(1)In these Regulations (except in Schedule 9)—• “the Act” means the Telecommunications Act 1984;• “active implantable medical device” shall have the meaning in Article 1 of Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices;• “apparatus” means any equipment that is either radio equipment or telecommunications terminal equipment or both;• “the CE marking” has the meaning given in regulation 10;• “the Commission” means the Commission of the European Union;• “a component or a separate technical unit of a vehicle” shall have the meaning in Article 2 of Council Directive 92/61/EEC;• “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;• “the Director” means the Director General of Telecommunications appointed under section 1 of the Act;• “enforcement authority” has the meaning given in paragraphs 1 and 2 of Schedule 9;• “equipment class” means a class identifying particular types of apparatus which under the Directive are considered similar and those interfaces for which the apparatus is designed. Apparatus may belong to more than one equipment class;• “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 radio communications service operating in accordance with the applicable Community or national regulations;• “harmonised standard” means a technical specification adopted by a recognised standards body under a mandate from the Commission in conformity with the procedures laid down in Directive 98/34/EC of the European Parliament and of the Council for the purpose of establishing a European requirement, compliance with which is not compulsory;• “interface” means either or both of—(a) a network termination point which is a physical connection point at which a user is provided with access to public telecommunications network, and(ii) an air interface specifying the radio path between radio equipmentand their technical specifications;• “medical device” shall have the meaning in Article 1 of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices;• “OFCOM” means the Office of Communications established under the Office of Communications Act 2002.• “public telecommunications networks” means telecommunications networks used wholly or partly for the provision of publicly available telecommunications services;• “radio equipment” means a product, or a relevant component thereof, capable of communication by means of the emission and/or reception of radio waves utilising the spectrum allocated to terrestrial/space radio communication;• “radio waves” means electromagnetic waves of frequencies from 9 kHz to 3,000 GHz, propagated in space without artificial guide;• “responsible person” means the manufacturer of apparatus or his authorised representative within the European Union, or any other person who places the apparatus on the market;• “technical construction file” means a file describing the apparatus and providing information and explanations as to how the essential requirements (within the meaning of regulation 4) applicable to the apparatus have been met;• “telecommunications terminal equipment” means a product enabling communication, or a relevant component thereof, which is intended to be connected directly or indirectly by any means whatsoever to interfaces of public telecommunications networks;
(2)
(i)the name of the officer and of any other person authorised to accompany him;
(ii)the date on which it is made;
(3)
(4)
(a)in article 3 the words “to the extent indicated in the third column of that Schedule” shall be deleted, and
(2)Where apparatus incorporates, as an integral part or as an accessory—
(a)in article 3 the words “to the extent indicated in the third column of that Schedule” shall be deleted, and
(b)
the apparatus shall be governed by these Regulations without prejudice to the application of Council Directive 93/42/EEC of 14 June 1993; or Council Directive 90/385/EEC of 20 June 1990; or the Medical Devices Regulations 1994; or the Active Implantable Medical Devices Regulations 1992.
(3)Where apparatus constitutes a component or a separate technical unit of a vehicle, the apparatus shall be governed by these Regulations without prejudice to the application of Council Directive 72/245/EEC of 20 June 1972; or Council Directive 92/61/EEC of 30 June 1992; or the Motor Vehicles (Type Approval) Regulations 1980; or the Motorcycle (EC Type Approval) Regulations 1995.
(a)regulation 4(2)(a) may be demonstrated by using the procedures specified in Council Directive 73/23/EEC, and
(b)regulation 4(2)(b) may be demonstrated by using the procedures specified in Article 10(1) and 10(2) of Directive 89/336/EEC,
(3)
(4)
(a)in article 3 the words “to the extent indicated in the third column of that Schedule” shall be deleted, and
(b)
(c)the character of the parties;
(d)the price paid; and
(e)whether the possessor consulted any accessible register of stolen cultural objects and any relevant information which he could reasonably have obtained, or took any other step which a reasonable person would have taken in the circumstances.
(f)in subsections (6) and (7), “bird or other” was omitted;
5General duty relating to the placing on the market and putting into service of apparatus#
(1)
(2)
(a)in article 3 the words “to the extent indicated in the third column of that Schedule” shall be deleted, and
(b)
(c)the character of the parties;
(d)the price paid; and
(e)whether the possessor consulted any accessible register of stolen cultural objects and any relevant information which he could reasonably have obtained, or took any other step which a reasonable person would have taken in the circumstances.
(3)
(4)
6Exceptions in respect of placing on the market and putting into service#
(1)
(a)in article 3 the words “to the extent indicated in the third column of that Schedule” shall be deleted, and
(b)
(c)the character of the parties;
(d)the price paid; and
(2)
(a)in article 3 the words “to the extent indicated in the third column of that Schedule” shall be deleted, and
(a)shall connect or permit the connection, at an interface, of any telecommunications terminal equipment which meets the requirements of regulation 4 or is equipment which was placed on the market before 8th April 2001 and complied with the provisions of Directive 98/13/EC, the Telecommunication Terminal Equipment Regulations 1992 or section 22 or 84 of the Telecommunications Act 1984;
(b)
(2)
(a)in article 3 the words “to the extent indicated in the third column of that Schedule” shall be deleted, and
(b)was placed on the market before 8th April 2001 and complied with the provisions of Directive 98/13/EC, the Telecommunication Terminal Equipment Regulations 1992 or section 22 or 84 of the Telecommunications Act 1984 at the time when the connection was made but no longer does so;
(c)the character of the parties;
(d)the price paid; and
(i)the name of the officer and of any other person authorised to accompany him;
(ii)the date on which it is made;
(3)
(a)in article 3 the words “to the extent indicated in the third column of that Schedule” shall be deleted, and
(b)
(c)the character of the parties;
8Transitional provisions in respect of placing on the market and putting into service#
Notwithstanding the provisions of regulation 5, apparatus may be placed on the market before 8 April 2001, and apparatus so placed on the market may be put into service, if (in either case) it is in accordance with the provisions of Council Directive 98/13/EC, the Telecommunications Terminal Equipment Regulations 1992, or section 22 or 84 of the Act.
For the purposes of these Regulations, a notified body is a body which has been—
(a)in article 3 the words “to the extent indicated in the third column of that Schedule” shall be deleted, and
(b)
(c)the character of the parties;
15Notified bodies appointed by the Secretary of State#
(1)
(2)
(a)in article 3 the words “to the extent indicated in the third column of that Schedule” shall be deleted, and
(b)
(c)the character of the parties;
(d)the price paid; and
(e)whether the possessor consulted any accessible register of stolen cultural objects and any relevant information which he could reasonably have obtained, or took any other step which a reasonable person would have taken in the circumstances.
(3)
(4)
(a)in article 3 the words “to the extent indicated in the third column of that Schedule” shall be deleted, and
(b)
(5)
(a)in article 3 the words “to the extent indicated in the third column of that Schedule” shall be deleted, and
(a)in article 3 the words “to the extent indicated in the third column of that Schedule” shall be deleted, and
(b)
(3)
(4)
(a)in article 3 the words “to the extent indicated in the third column of that Schedule” shall be deleted, and
(b)
(c)the character of the parties;
(i)the name of the officer and of any other person authorised to accompany him;
(ii)the date on which it is made;
(d)the price paid; and
(5)
18ADuty of enforcement authority to inform Secretary of State of action taken#
An enforcement authority shall, where action has been taken by it to prohibit or restrict the supply or taking into service (whether under these Regulations or otherwise) of any relevant apparatus, forthwith inform the Secretary of State of the action taken, and the reasons for it, with a view to this information being passed by her to the Commission.
(a)in article 3 the words “to the extent indicated in the third column of that Schedule” shall be deleted, and
(b)
(3)
(4)
(a)in article 3 the words “to the extent indicated in the third column of that Schedule” shall be deleted, and
(b)
22Liability of persons other than the principal offender#
(1)
(2)
(3)
(4)
23Savings for action taken under other enactments#
Nothing in these Regulations shall be construed as preventing the taking of any action in respect of any relevant apparatus under the provisions of any other enactment.
(5)Products, appliances and components within the meaning of Article 2 of Council Regulation (EEC) No. 3922/91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedure in the field of civil aviation.
(1)This module describes the procedure whereby the manufacturer or his authorised representative established within the European Union, who carries out the obligations laid down in point 2, ensures and declares that the products concerned satisfy the requirements of this Directive that apply to them. The manufacturer or his authorised representative established within the European Union must affix the CE marking to each product and draw up a written declaration of conformity.
(2)The manufacturer must establish the technical documentation described in point 4 and he or his authorised representative established within the European Union must keep it for a period ending at least 10 years after the last product has been manufactured at the disposal of the relevant national authorities of any Member State for inspection purposes.
(3)Where neither the manufacturer nor his authorised representative is established within the European Union, the obligation to keep the technical documentation available is the responsibility of the person who places the product on the Community market.
(4)The technical documentation must enable the conformity of the product with the essential requirements to be assessed. It must cover the design, manufacture and operation of the product, in particular:• a general description of the product;• conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.;• descriptions and explanations necessary for the understanding of said drawings and schemes and the operation of the product;• a list of the standards referred to in Article 5, applied in full or in part, and descriptions and explanations of the solutions adopted to meet the essential requirements of the Directive where such standards referred to in Article 5 have not been applied or do not exist;• results of design calculations made, examinations carried out, etc.;• test reports.
(5)The manufacturer or his authorised representative must keep a copy of the declaration of conformity with the technical documentation.
(6)The manufacturer must take all measures necessary in order that the manufacturing process ensures compliance of the manufactured products with the technical documentation referred to in point 2 and with the requirements of this Directive that apply to them.
(1)Full quality assurance is the procedure whereby the manufacturer who satisfies the obligations of point 2 ensures and declares that the products concerned satisfy the requirements of the Directive that apply to them. The manufacturer must affix the marks referred to in Article 12(1) to each product and draw up a written declaration of conformity.
(2)The manufacturer must operate an approved quality system for design, manufacture and final product inspection and testing as specified in point 3 and must be subject to surveillance as specified in point 4.
(3)Quality system.
(4)EC surveillance under the responsibility of the notified body.
(5)The manufacturer must, for a period ending at least 10 years after the last product has been manufactured, keep at the disposal of the national authorities:• the documentation referred to in the second indent of point 3.1,• the updating referred to in the second paragraph of point 3.4,• the decisions and reports from the notified body which are referred to in the final paragraph of point 3.4 and in points 4.3 and 4.4.
(6)Each notified body must make available to the other notified bodies the relevant information concerning quality system approvals including reference to the product(s) concerned, issued and withdrawn.
(3.1)The manufacturer must lodge an application for assessment of his quality system with a notified body. The application must include:• all relevant information for the products envisaged,• the quality system’s documentation.
(3.2)The quality system must ensure compliance of the products with the requirements of the Directive that apply to them. All the elements, requirements and provisions adoped by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. This quality system documentation must ensure a common understanding of the quality policies and procedures such as quality programmes, plans, manuals and records.
(3.3)The notified body must assess the quality system to determine whether it satisfies the requirements referred to in point 3.2. It must presume compliance with these requirements in respect of quality systems that implement the relevant harmonised standard.• The notified body must assess in particular whether the quality control system ensures conformity of the products with the requirements of the Directive in the light of the relevant documentation supplied in respect of points 3.1 and 3.2 including, where relevant, test results supplied by the manufacturer.• The auditing team must have at least one member experienced as an assessor in the product technology concerned. The evaluation procedure must include an assessment visit to the manufacturer’s premises.• The decision must be notified to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.
(3.4)The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to uphold it so that it remains adequate and efficient.• The manufacturer or his authorised representative must keep the notified body that has approved the quality system informed of any intended updating of the quality system.• The notified body must evaluate the modifications proposed and decide whether the amended quality system will still satisfy the requirements referred to in point 3.2 or whether a reassessment is required.• It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.
(4.1)The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.
(4.2)The manufacturer must allow the notified body access for inspection purposes to the locations of design, manufacture, inspection and testing, and storage and must provide it with all necessary information, in particular:• the quality system documentation,• the quality records as foreseen by the design part of the quality system, such as results of analyses, calculations, tests, etc.,• the quality records as foreseen by the manufacturing part of the quality system, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.
(4.3)The notified body must carry out audits at reasonable intervals to make sure that the manufacturer maintains and applies the quality system and must provide an audit report to the manufacturer.
(4.4)Additionally, the notified body may pay unexpected visits to the manufacturer. At the time of such visits, the notified body may carry out tests or have them carried out in order to check the proper functioning of the quality system where necessary; it must provide the manufacturer with a visit report and, if a test has been carried out, with a test report.
(4)The staff responsible for inspections must have:• sound technical and professional training,• satisfactory knowledge of the requirements of the tests or inspections that are carried out and adequate experience of such tests or inspections,• the ability to draw up the certificates, records and reports required to authenticate the performance of the inspections.
(5)The equipment class identifier must take a form to be decided by the Commission in accordance with the procedure laid down in Article 14.• Where appropriate it must include an element intended to provide information to the user that the apparatus makes use of radio frequency bands where their use is not harmonised throughout the European Union.• It must have the same height as the initials “CE”.
(c)in paragraph (f), for the words from “section 19(1)” to “20” there were substituted references to regulations 18 to 22 of these Regulations;
(3)In the application of rule 16.5(3)(a) (form of advertisement) to service under paragraph (1) of this rule, for the reference to Form 16.5 there shall be substituted a reference to Form 50.2–A.
(4)Class C development—
(a)
(b)
is permitted subject, except in case of emergency, to the conditions set out in C.5.
(5)
(6)The local planning authority must take into account any representations made to them as a result of consultations or notices given under A.3(5), when determining the application made under paragraph (3).
(7)
(a)
(b)
(8)
(6)
(1)
(2)
(a)
(i)
(ii)to provide evidence within that period to the satisfaction of the enforcement authority that all the provisions of these Regulations have been complied with; and
(b)
(c)in paragraph (f), for the words from “section 19(1)” to “20” there were substituted references to regulations 18 to 22 of these Regulations;
(3)In the application of rule 16.5(3)(a) (form of advertisement) to service under paragraph (1) of this rule, for the reference to Form 16.5 there shall be substituted a reference to Form 50.2–A.
(4)Class C development—
(a)
(b)
is permitted subject, except in case of emergency, to the conditions set out in C.5.
(5)
(a)
(b)
(7)
(1)
(2)
(a)
(b)
(i)
(ii)to provide evidence within that period to the satisfaction of the enforcement authority that all the provisions of these Regulations have been complied with; and
(c)in paragraph (f), for the words from “section 19(1)” to “20” there were substituted references to regulations 18 to 22 of these Regulations;
(8)
(1)
(2)
(3)In the application of rule 16.5(3)(a) (form of advertisement) to service under paragraph (1) of this rule, for the reference to Form 16.5 there shall be substituted a reference to Form 50.2–A.
(4)Class C development—
(a)
(b)
(c)in paragraph (f), for the words from “section 19(1)” to “20” there were substituted references to regulations 18 to 22 of these Regulations;
is permitted subject, except in case of emergency, to the conditions set out in C.5.
(5)
(a)
(b)
(6)The local planning authority must take into account any representations made to them as a result of consultations or notices given under A.3(5), when determining the application made under paragraph (3).
(a)
(b)
(9)
(1)
(a)
(b)
(2)
(a)
(i)
(ii)to provide evidence within that period to the satisfaction of the enforcement authority that all the provisions of these Regulations have been complied with; and
(b)
(i)
(ii)to provide evidence within that period to the satisfaction of the enforcement authority that all the provisions of these Regulations have been complied with; and
(3)In the application of rule 16.5(3)(a) (form of advertisement) to service under paragraph (1) of this rule, for the reference to Form 16.5 there shall be substituted a reference to Form 50.2–A.
(4)Class C development—
is permitted subject, except in case of emergency, to the conditions set out in C.5.
(5)
(6)The local planning authority must take into account any representations made to them as a result of consultations or notices given under A.3(5), when determining the application made under paragraph (3).
(a)
(b)
(7)
(8)
(10)
(1)
(2)
(3)In the application of rule 16.5(3)(a) (form of advertisement) to service under paragraph (1) of this rule, for the reference to Form 16.5 there shall be substituted a reference to Form 50.2–A.
(4)Class C development—
is permitted subject, except in case of emergency, to the conditions set out in C.5.
(11)
(1)
(a)
(b)
(c)in paragraph (f), for the words from “section 19(1)” to “20” there were substituted references to regulations 18 to 22 of these Regulations;
(2)
(a)
(b)
(3)In the application of rule 16.5(3)(a) (form of advertisement) to service under paragraph (1) of this rule, for the reference to Form 16.5 there shall be substituted a reference to Form 50.2–A.
(a)
(b)
(12)
(1)
(2)
(a)
(i)
(ii)to provide evidence within that period to the satisfaction of the enforcement authority that all the provisions of these Regulations have been complied with; and
(b)
(c)in paragraph (f), for the words from “section 19(1)” to “20” there were substituted references to regulations 18 to 22 of these Regulations;
(3)In the application of rule 16.5(3)(a) (form of advertisement) to service under paragraph (1) of this rule, for the reference to Form 16.5 there shall be substituted a reference to Form 50.2–A.
(a)
(i)
(ii)to provide evidence within that period to the satisfaction of the enforcement authority that all the provisions of these Regulations have been complied with; and
(b)
(4)Class C development—
(a)
(b)
is permitted subject, except in case of emergency, to the conditions set out in C.5.
(13)
(1)
(a)
(b)
(2)
(14)
(1)
(a)
(b)
(2)
(a)
(b)
(15)
(1)
(2)
(3)In the application of rule 16.5(3)(a) (form of advertisement) to service under paragraph (1) of this rule, for the reference to Form 16.5 there shall be substituted a reference to Form 50.2–A.
(4)Class C development—
is permitted subject, except in case of emergency, to the conditions set out in C.5.
(16)
(1)
(a)
(b)
(c)in paragraph (f), for the words from “section 19(1)” to “20” there were substituted references to regulations 18 to 22 of these Regulations;
(2)
(a)
(b)
(17)
(1)
(2)
(18)
(19)The provisions of paragraphs 5 to 17 shall have effect.
(20)
(21)
(1)
(2)
(a)
(b)
(3)In the application of rule 16.5(3)(a) (form of advertisement) to service under paragraph (1) of this rule, for the reference to Form 16.5 there shall be substituted a reference to Form 50.2–A.
(4)Class C development—
is permitted subject, except in case of emergency, to the conditions set out in C.5.
(5)
(a)
(b)
(6)The local planning authority must take into account any representations made to them as a result of consultations or notices given under A.3(5), when determining the application made under paragraph (3).
(7)
(a)
(i)
(ii)to provide evidence within that period to the satisfaction of the enforcement authority that all the provisions of these Regulations have been complied with; and
(b)
(22)
(1)
(a)
(b)
(2)
(3)In the application of rule 16.5(3)(a) (form of advertisement) to service under paragraph (1) of this rule, for the reference to Form 16.5 there shall be substituted a reference to Form 50.2–A.
(4)Class C development—
is permitted subject, except in case of emergency, to the conditions set out in C.5.
(5)
(a)
(b)
(6)The local planning authority must take into account any representations made to them as a result of consultations or notices given under A.3(5), when determining the application made under paragraph (3).
(7)
(8)
(9)The agreement in writing referred to in paragraph (8) requires no special form of writing, and in particular there is no requirement on the developer to submit a new application for prior approval in the case of minor amendments to the details submitted with the application for prior approval.
(a)
(b)
(10)The development must be begun—
(a)
(b)
(11)In a case of emergency, development is permitted by Class A subject to the condition that the operator must give written notice to the local planning authority of such development as soon as possible after the emergency begins.
(12)If he thinks fit, the sheriff may direct the apparatus to be released to such person as he may specify, on condition that that person does not supply it to any person otherwise than—
(a)
(b)
Contains public sector information licensed under the Open Government Licence v3.0.