Joint Committee on Statutory Instruments Twelfth Report


APPENDIX 5

Memorandum from the Department of Trade and Industry

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

1. The Joint Committee has requested a memorandum in relation to the above Regulations on the points set out below.

(1) Explain why regulation 3(1) defines "CEPT" and "erp", given that these expressions are not used elsewhere in the Regulations.

2. These definitions should not have been included in the Regulations which consolidate, with amendments, earlier regulations in respect of which the definitions were required, and the Department apologises for this error. They will be omitted when the Regulations are amended (licence exemption amending regulations are usually made not less than annually).

(2) Explain why regulation 3(2) provides for "public telecommunication system" to be construed in accordance with section 9(1) of the 1984 Act, given that this expression is not used elsewhere in the Regulations.

3. This should not have been provided as it is no longer required and will be omitted when the Regulations are amended, as mentioned in relation to a similar point in paragraph 2 above.

(3) 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. Explain the inclusion of the underlined words, given that no such contrary statement appears in Schedule 6 itself.

4. Schedule 6 to the Regulations, which covers short range devices, includes certain airborne devices. "Prescribed apparatus" within Schedule 6 is described in the relevant Interface Requirement referred to in Schedule 6 rather than, as in the earlier licence exemption regulations which these Regulations consolidate, in the Schedule itself. It would be more appropriate to refer to "provided under" rather than "stated in" and this will be dealt with when the Regulations are amended.

(4) Explain why Part I of Schedule 4 contains a definition of "data message", given that this expression is not used elsewhere in that Schedule.

5. The definition should not have been included as it is no longer required and will be omitted when the Regulations are amended, as mentioned in relation to a similar point in paragraph 2 above.

14 February 2003


 
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