Wireless Telegraphy Act 2006
Act of Parliament of the United Kingdom
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The Wireless Telegraphy Act 2006[a] (c. 36) is an act of the Parliament of the United Kingdom. This act repealed the Wireless Telegraphy Act 1949 (12, 13 & 14 Geo. 6. c. 54).
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Long titleAn Act to consolidate enactments about wireless telegraphy.
Territorial extentUnited Kingdom
Royal assent8 November 2006
| Act of Parliament | |
| |
| Long title | An Act to consolidate enactments about wireless telegraphy. |
|---|---|
| Citation | 2006 c. 36 |
| Territorial extent | United Kingdom |
| Dates | |
| Royal assent | 8 November 2006 |
| Commencement | 8 February 2007[b] |
| Other legislation | |
| Amends | |
| Repeals/revokes | See § Repealed enactments |
| Amended by |
|
Status: Amended | |
| History of passage through Parliament | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
| Text of the Wireless Telegraphy Act 2006 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
Provisions
The act states that "the use of any apparatus, whether or not wireless telegraphy apparatus, for the purpose of interfering with any wireless telegraphy, is an offence" and under this provision, Faraday cages are generally legal but electronic jamming devices are generally illegal.[1]
Under the act, mobile repeaters were classified as "radio apparatus".[2]
The act empowered Ofcom to set licence fees for mobile network operators.[3] The act allows Ofcom to authorise spectrum trading.[4]
Repealed enactments
Sections 125(1) and 125(2) of the act repealed 21 enactments and revoked 10 instruments, listed in parts 1 and 2 of schedule 9 to the act, respectively.[5]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 12, 13 & 14 Geo. 6. c. 54 | Wireless Telegraphy Act 1949 | The whole act. |
| 1967 c. 41 | Marine, &c., Broadcasting (Offences) Act 1967 | The whole act. |
| 1967 c. 72 | Wireless Telegraphy Act 1967 | Sections 7 to 12. |
| In section 13(4) the words from ", and" to the end. | ||
| In section 15—(a) subsections (2) and (3), and (b) in subsection (6) the words ", except for section 7 of this Act,". | ||
| 1969 c. 48 | Post Office Act 1969 | In section 3—(a) in subsection (1)(a) the words from the beginning to "day and", (b) in subsection (1)(ii) the words ", rules or a licence" and "the Wireless Telegraphy Act 1949 or", and (c) subsection (6). |
| 1981 c. 61 | British Nationality Act 1981 | In Schedule 7, the paragraph relating to the Marine, &c., Broadcasting (Offences) Act 1967. |
| 1982 c. 48 | Criminal Justice Act 1982 | Section 50. |
| In section 81—(a) in subsection (5) the entry relating to section 50, and (b) subsection (12)(c)(v). | ||
| 1984 c. 12 | Telecommunications Act 1984 | Part 6. |
| In section 101—(a) in subsection (1)(a) the words "(except Part 6)", (b) in subsection (2)(a) the words "(except functions assigned by or under Part 6)", and (c) in subsection (3)(q) the words from "(excluding" to the end. | ||
| Section 104(1B) and (1C). | ||
| 1987 c. 43 | Consumer Protection Act 1987 | In Schedule 4, paragraph 9(1). |
| 1988 c. 48 | Copyright, Designs and Patents Act 1988 | In Schedule 7, paragraph 9. |
| 1989 c. 29 | Electricity Act 1989 | In Schedule 16, paragraph 6. |
| 1990 c. 42 | Broadcasting Act 1990 | Sections 168 to 174. |
| Section 180(1). | ||
| Schedule 16. | ||
| In Schedule 18, in Part 1, paragraphs 1 and 3. | ||
| 1994 c. 22 | Vehicle Excise and Registration Act 1994 | In Schedule 3, paragraph 3. |
| 1995 c. 21 | Merchant Shipping Act 1995 | In Schedule 13, paragraph 24. |
| 1995 c. 40 | Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 | In Schedule 4, paragraph 48. |
| 1998 c. 6 | Wireless Telegraphy Act 1998 | The whole act. |
| 2000 c. 6 | Powers of Criminal Courts (Sentencing) Act 2000 | In Schedule 9, paragraph 92. |
| 2000 c. 23 | Regulation of Investigatory Powers Act 2000 | Section 73. |
| 2002 c. 26 | Justice (Northern Ireland) Act 2002 | In Schedule 7, paragraph 25. |
| 2003 c. 21 | Communications Act 2003 | Sections 152 to 184. |
| In section 393—(a) subsection (1)(b), and (b) subsection (5)(a), (b) and (l). | ||
| Section 394(2)(c). | ||
| Section 402(2)(b). | ||
| Section 404(4)(b) and (c) and (5). | ||
| In section 407(1)—(a) paragraph (a), and (b) in paragraph (c) the words "(a) or". | ||
| In Schedule 1, paragraphs 1 and 2. | ||
| Schedules 5 to 7. | ||
| In Schedule 8, paragraphs 13 to 36. | ||
| In Schedule 17—(a) paragraphs 6 to 18, (b) paragraphs 32 to 38, (c) paragraphs 64 to 69, (d) paragraph 72(2), and (e) paragraphs 145 to 151. | ||
| In Schedule 18—(a) paragraph 6, (b) paragraphs 20 and 21, (c) in paragraph 23, sub-paragraph (1)(c)(i), in sub-paragraph (2) the words "(or that Act of 1949)" and in sub-paragraph (3) the words "section 1F of that Act of 1949 or", (d) paragraph 55, and (e) paragraph 63. | ||
| In Schedule 19, Notes 1 and 3. | ||
| 2003 c. 44 | Criminal Justice Act 2003 | In Schedule 25, paragraph 29. |
| 2005 c. 15 | Serious Organised Crime and Police Act 2005 | In Schedule 16, paragraph 3. |
| Citation | Title | Extent of revocation |
|---|---|---|
| SR & O 1973/256 (N.I.) | Transfer of Functions (Local Government, etc.) (Northern Ireland) Order 1973 | In Schedule 1, the entry relating to the Wireless Telegraphy Act 1949. |
| In Schedule 2, the entry relating to the Wireless Telegraphy Act 1949. | ||
| SI 1986/948 | Hong Kong (British Nationality) Order 1986 | In Schedule 1, the paragraph relating to the Marine, &c., Broadcasting (Offences) Act 1967. |
| SI 1989/1341 (N.I. 12) | Police and Criminal Evidence (Northern Ireland) Order 1989 | In Article 26(2), the sub-paragraph (j) relating to section 14(1) of the Wireless Telegraphy Act 1949. |
| SI 1994/2795 (N.I. 15) | Criminal Justice (Northern Ireland) Order 1994 | In Schedule 2, paragraph 10. |
| SI 1996/1864 | Deregulation (Wireless Telegraphy) Order 1996 | Article 3. |
| SI 1997/2930 | Telecommunications (Licensing) Regulations 1997 | Regulation 4. |
| SI 1999/679 | Transfer of Functions (Lord Advocate and Advocate General for Scotland) Order 1999 | In the Schedule, the entry relating to section 14(7) of the Wireless Telegraphy Act 1949. |
| SI 1999/3180 | Telecommunications (Appeals) Regulations 1999 | Regulation 4. |
| SI 2005/886 | Courts Act 2003 (Consequential Provisions) Order 2005 | In the Schedule, paragraph 95. |
| SI 2006/1391 | Wireless Telegraphy (Pre-Consolidation Amendments) Order 2006 | The whole order. |
Section 126 – Short title and commencement
Section 126(2) provides that the act came into force at the end of the period of three months that began on the date on which it was passed. The word "months" means calendar months.[6] The day (that is to say, 8 November 2006) on which the act was passed (that is to say, received royal assent) is included in the period of three months.[7] This means that the act came into force on 8 February 2007.[5]