) contains definitions of "CEPT" and "erp", and Part I of Schedule 4 contains a definition of "data message". In a memorandum printed in Appendix 5, the Department of Trade and Industry acknowledges that these definitions should have been omitted, since the expressions in question are not used elsewhere in the Regulations. It also acknowledges that regulation 3(2) should not have provided for "public telecommunication system" to be construed in accordance with section 9(1) of the Telecommunications Act 1984, since that expression does not appear elsewhere in the Regulations. The Department undertakes to correct these errors when the Regulations are next amended. The Committee accordingly reports these provisions for defective drafting, acknowledged by the Department.

19. Regulation 5(1) provides that the exemption provided in regulation 4(1) (exemption for the relevant apparatus from the requirement to be licensed) shall be subject to the term that [(b)] the use of the relevant apparatus is terrestrial use only, unless otherwise stated in Schedule 6. It was not clear to the Committee why the underlined words had been included, since no such contrary intention appears in Schedule 6 itself. The Department explains that "prescribed apparatus" is defined in Schedule 6 as meaning a station or apparatus described in the Interface Requirement referred to in Part III of that Schedule, and that document mentions certain airborne devices. However, the Department accepts that regulation 5(1)(b) is defectively drafted, since the prescribed apparatus is described in the Interface Requirement rather than, as in the earlier licence exemption regulations which these Regulations consolidate, in the Schedule itself. The Department undertakes to correct the error when the Regulations are next amended. The Committee reports regulation 5(1)(b) for defective drafting, acknowledged by the Department.


 
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