TELEGRAPHS Citation and commencement 1 This Order may be cited as the Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) Order 1998 and shall come into force on 6th November 1998. Revocation 2 The Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) Order 1988 and the Wireless Telegraphy (Citizens' Band and Amateur Apparatus) (Various Provisions) (Amendment) Order 1995 are hereby revoked. Interpretation 3 In this Order— “the 1967 Act” means the Wireless Telegraphy Act 1967; “the 1984 Act” means the Telecommunications Act 1984; “ CB apparatus” means wireless telegraphy apparatus known as “Citizens' Band” which is designed or adapted, or has facilities permitting its adaptation, for the purpose of transmitting spoken messages on the frequency band 26.1 MHz to 28 MHz; “ EN45001 and EN45002 ” means European Standards (Normes Europeene) EN45001 and EN45002 published in September 1989 by the British Standards Institution; “ ETS 300 135 ” means European Telecommunications Standard 300 135 published in June 1991 by the European Telecommunications Standards Institute ; “ ISO guides 25 and 58 ” means the International Organization for Standardization Guides 25 and 58 published by the International Organization for Standardization in December 1990 and September 1993 respectively; “ MPT 1320 ” means Department of Trade and Industry Performance Specification MPT 1320 published in April 1981 and revised and reprinted in May 1993 and withdrawn in December 1995; “ MPT 1333 ” means Department of Trade and Industry Performance Specification MPT 1333 published in December 1986 and revised and reprinted in May 1993 and withdrawn in December 1996; and “ MPT 1382 ” means Department of Trade and Industry Performance Specification MPT 1382 published in March 1995 and revised and reprinted in January 1997. Actions restricted 4 1 Subject to paragraph (4) of this article, no person shall take any of the actions listed in paragraph (3) in relation to CB apparatus unless— a the CB apparatus operates in the frequency band 27.59625–27.99625 MHz and— i complies with the requirements of MPT 1320; or ii complies with the requirements of MPT 1382; or iii is approved for the time being by the Secretary of State under section 84 of the 1984 Act for the purposes of this Order, provided that a person may have CB apparatus in his custody or control or undertake second-hand sale and advertisement of such apparatus, which operates in the frequency band 27.59625–27.99625 MHz and complies with the requirements of MPT 1320, if it was manufactured prior to 1st January 1996; or b the CB apparatus operates in the frequency band 26.960–27.410 MHz and complies with ETS 300 135 by either— i being approved for the time being by the Secretary of State under section 84 of the 1984 Act for the purposes of this Order; or ii being approved to ETS 300 135 by the national administration of a country listed in Schedule 1 following type testing at a test laboratory, which has been accredited in accordance with ISO guides 25 and 58 or EN45001 and EN45002 or a national standard conforming to ISO guides 25 and 58 or EN45001 and EN45002, provided that a person may have CB apparatus in his custody or control or undertake second-hand sale and advertisement of such apparatus, which operates in the frequency band 26.960–27.410 MHz and complies with the requirements of MPT 1333 by being approved for the time being by the Secretary of State under section 84 of the 1984 Act for the purposes of this Order, if it was manufactured prior to 27th October 1995; or c the CB apparatus operates in the frequency bands 26.960–27.410 MHz and 27.59625–27.99625 MHz and— i complies with the requirements of MPT 1382; or ii is approved for the time being by the Secretary of State under section 84 of the 1984 Act for the purposes of this Order. 2 No person shall take any of the actions listed in paragraph (3)(a) and (d) of this article in relation to wireless telegraphy apparatus designed or adapted for the purpose of transmitting messages in the frequency band 28 MHz to 29.7 MHz and in no other frequency band. 3 The actions restricted by this article are— a manufacture (whether or not for sale); b selling or offering for sale, letting on hire or offering to let on hire, or indicating (whether by display of the apparatus or by any form of advertisement) one’s willingness to sell or let on hire; c having in one’s custody or control; and d importation. 4 Nothing in this article prevents having in one’s custody or control and importation of CB apparatus and importation of the wireless telegraphy apparatus specified in paragraph (2) for the sole purpose of re-export from the United Kingdom. Marking 5 1 CB apparatus shall be marked in accordance with the requirements specified in Schedule 2. 2 No person shall, in the course of any trade or business, supply or offer to supply CB apparatus which does not comply with paragraph (1) of this article. Channel Islands and Isle of Man 6 This Order shall not extend to the Channel Islands and the Isle of Man. Barbara Roche Parliamentary Under Secretary of State for Small Firms, Trade and Industry, Department of Trade and Industry 14th October 1998