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Article 4 Actions restricted

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to paragraph (4) of this article, no person shall take any of the actions listed in paragraph (3) in relation to CB apparatus unless—

(a)

the CB apparatus operates in the frequency band 27.59625–27.99625 MHz and—

(i)

complies with the requirements of MPT 1320; or

(ii)

complies with the requirements of MPT 1382; or

(iii)

is approved for the time being by the Secretary of State under section 84 of the 1984 Act for the purposes of this Order,

provided that a person may have CB apparatus in his custody or control or undertake second-hand sale and advertisement of such apparatus, which operates in the frequency band 27.59625–27.99625 MHz and complies with the requirements of MPT 1320, if it was manufactured prior to 1st January 1996; or

(b)

the CB apparatus operates in the frequency band 26.960–27.410 MHz and complies with ETS 300 135 by either—

(i)

being approved for the time being by the Secretary of State under section 84 of the 1984 Act for the purposes of this Order; or

(ii)

being approved to ETS 300 135 by the national administration of a country listed in Schedule 1 following type testing at a test laboratory, which has been accredited in accordance with ISO guides 25 and 58 or EN45001 and EN45002 or a national standard conforming to ISO guides 25 and 58 or EN45001 and EN45002,

provided that a person may have CB apparatus in his custody or control or undertake second-hand sale and advertisement of such apparatus, which operates in the frequency band 26.960–27.410 MHz and complies with the requirements of MPT 1333 by being approved for the time being by the Secretary of State under section 84 of the 1984 Act for the purposes of this Order, if it was manufactured prior to 27th October 1995; or

(c)

the CB apparatus operates in the frequency bands 26.960–27.410 MHz and 27.59625–27.99625 MHz and—

(i)

complies with the requirements of MPT 1382; or

(ii)

is approved for the time being by the Secretary of State under section 84 of the 1984 Act for the purposes of this Order.

(2)

No person shall take any of the actions listed in paragraph (3)(a) and (d) of this article in relation to wireless telegraphy apparatus designed or adapted for the purpose of transmitting messages in the frequency band 28 MHz to 29.7 MHz and in no other frequency band.

(3)

The actions restricted by this article are—

(a)

manufacture (whether or not for sale);

(b)

selling or offering for sale, letting on hire or offering to let on hire, or indicating (whether by display of the apparatus or by any form of advertisement) one’s willingness to sell or let on hire;

(c)

having in one’s custody or control; and

(d)

importation.

(4)

Nothing in this article prevents having in one’s custody or control and importation of CB apparatus and importation of the wireless telegraphy apparatus specified in paragraph (2) for the sole purpose of re-export from the United Kingdom.