Regulation 2 Interpretation and applicationE1

In these Regulations—

• “the 1987 Act” means the Consumer Protection Act 1987 M1;

• F1“approved body” has the meaning given to it in regulation 46 (approved bodies);

• F2...

• F3...

• “authorised representative” means a person appointed in accordance with regulation 19;

• F4...

• F5...

• F6“commencement date” means the date these regulations come into force;

• “conformity assessment” means the process demonstrating whether the essential requirements relating to radio equipment have been fulfilled;

• “conformity assessment body” means a body that performs conformity assessment activities;

• F7“declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 42 by regulation 10(1)(a) ( declaration of conformity);

• “designated standard” has the meaning given to it in regulation 2A;

• “distributor” means any person in the supply chain, other than the manufacturer, authorised representative or the importer, who makes radio equipment available on the market;

• F8“the Directive” means Directive 2014/53/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment;

• “economic operator” means a manufacturer, authorised representative, importer or distributor;

• F9“electromagnetic disturbance” means any electromagnetic phenomenon which may degrade the performance of equipment; an electromagnetic disturbance may be electromagnetic noise, an unwanted signal or a change in the propagation medium itself;

• “enforcing authority” means any person enforcing these Regulations under regulation 56 (enforcement);

• “essential requirements” means the requirements set out in regulation 6;

• F10...

• F11...

• F12“harmful interference” means interference which endangers the functioning of a radio navigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with the applicable international, European Community or national regulations;

• F13...

• F14“the Implementing Regulation” means Commission Implementing Regulation (EU) 2017/1354 specifying how to present the information provided for in Article 10(10) of Directive 2014/53/EU of the European Parliament and of the Council;

• F15“importer” means a person who—

  1. (a)

     is established in the United Kingdom and places radio equipment from a country outside of the United Kingdom on the market; or

  2. (b)

     is established in Northern Ireland and places radio equipment on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;

• “make available on the market” means any supply for distribution, consumption or use of radio equipment on the F16market of Great Britain in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly;

• “manufacturer” means a person who—

  1. (a)

     manufactures radio equipment or has radio equipment designed or manufactured; and

  2. (b)

     markets that radio equipment under that person's name or trade mark;

• “market surveillance authority” has the meaning set out in regulation 55 (designation of market surveillance authorities”);

• F17...

• F18...

• “OFCOM” means the Office of Communications established under the Office of Communications Act 2002 M2;

• F19...

• “place on the market” means the first making available on the F20market of Great Britain of radio equipment, and related expressions must be construed accordingly;

• “put into service” means the first use of radio equipment in F21Great Britain by its end-user for the purposes for which it was intended, and related expressions must be construed accordingly;

• “radiodetermination” means the determination of the position, velocity and/or other characteristics of an object, or the obtaining of information relating to those parameters, by means of the propagation properties of radio waves;

• “radio communication” means communication by means of radio waves;

• “radio equipment” means—

  1. (a)

     an electrical or electronic product, which intentionally emits and/or receives radio waves for the purpose of radio communication and/or radiodetermination, or

  2. (b)

     an electrical or electronic product which must be completed with an accessory, such as antenna, so as to intentionally emit and/or receive radio waves for the purpose of radio communication and/or radiodetermination;

• “radio waves” means electromagnetic waves of frequencies lower than 3,000 GHz, propagated in space without artificial guide;

• “RAMS” means Regulation (EC) No 765/2008M3 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products;

• “recall” means taking any measure aimed at achieving the return of radio equipment that has already been made available to the end-user and related expressions must be construed accordingly;

• “relevant conformity assessment procedure” means a conformity assessment procedure referred to in regulation 41 (conformity assessment procedures);

• “relevant economic operator” means, in relation to radio equipment, an economic operator with obligations in respect of that radio equipment under Part 2;

• “technical documentation” has the meaning set out in regulation 45 (technical documentation);

• “technical specification” means a document that prescribes technical requirements to be fulfilled by radio equipment;

• F22“UK marking” means the marking in the form set out in Annex 2 of RAMS;

• “UK national accreditation body” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;

• “weights and measures authority” means a local weights and measures authority within the meaning set out in section 69 of the Weights and Measures Act 1985 M4;

• “withdraw” means taking any measure aimed at preventing radio equipment in the supply chain from being made available on the market and related expressions must be construed accordingly.

In these Regulations, a reference to radio equipment being “in conformity with Part 2” means that—

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In regulations 18 and 26 (monitoring in relation to manufacturers and importers respectively) “risk” means a risk which could arise from lawful and readily predictable human behaviour.

In the other provisions of these Regulations, “risk” means a risk—

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