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The Wireless Telegraphy Act 2006 has brought together into a single statute the legislation under which Ofcom manages the radio spectrum. This replaces six separate Acts of Parliament. Ofcom welcomes the new Act, which will be easier to understand and interpret.

The new Act makes no changes to the law except to remedy a small number of minor anomalies. Existing wireless telegraphy licences and regulations continue to be valid.

Detail

The Wireless Telegraphy Act 2006 received Royal Assent on 8 November 2006 and came into force in the United Kingdom, Channel Islands and Isle of Man on 8 February 2007.

The new Act replaced the Wireless Telegraphy Acts 1949, 1967 and 1998, the Marine etc Broadcasting (Offences) Act 1967, Part 6 of the Telecommunications Act 1984 and certain provisions of the Communications Act 2003. Acts of Parliament can be found at http://www.opsi.gov.uk/acts.htm..

Licences issued and regulations made before 8 February 2007 will continue in force as if made under the new Act. Licensees need take no further action as a result of the consolidation.

The Act has exactly the same effect as the legislation it replaces in all but a very few cases. In particular, it continues to be an offence to install or use radio equipment without a licence from Ofcom, except where such use has been exempted from the need for a licence by Ofcom. A few detailed changes have been made to the legislation in order to eliminate anomalies and inconsistencies but these will have little or no impact on the great majority of spectrum users. They are set out in a separate pre-consolidation Order, which may be found at http://www.opsi.gov.uk/si/si2006/20061391.htm.

If you have any general queries about the consolidation, please ask your usual Ofcom contact. However, we regret that we cannot provide legal advice on how the legislation applies to individual circumstances and such questions may need to be referred to your own legal adviser.

For further details of procedures for licensing and spectrum trading, see http://www.ofcom.org.uk/radiocomms/isu/ukpfa/intro.

FAQs

What is consolidation?

The Wireless Telegraphy Act 2006 consolidates (that is to say brings together in one place without substantive change) all existing legislation relating to management of the UK’s radio spectrum - the airwaves. That legislation was previously spread over six separate Acts.

This new Act does not change the law. The duties on Ofcom to manage spectrum and to authorise use of spectrum and to enforce conditions of use remain the same. However, it pulls all the provisions together into a single statute and eliminates various minor anomalies and inconsistencies.

Why consolidate?

The UK’s wireless telegraphy legislation has been amended several times and was spread over a number of separate Acts with multiple cross-references. This made it difficult to follow and interpret. The decision to introduce the consolidation was taken by Government on advice of the Law Commission, an independent body charged with keeping the statute book under review, and followed public consultation. Ofcom welcomes the consolidation and has actively supported it.

What does consolidation mean for Ofcom’s licensees and stakeholders?

Essentially there is no immediate change for any licensee or stakeholder. Anyone holding a licence issued previously will still have the same rights and obligations. New licences will also be the same except they will refer to the new Act rather than to the old ones.

Ofcom’s powers of investigation and enforcement remain the same. However any notices will in future refer to the new Act.

The new Act will make it easier for stakeholders and their advisers to refer to the legal powers. The new Act should also be easier to follow than the previous Acts.

What happens to any licence that I hold?

Nothing changes if you hold an existing licence. Nor is there any change to the need to hold a licence. It is only if you apply for a new licence that you will see some minor changes in the text to refer to the new Act. For example, licences say that they have been issued under section 8 of the Wireless Telegraphy Act 2006 instead of under section 1 of the Wireless Telegraphy Act 1949.

What happens to any regulations made by Ofcom?

Ofcom makes a range of statutory instruments and Orders (for example on exemptions from licensing and fees for licences) under the existing legislation. These continue in force. However, when they are replaced in due course, the new versions will be made under and refer to the new Act.

What happens to any investigations or prosecutions brought by Ofcom?

Any prosecutions or enforcement notices served under the previous legislation will continue to be effective. The only change is that any future actions will refer to the provisions of the new Act, which are equivalent to those that they replace.

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