Citation and commencement

1. This Order may be cited as the Wireless Telegraphy (Cordless Telephone Apparatus) (Restriction and Marking) (Amendment) Order 2000 and shall come into force on 1st May 2000.

Interpretation

2. In this Order, "the Principal Order" means the Wireless Telegraphy (Cordless Telephone Apparatus) (Restriction and Marking) Order 1999(3).

Amendment

3. The Principal Order is hereby amended as follows-

(a)in article 3(1)-

(i)the following definition shall be inserted after the definition of "the 1984 Act"-

""the Directive" means Directive 1999/5/EC of the European Parliament and of the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity(4);";

(ii)the following definition shall be inserted after the definition of "the 1999 Regulations"(5)-

""the unamended 1999 Regulations" means the 1999 Regulations before they were amended by the Wireless Telegraphy (Exemption) (Amendment) Regulations 2000(6);";

(iii)the following definition shall be substituted for the definition of "CT1"-

""CT1" means cordless telephone apparatus described in IR 2011 published by RA in March 2000 and referred to in Part III of Schedule 4 to the 1999 Regulations which is exempt from the provisions of section 1(1) of the 1949 Act by virtue of the 1999 Regulations;";

(iv)the following definition shall be substituted for the definition of "extended range CT1"-

""extended range CT1" means cordless telephone apparatus described in IR 2011 published by RA in March 2000 and referred to in Part III of Schedule IV to the 1999 Regulations which is exempt from the provisions of section 1(1) of the 1949 Act by virtue of the 1999 Regulations;";

(v)"and" at the end of the definition of "MPT 1384" shall be deleted, and "apparatus; and" shall be substituted for "apparatus." at the end of the definition of "restricted cordless telephone apparatus"; and

(vi)the following definition shall be inserted after the definition of "restricted cordless telephone apparatus"-

""United Kingdom Radio Interface Requirement (IR)" means the interface requirement published by the Radiocommunications Agency of the Department of Trade and Industry (RA) in accordance with Article 4.1 of the Directive.";

(b)the following shall be substituted for paragraph (d) of article 4(1)-

"(d)importation,

provided that the restricted actions listed above do not apply to a CT1 or an extended range CT1 which complies with Part II of Schedule 4 to the unamended 1999 Regulations prior to 1st May 2000 and in respect of which any such restricted action has occurred prior to 8th April 2001."; and

(c)"which complies with Part II of Schedule 4 to the unamended 1999 Regulations prior to 1st May 2000 and in respect of which any restricted action listed in article 4(1) has occurred prior to 8th April 2001" shall be inserted between "apparatus" and "shall be marked" in article 5(1).

Explanatory Note

(This note is not part of the Order)

Directive 1999/5/EC ("the Directive") of the European Parliament and of the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity provides for the essential requirements, the procedures for conformity assessment, the placing on the market and the bringing into service in respect of such equipment.

Pursuant to the Directive (which was largely implemented in the United Kingdom by the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 (S.I. 2000/730), wireless telegraphy equipment is no longer required to be marked in accordance with section 85 of the Telecommunications Act 1984 (c. 12), and this Order makes a consequential amendment to the Wireless Telegraphy (Cordless Telephone Apparatus) (Marking and Restriction) Order 1999 (S.I. 1999/2934; "the Principal Order") (article 3(c)).

In addition, this Order provides that the restrictions in article 4(1) of the Principal Order in respect of manufacture, sale, possession and importation ("the restrictions") do not apply after 30th April 2000 to CT1 or extended range CT1 apparatus (as defined in article 3 of this Order; "CT apparatus") if CT apparatus complies with UK Radio Interface Requirement IR 2011. The restrictions also do not apply to CT apparatus which complies with Part II of Schedule 4 to the unamended 1999 Regulations (as defined in article 3(a)(ii)) prior to 1st May 2000 and in respect of which any of the restrictions relating to the CT apparatus has occurred prior to 8th April 2001 (article 3(b)).

A copy of IR 2011 referred to in this Order may be obtained from the Radiocommunications Agency Library at Wyndham House, 189 Marsh Wall, London E14 9SX (Tel: 020 7211 0211). IR 2011 is also available on the Agency's Internet web site: www.radio.gov.uk