Wireless Telegraphy Act 1998 (repealed)

In this Act “wireless telegraphy licence” means any licence under the Wireless Telegraphy Act 1949 other than a television licence as defined in section 1(7) of that Act.

On the issue or renewal of a wireless telegraphy licence and, where regulations under this section so provide, subsequently at such times during the term of the licence as may be prescribed by the regulations, there shall be paid to the Secretary of State by the person to whom the licence is issued—

Regulations under this section—

Where sums will or may become payable under regulations under this section subsequently to the issue or renewal of a licence, the Secretary of State may, on the issue or renewal of the licence, require such security to be given, by way of deposit or otherwise, for the payment of the sums which will or may become payable as he thinks fit.

Regulations under this section shall not apply in relation to any licence granted in accordance with regulations under section 3.

Any regulations under section 2(1) of the Wireless Telegraphy Act 1949 which— shall be taken to have been made under this section; and accordingly may be amended or revoked by regulations under this section.

Any reference in a wireless telegraphy licence granted before the commencement of this section to section 2(1) of the Wireless Telegraphy Act 1949 shall be construed, in relation to any time after that commencement, as a reference to this section.

In exercising his powers under section 1 to prescribe sums payable in respect of wireless telegraphy licences of any description, the Secretary of State shall have regard, in particular, to the matters specified in subsection (2); and accordingly may, if he thinks fit, prescribe sums which are greater than would be necessary for the purposes of recovering costs incurred by him in connection with any functions relating to wireless telegraphy.

Those matters are—

In this section—

Having regard to the desirability of promoting the optimal use of the electro-magnetic spectrum, the Secretary of State may by regulations provide that, in such cases as may be specified in or determined by him under the regulations, applications for the grant of wireless telegraphy licences must be made in accordance with a procedure which—

Regulations under this section shall—

Regulations under this section may make provision with respect to the grant of the licences to which they apply and the terms, provisions and limitations subject to which such licences are issued and may, in particular—

Except to the extent that regulations under this section or a notice issued for the purposes of subsection (1)(a) otherwise provides, the issue of such a notice in respect of a particular licence does not bind the Secretary of State, on the completion of the procedure specified in the notice, to grant the licence.

A wireless telegraphy licence granted in accordance with regulations under this section shall specify, or specify the method for determining, the sum or sums payable in accordance with the applicant’s bid for the licence; and those sums shall be paid to the Secretary of State by the person to whom the licence is issued in accordance with the terms of the licence.

Subsection (4) of section 1 shall apply in relation to sums that will or may become payable under regulations under this section subsequently to the issue of a licence.

Section 1(2) of the Wireless Telegraphy Act 1949 (powers of Secretary of State in relation to grant of licences) and regulations under section 3 of that Act (regulations as to wireless telegraphy) shall have effect subject to regulations under this section.

In this section “grant”, in relation to a licence, includes renewal.

The Secretary of State may include in any wireless telegraphy licence terms restricting the exercise by him of his power under section 1(4) of the Wireless Telegraphy Act 1949 to revoke or vary the licence.

The terms that may be included in a wireless telegraphy licence by virtue of subsection (1) include, in particular, terms providing that the licence may not be revoked or varied except with the consent of the licence holder or in such other circumstances and on such grounds as may be specified in the licence.

Any such circumstances or grounds may relate to matters relevant for the purposes of any other enactment (and may, in particular, be dependent on the exercise of a statutory discretion under any other enactment).

A wireless telegraphy licence containing any terms included in the licence by virtue of subsection (1) may also provide that regulations made under section 3 of the Wireless Telegraphy Act 1949—

Notwithstanding any terms or provisions included in a wireless telegraphy licence in accordance with this section, the Secretary of State may at any time by a notice in writing served on the holder of the licence, revoke the licence or vary its terms, provisions or limitations, if it appears to him to be requisite or expedient to do so—

The Secretary of State may undertake, or arrange for the carrying out by any other person of, any research and development work which is intended to promote the efficient use or management of the electro-magnetic spectrum for wireless telegraphy.

The Secretary of State may, with the consent of the Treasury, make grants to any persons (whether or not holding wireless telegraphy licences) where, in his opinion, the making of the grant is likely to promote the efficient use or management of the electro-magnetic spectrum for wireless telegraphy.

Grants under this section may be given subject to such conditions as the Secretary of State with the consent of the Treasury may determine.

Any power of the Secretary of State to make regulations under this Act shall be exercisable by statutory instrument.

Before making regulations under any provision of this Act, the Secretary of State shall—

Subsection (2) does not apply in respect of any regulations if it appears to the Secretary of State that by reason of the urgency of the matter it is inexpedient to publish a notice under that subsection.

Any statutory instrument containing regulations under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

This Act extends to Northern Ireland.

The provisions capable of being extended to the Isle of Man or any of the Channel Islands under section 20(3) of the Wireless Telegraphy Act 1949 include the provisions of this Act amending that Act.

Her Majesty may by Order in Council direct that all or any of the other provisions of this Act shall extend to the Isle of Man or any of the Channel Islands with such adaptations and modifications, if any, as may be specified in the Order.

This Act may be cited as the Wireless Telegraphy Act 1998.

This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.