Telecommunication Apparatus (Marking and Labelling) Order 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/717 |
| Year | 1985 |
1985 No. 717
TELECOMMUNICATIONS
The Telecommunication Apparatus (Marking and Labelling) Order 19857thMay 1985
10thMay 1985
3rdJune 1985
Whereas it appears to the Secretary of State expedient that telecommunication apparatus to which this Order applies should be marked with or accompanied by certain information and instructions relating to that apparatus and its connection and use:
Now, therefore, the Secretary of State, in exercise of the power conferred on him by section 28 of the Telecommunications Act 1984(a), hereby makes the following Order:—
Citation, commencement and revocation
1.— (1) This Order may be cited as the Telecommunication Apparatus (Marking and Labelling) Order 1985 and shall come into operation on 3rd June 1985.
(2) The Telecommunication Apparatus (Marking and Labelling) Order 1982(b) is hereby revoked, except for the purposes of Article 6.
Interpretation
2. In this Order—
"the Act" means the Telecommunications Act 1984;
"the 1981 Act" means the British Telecommunications Act 1981(c);
"approved apparatus" means apparatus in respect of which—
(a) an approval has been given under section 22(1) of the Act; or
(b) an approval has been issued under section 16(2) of the 1981 Act for direct or indirect connection to a telecommunication system run by
(a) 1984 c. 12.
(b) S.I. 1982/491, which by virtue of paragraph 3(1) of Schedule 5 to the Act had effect as if made under section 28 of the Act.
(c) 1981 c.38.
British Telecommunications and has effect as if given under section 22(1) of the Act
and that approval is, or has effect as, an approval for its connection to a relevant system or a relevant branch system;
"dialling" includes any equivalent operation;
"message" means anything falling within paragraphs (a) to (d) of section 4(1) of the Act;
"mobile wireless telegraphy apparatus" means wireless telegraphy apparatus which is designed to be used while in motion;
"offer to supply" and "supply" shall be construed in accordance with subsections (5) and (6) of section 28 of the Act respectively, and related expressions shall be construed accordingly;
"the 1982 Order" means the Telecommunication Apparatus (Marking and Labelling) Order 1982;
"relevant branch system" means a telecommunication system which is connected to, but does not form part of, a relevant system and which is run under a licence granted, or having effect as if granted, under section 7 of the Act such that apparatus comprised in that telecommunication system must be approved apparatus;
"relevant system" means—
(a) a public telecommunication system run by British Telecommunications plc or Kingston-upon-Hull City Council; or
(b) in relation to apparatus approved for connection to—
(i) a public telecommunication system run by Mercury Communications Limited as well as to such a system run by British Telecommunications plc or Kingston-upon-Hull City Council; or
(ii) to any cellular radio system run by Telecom Securicor Cellular Radio Limited or Racal Vodafone Limited
that system;
"supply by retail" means, in relation to any apparatus, supply to a person who is not acquiring it for the purpose of supplying it to another person; and
"wireless telegraphy apparatus" has the same meaning as in the Wireless Telegraphy Act 1949(a).
Application
3.— (1) Subject to paragraph (2) below, this Order applies to telecommunication apparatus of any of the descriptions set out in Schedule 1 to this Order which—
(a) is capable of being connected to a relevant system or relevant branch system; and
(b) is supplied or offered for supply to a person in the United Kingdom (whether the supplier is within or outside the United Kingdom).
(a) 1949 c.54.
(2) This Order does not apply to:—
(a) any apparatus which is approved only for connection to a telecommunication system run by Mercury Communications Limited; or
(b) any apparatus which for a period of not less than three months immediately preceding the supply or offer for supply was connected to a relevant system and which is supplied or offered for supply on the same premises where it was so connected.
Marking and Labelling requirements
4.— (1) Apparatus to which this Order applies shall be marked or labelled as the case may require in accordance with the marking and labelling requirements set out in Schedule 2 to this Order.
(2) No person shall, in the course of a trade or business, supply or offer to supply any such apparatus with respect to which the said requirements are not complied with.
Information and instructions
5.— (1) When supplying, otherwise than by retail, any apparatus to which this Order applies, the supplier shall, in addition to complying with the marking and labelling requirements of this Order, give a written statement to the person to whom the apparatus is supplied, stating—
(a) whether or not...
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