# The Wireless Telegraphy (Cordless Telephone Apparatus) (Exemption) Regulations 1996, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations provide for the exemption from the licensing requirements of section 1(1) of the Wireless Telegraphy Act 1949 of certain cordless telephone apparatus referred to as relevant apparatus. Accordingly it will not be necessary to hold a licence to establish, install and use relevant apparatus. The relevant apparatus is described in Schedule 2.
The Regulations provide that the exemption shall not apply to relevant apparatus which is established, installed or used to provide or is capable of providing a local loop by-pass by way of business (regulation 4(2)).
The Regulations extend the categories of relevant apparatus to include cordless telephone apparatus which conforms to the European Telecommunications Standard for Digital European Cordless Telecommunications (regulation 4 and paragraph 4 of Schedule 2).
Regulation 5 provides that for the exemption to apply, certain requirements must be complied with. The relevant apparatus must not cause or contribute to undue interference to any wireless telegraphy, and (unless there is a common technical regulation in force in respect of such apparatus) must either be approved by the Secretary of State under section 84 of the Telecommunications Act 1984, comply with the requirements of Performance Specifications MPT 1322, 1334 or 1371, or be approved to European Telecommunications Standards I-ETS 300 131 or TBR 006.
Regulation 6 requires that the relevant apparatus must be available for inspection, and that its use must cease, or its operation must be restricted, on the demand of a person authorised in that behalf by the Secretary of State. Failure to comply with such a demand is an offence under section 3 of the Wireless Telegraphy Act 1949.
These Regulations revoke and replace the Wireless Telegraphy (Exemption) Regulations 1982, the Wireless Telegraphy (Exemption) (Amendment) (Cordless Telephone Apparatus) Regulations 1987, the Wireless Telegraphy (Cordless Telephone Apparatus) (Exemption) Regulations 1988 and the Wireless Telegraphy (Cordless Telephone Apparatus) (Exemption) Regulations 1992.
In addition to the requirements set out in regulation 5, the relevant apparatus will have to comply with the provisions of regulation 8 of the Telecommunications Terminal Equipment Regulations 1992 (S.I. 1992/2423, as amended and extended by S.I. 1994/3129), if applicable, before being supplied, connected or permitted to remain connected to a public telecommunication network or put into service. From 1st January 1996 the apparatus has to comply with the type approval requirements set out in Part VI of the Electromagnetic Compatibility Regulations 1992 (S.I. 1992/2372, as amended by S.I. 1994/3080) before being supplied or taken into service to the extent that they are not duplicated by the applicable provisions of the Telecommunications Terminal Equipment Regulations.
The use of the relevant apparatus remains subject to the licensing requirements set out in section 7 of the Telecommunications Act 1984. Details of the licensing requirements which may be applicable may be obtained from the Office of Telecommunications, Export House, 50 Ludgate Hill, London EC4M 7JJ (Tel: 0171-634 8700).
Copies of Performance Specifications MPT 1322, 1334 and 1371 may be obtained from the Radiocommunications Agency Library at South Quay Three, 189 Marsh Wall, London E14 9SX (Tel: 0171-211 0211).
Copies of the European Telecommunications Standards for CT2 and DECT apparatus may be obtained from the British Standards Institution, 389 Chiswick High Road, London W4 4AL (Tel: 0181-996 7000) or from ETSI at 06921 Sophia Antipholis, Cedex, France (Tel: 00-33 92 94 42 00).

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Source: https://www.legislation.gov.uk/uksi/1996/316/note (the official version)
Page: https://openlegislation.uk/wireless-telegraphy-cordless-telephone-apparatus-exemption-regulations-1996/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.