Explanatory note

These Regulations (except Regulation 5) implement Council Directive No. 76/889/EEC relating to the control of radio interference caused by household appliances, portable tools and other equipment. The Regulations apply to any apparatus to which the Directive applies (examples of which are contained in Appendices A and B to British Standard Specification B.S.800: 1977) except any apparatus which is excluded from the scope of the Directive by a provision in the Annex thereof.

Regulation 4(1) provides that the requirements of Regulation 6 shall be complied with in the case of any apparatus which is placed on the market. Regulation 4(2) provides that in the case of any apparatus which is required by virtue of Regulation 4(1) to comply with the requirements of Regulation 6 there shall be a statement, either on the apparatus or in an accompanying document, to the effect that the apparatus complies with those requirements. However, the proviso to Regulation 4(2) provides that such a statement shall not be required if use is made of a mark or certificate issued by a body which is notified in accordance with Article 3.2 of the Directive.

Regulation 5(1) provides that the requirements of Regulation 6 shall be complied with if any apparatus is used by any person unless it complied with the requirements of Regulation 6 at the date of its manufacture, assembly or importation, is maintained in reasonable working order and is not likely to interfere with wireless telegraphy used for safety of life services or connected purposes. Regulation 5(2) provides that Regulation 5(1) shall not apply in certain circumstances where the apparatus was placed on the market before these Regulations came into force.

Regulation 6 provides that the requirements to be complied with are the relevant requirements prescribed by British Standard Specification B.S.800: 1977.

A person who fails to comply with the requirements of these Regulations may be served with a notice under section 11 or 12 of the Wireless Telegraphy Act 1949 and any person who contravenes the provisions of such a notice shall be guilty of an offence under that Act.