Wireless Telegraphy Act 1926

Number 45 of 1926

WIRELESS TELEGRAPHY ACT 1926

REVISED

Updated to 29 July 2024

This Revised Act is an administrative consolidation of the Wireless Telegraphy Act 1926. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), enacted 23 July 2024, and all statutory instruments up to and including the Wireless Telegraphy (Liberalised Use and Preparatory Licences in the 800 MHz, 900 MHz and 1800 MHz Bands) (Amendment) Regulations 2024 (S.I. No. 380 of 2024), made 29 July 2024, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 45 of 1926


WIRELESS TELEGRAPHY ACT 1926

REVISED

Updated to 29 July 2024


ARRANGEMENT OF SECTIONS


Acts Referred to

Courts of Justice Act 1924

No. 10 of 1924

Courts of Justice Act 1926

No. 1 of 1926


Number 45 of 1926


WIRELESS TELEGRAPHY ACT 1926

REVISED

Updated to 29 July 2024


AN ACT TO MAKE PROVISION FOR THE REGULATION AND CONTROL OF WIRELESS TELEGRAPHY ON LAND, AT SEA, AND IN THE AIR, AND FOR THE REGULATION AND CONTROL OF CERTAIN CLASSES OF VISUAL AND SOUND SIGNALLING STATIONS, AND FOR THE ESTABLISHMENT AND MAINTENANCE OF STATE BROADCASTING STATIONS, AND TO PROVIDE FOR OTHER MATTERS RELATING TO WIRELESS TELEGRAPHY, SIGNALLING, AND BROADCASTING RESPECTIVELY. [24th December, 1926.]

BE IT ENACTED BY THE OIREACHTAS OF F1[THE STATE] AS FOLLOWS:—

Annotations

Amendments:

F1

Substituted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 1 item 11, S.I. No. 224 of 2007, subject to transitional provisions in s. 4(4) and sch. 3.

Modifications (not altering text):

C1

Application of Act restricted (9.06.2023) by Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 (4/2023), s. 61(1), S.I. No. 299 of 2023.

Application of Part

61. (1) This Part applies in respect of a licence notwithstanding anything to the contrary in—

(a) the Act of 1926,

(b) any Regulations made under section 6 (inserted by section 182 of, and Schedule 2 to, the Broadcasting Act 2009) of the Act of 1926, and

(c) the licence itself.

...

C2

References construed (6.09.2022) by European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022), reg. 113(2), (3).

Transitional arrangements

113. A measure that was in force under the Framework Regulations, the Authorisation Regulations, the Access Regulations or the Universal Service Regulations (“the 2011 Regulations”) immediately before the commencement of these Regulations shall continue in force as if it was made under these Regulations.

(2) Licences, rights of use, or authorisations granted under the Act of 1926 or any instrument made under that Act in accordance with any provision of the 2011 Regulations, that were in force immediately before the commencement of these Regulations shall be construed as licences granted in accordance with these Regulations.

(3) Any reference in the Act of 1926 or any instrument made under that Act to —

(a) the Framework Regulations,

(b) the Access Regulations,

(c) the Authorisation Regulations, or

(d) the Universal Service Regulations,

shall be read as a reference to these Regulations.

C3

Application of Act restricted (6.06.2017) by European Union (Radio Equipment) Regulations 2017 (S.I. No. 248 of 2017), reg. 46(2).

46. ...

(2) Nothing in the Wireless Telegraphy Acts 1926 to 1988, shall operate to restrict or prevent any person from working or using an apparatus for wireless telegraphy, which is lawfully in their possession, or which is otherwise in compliance with the licensing requirements of those Acts for its intended purpose where it complies with the provisions of the Directive, save where such restriction or prevention is related to the effective and appropriate use of the radio frequency spectrum, avoidance of harmful interference or matters relating to public health.

C4

Application of Act restricted (8.09.1997) by European Communities (Satellite Telecommunications Services) Regulations 1997 (S.I. No. 372 of 1997), reg. 3.

3. The Wireless Telegraphy Acts 1926 to 1972, and the Broadcasting and Wireless Telegraphy Act 1988 (No. 19 of 1988), shall not apply to the placing on the market of satellite earth station equipment.

Editorial Notes:

E1

Previous affecting provision: application of Act restricted (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011), reg. 16(17); revoked (6.06.2023) by European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022), reg. 116(c), subject to transitional provisions in regs. 114, 115, as inserted by European Union (Electronic Communications Code) (Amendment) Regulations 2023 (S.I. No. 300 of 2023), reg. 2(f).

E2

Previous affecting provision: application of Act restricted (25.07.2003) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 (S.I. No. 306 of 2003), reg. 16(14), in effect as per reg. 1(2); revoked (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011), reg. 28(2)(a), subject to transitional provisions in reg. 27.

E3

Previous affecting provision: application of Act restricted (5.06.2001) by European Communities (Radio Equipment and Telecommunications Terminal Equipment) Regulations 2001 (S.I. No. 240 of 2001), reg. 20(2); revoked (6.06.2017) by European Union (Radio Equipment) Regulations 2017 (S.I. No. 248 of 2017), reg. 47, subject to transitional provisions in reg. 48.

Preliminary.

Section 1

Short title.

1

1.This Act may be cited as the Wireless Telegraphy Act 1926.

Section 2

Definitions.

2

2.In this Act—

F2[except as provided by section 9, "appropriate authority"—

(a) in relation to wireless telegraphy apparatus in ships and vessels associated with safety and security on board them and their operation (including the certificates of competency for the operation of apparatus for wireless telegraphy on ships and vessels), means the Minister for Transport, and

(b) in relation to any other matter, means the Commission;]

F3[the expression "the Commission" means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002;]

the expression “the Minister” means the Minister for Posts and Telegraphs;

the expression F4["wireless telegraphy" means the emitting and receiving, or emitting only or receiving only, over paths which are not provided by any material substance constructed or arranged for that purpose, of electric, magnetic or electromagnetic energy of a frequency not exceeding 3 million megahertz, whether or not such energy serves the conveying (whether they are actually received or not) of communications, sounds, signs, visual images or signals, or the actuation or control of machinery or apparatus];

F4["apparatus for wireless telegraphy" means apparatus capable of emitting and receiving, or emitting only or receiving only, over paths which are not provided by any material substance constructed or arranged for that purpose, electric, magnetic or electro-magnetic energy, of a frequency not exceeding 3 million megahertz, whether or not such energy serves the conveying (whether they are actually received or not) of communications, sounds, signs, visual images or signals, or the actuation or control of machinery or apparatus, and includes any part of such apparatus, or any article capable of being used as part of such apparatus, and also includes any other apparatus which is associated with, or electrically coupled to, apparatus capable of so emitting such energy];

the word F5["broadcast" means the transmission, relaying or distributing by wireless telegraphy of communications, sounds, signs, visual images or signals, intended for direct reception by the general public whether such communications, sounds, signs, visual images or signals are actually received or not;]

the expression “broadcasting station” means a building or other place fitted and equipped for broadcasting F6[or for repeating broadcasting];

F7[]

the expression “signalling station” means any fixed or not easily movable apparatus for signalling by means of visible signals or for signalling by means of audible signals.

F8["television set" has the meaning assigned to it by section 140 of the Broadcasting Act 2009.]

F9["daa" means daa, public limited company;]

F9["Dublin Airport" has the same meaning as it has in the State Airports Act 2004 (No. 32 of 2004);]

F9["UAS" means unmanned aircraft system;]

F9["unmanned aircraft system" means an unmanned aircraft and the equipment to control it remotely, including any electronic device;]

F9["radio frequency jammer" means a device constructed, adapted or intended to be used to prevent the reception of radio transmissions by a receiver relevant to its function;]

F10[For the purposes of this Act, any apparatus which—

(a) is electrically coupled to wirele telegraphy apparatus, and

(b) is used in receiving and conveying messages, sounds or visual images sent by wireless telegraphy, shall be regarded as being wireless telegraphy apparatus.]

Annotations

Amendments:

F2

Substituted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 181(1)(a), commenced on enactment.

F3

Inserted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 1 item 1, S.I. No. 224 of 2007, subject to transitional provisions in s. 4(4) and sch. 3.

F4

Substituted (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), s. 2(1)(a), (b), commenced as per s. 21(2).

F5

Substituted (3.07.1988) by Radio and Television Act 1988 (20/1988), s. 19, commenced on enactment.

F6

Inserted (12.04.1960) by Broadcasting Authority Act 1960 (10/1960), s. 34(b), commenced on enactment.

F7

Deleted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 181(1)(b), commenced on enactment.

F8

Inserted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 181(1)(c), commenced on enactment.

F9

Inserted (6.06.2023) by European Union (Wireless Telegraphy Act 1926) (Amendment) Regulations 2023 (S.I. No. 289 of 2023), reg. 2(a).

F10

Inserted (21.12.1976) by Broadcasting Authority (Amendment) Act 1976 (37/1976), s. 18(b), commenced on enactment.

Modifications (not altering text):

C5

Functions in relation to television sets and licensing of television sets transferred and references to "Minister for Communications, Climate Action and Environment" and "Department of Communications, Climate Action and Environment" construed (23.09.2020) by Broadcasting (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 372 of 2020), arts. 2, 3 and sch. part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 4, 5, 6, 8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Culture, Heritage and the Gaeltacht.

(2) References to the Department of Communications, Climate Action and Environment contained in any Act or any instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Culture, Heritage and the Gaeltacht.

3. (1) The functions vested in the Minister for Communications, Climate Action and Environment -

(a) by or under any of the Acts specified in Part 1 of the Schedule, and

(b) under the instruments specified in Part 2 of the Schedule,

are transferred to the Minister for Culture, Heritage and the Gaeltacht.

(2) References to the Minister for Communications, Climate Action and Environment contained in any Act or instrument made under an Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Culture, Heritage and the Gaeltacht.

SCHEDULE

Part 1

Article 3(1)(a)

Acts, functions by or under which are transferred from the Minister for Communications, Climate Action and Environment to the Minister for Culture, Heritage and the Gaeltacht

Broadcasting Act 2009 (No. 18 of 2009), other than section 184

Section 17(2) and (3) and Part 3A of the Competition Act 2002 (No. 14 of 2002)

Part 2

Instruments, functions under which are transferred from the Minister for Communications, Climate Action and Environment to the Minister for Culture, Heritage and the Gaeltacht

European Communities (Audiovisual Media Services) Regulations 2010 (S.I. No. 258 of 2010) (as amended by the European Communities (Audiovisual Media Services) (Amendment) Regulations 2012 (S.I. No. 247 of 2012))

Television Licences Regulations 2007 (S.I. No. 851 of 2007)

Note that the name of the Minister for and Department of Culture, Heritage and the Gaeltacht was changed to Minister for and Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media (30.09.2020) by Culture, Heritage and the Gaeltacht (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 403 of 2020), arts. 2, 3, 4, in effect as per art. 1(2).

C6

Functions of Director of Telecommunications Regulation transferred to Commission for Telecommunications Regulation and references construed by Communications Regulation Act 2002 (20/2002), s. 9(1)(a), (4) and sch. 1 part 1, as substituted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 18, S.I. No. 224 of 2007.

Transfer of functions.

9.—(1) On the establishment day there is transferred to the Commission the functions of the Director by or under—

(a) each of the provisions mentioned in column (3) of Part 1 of Schedule 1 of the enactments mentioned in column (2) of that Part opposite the mention of that provision, and

(b) each of the statutory instruments mentioned in Part 2 of Schedule 1.

...

(4) Reference in a transferred function to the Director or the Minister (construed by virtue of section 4 of the Act of 1996 as a reference to the Director) shall, from the establishment day, be construed as a reference to the Commission.

[SCHEDULE 1

Related Enactments for the Purposes of this Act

PART 1

Acts

(1) The Wireless Telegraphy Act 1926 :

(a) section 2;

(b) section 2A;

(c) section 3(3B) to 3(3C) (except in relation to television sets);

(d) section 3(6);

(e) section 5 (except in relation to licensing television sets);

(f) section 6 (except in relation to licensing television sets);

(g) section 7 (except in relation to licensing television sets);

(h) section 8 (except in relation to licensing television sets);

(i) Section 9(1) (except in relation to aircraft);

(j) section 10A(2);

(k) section 12(2) (except in relation to television sets or broadcasting matters or aircraft as appropriate);

(l) section 13 (except as regards prosecutions for offences under section 3 in respect of television sets);

...]

Editorial Notes:

E4

Previous affecting provision: definition of "the appropriate authority" inserted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 1 item 1, S.I. No. 224 of 2007, subject to transitional provisions in s. 4(4) and sch. 3; substituted (12.07.2009) as per F-note above.

E5

Previous affecting provision: functions in relation to television sets and licensing of television sets transferred and references to "Minister for Arts, Heritage, Gaeltacht and the Islands" and "Department of Arts, Heritage, Gaeltacht and the Islands" construed (18.06.2002) by Broadcasting (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 299 of 2002), arts. 3, 4 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 5, 6, 7, 9; superseded (23.09.2020) as per C-note above. Note that the name of the Minister for and Department of Marine and Natural Resources was changed:

• to the Minister for and Department of Communications, Marine and Natural Resources (19.06.2002) by Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 307 of 2002), arts. 2, 3, 4, in effect as per art. 1(2);

• to the Minister for and Department of Communications, Energy and Natural Resources (20.10.2007) by Communications, Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2007 (S.I. No. 706 of 2007), arts. 2, 3, 4, in effect as per art. 1(2);

• to the Minister for and Department of Communications, Climate Action and Environment (23.07.2016) by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016), arts. 2, 3, 4, in effect as per art. 1(2).

E6

Previous affecting provision: references to Minister construed as "Minister for Transport, Energy and Communications" and functions of Minister transferred to Director of Telecommunications Regulation (30.06.1997) by Telecommunications (Miscellaneous Provisions) Act 1996 (34/1996), ss. 1, 4(2) and sch. 2 part 1, S.I. No. 110 of 1997; superseded (1.12.2002) as per E-note above.

E7

Previous affecting provision: functions in relation to television sets and licensing of television sets transferred and references to "Minister for Tourism, Transport and Communications" and "Department of Tourism, Transport and Communications" construed as Minister for and Department of the Gaeltacht (20.01.1993) by Broadcasting (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 13 of 1993), arts. 3, 4, and sch. part 1, subject to transitional provisions in arts. 5, 6, 7, 9; superseded (18.06.2002) as per E-note above. Note that the name of the Minister for and Department of the Gaeltacht was changed:

• to the Minister for and Department of Arts, Culture and the Gaeltacht (20.01.1993) by Gaeltacht (Alteration of Name of Department and Title of Minister) Order 1993 (S.I. No. 22 of 1993), arts. 2, 3, 4, in effect as per art. 1(2);

• to the Minister for Arts, Heritage, Gaeltacht and the Islands (12.07.1997) by Arts, Culture and the Gaeltacht (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 306 of 1997), arts. 2, 3, 4, in effect as per art. 1(2).

E8

Previous affecting provision: functions transferred and references to "Minister for Communications" and "Department of Communications" construed as Minister for and Department of Tourism, Transport and Communications (8.02.1991) by Communications (Transfer of Departmental Administration and Ministerial Functions) Order 1991 (S.I. No. 26 of 1991), arts. 3, 4, subject to transitional provisions in arts. 5, 6, 7, 9, in effect as per art. 1(2); superseded (30.06.1997) as per E-note above. Note that the name of the Minister for and Department of Tourism, Transport and Communications was changed to Minister for and Department of Transport, Energy and Communications (22.01.1993) by Tourism, Transport and Communications (Alteration of Name of Department and Title of Minister) Order 1993 (S.I. No. 17 of 1993), arts. 2, 3, 4, in effect as per art. 1(2).

E9

Previous affecting provision: office of Minister for and Department of Posts and Telegraphs abolished, functions transferred and references to "Minister for Posts and Telegraphs" construed (1.02.1984) by Ministers and Secretaries (Amendment) Act 1983 (40/1983), s. 3(1), (2), in effect as per s. 3(1), superseded (8.02.1991) as per E-note above.

E10

Previous affecting provision: definition of "wireless telegraphy" amended (21.12.1976) by Broadcasting Authority (Amendment) Act 1976 (37/1976), s. 18(a), commenced on enactment; substituted (31.12.1988) as per F-note above.

E11

Previous affecting provision: definition of "broadcast matter" amended (12.04.1960) by Broadcasting Authority Act 1960 (10/1960), s. 34(c), commenced on enactment; definition deleted (12.07.2009) as per F-note above.

Section

F11[Minister for Transport to consult other authorities before making regulations or orders.

2A.—(1) The Minister for Transport may make regulations or orders under this Act only after having consulted the Commission and the Minister for Communications, Marine and Natural Resources.

(2) Regulations or orders made in contravention of subsection (1) have no effect.]

Annotations

Amendments:

F11

Inserted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 1 item 2, S.I. No. 224 of 2007, subject to transitional provisions in s. 4(4) and sch. 3.

Modifications (not altering text):

C7

Functions of Director of Telecommunications Regulation transferred to Commission for Telecommunications Regulation and references construed (15.05.2007) by Communications Regulation Act 2002 (20/2002), s. 9(1)(a), (4) and sch. 1 part 1, as substituted by Communications Regulation (Amendment) Act 2007 (22/2007), s. 18, S.I. No. 224 of 2007.

Transfer of functions.

9.—(1) On the establishment day there is transferred to the Commission the functions of the Director by or under—

(a) each of the provisions mentioned in column (3) of Part 1 of Schedule 1 of the enactments mentioned in column (2) of that Part opposite the mention of that provision, and

(b) each of the statutory instruments mentioned in Part 2 of Schedule 1.

...

(4) Reference in a transferred function to the Director or the Minister (construed by virtue of section 4 of the Act of 1996 as a reference to the Director) shall, from the establishment day, be construed as a reference to the Commission.

[SCHEDULE 1

Related Enactments for the Purposes of this Act

PART 1

Acts

(1) The Wireless Telegraphy Act 1926 :

(a) section 2;

(b) section 2A;

(c) section 3(3B) to 3(3C) (except in relation to television sets);

(d) section 3(6);

(e) section 5 (except in relation to licensing television sets);

(f) section 6 (except in relation to licensing television sets);

(g) section 7 (except in relation to licensing television sets);

(h) section 8 (except in relation to licensing television sets);

(i) Section 9(1) (except in relation to aircraft);

(j) section 10A(2);

(k) section 12(2) (except in relation to television sets or broadcasting matters or aircraft as appropriate);

(l) section 13 (except as regards prosecutions for offences under section 3 in respect of television sets);

...]

Note that the full history of functions transferred under this section can be found in the E-note annotations of s. 2.

Editorial Notes:

E12

Power pursuant to section exercised (1.03.2010) by Wireless Telegraphy (Maritime Radio Operator) (Certificates of Competency) Regulations 2010 (S.I. No. 8 of 2010), in effect as per reg. 1(2).

Part I.

Wireless Telegraphy and Signalling.

Section 3

Restrictions on possession of wireless telegraphy apparatus.

3

3.(1) Subject to the exceptions hereinafter mentioned, no person shall keep or have in his possession anywhere in F12[the State] or in any ship or aircraft to which this section applies any apparatus for wireless telegraphy save in so far as such keeping or possession is authorised by a licence granted under this Act and for the time being in force.

(2) No person having possession of apparatus for wireless telegraphy under a licence granted under this Act shall F13[instal, maintain, work or use] such apparatus otherwise than in accordance with the terms and conditions subject to which such licence is F13[expressly, or is by virtue of this Act deemed to have been,] granted.

F14[(3) A person who keeps, has in his or her possession, installs, maintains, works or uses any apparatus (other than a television set) in contravention of this section commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €250,000.]

F15[(3A) (a) Where a person is convicted on indictment of an offence under this section, the interest of the person, whether as owner or otherwise, in the following apparatus shall stand forfeited as a statutory consequence of conviction:

(i) in case the apparatus in respect of which the offence was committed is a wired broadcast relay station, the part or parts thereof comprised in the station between the station's initial point of reception of television programmes, sound programmes or television programmes and sound programmes, as the case may be, and the point at which such programmes are fed into the station's trunk cable for conveyance by wire,

(ii) in case the apparatus in respect of which the offence was committed is not a wired broadcast relay station, the apparatus in respect of which the offence was committed.

(b) In this subsection—

"service point" means a point in a premises or part of a premises which is connected by wire to a wired broadcast relay station and to which television programmes, sound programmes or both television programmes and sound programmes are conveyed by the wire for reception on wireless telegraphy apparatus in the possession of the occupier of the premises or part;

"wired broadcast relay station" means wireless telegraphy apparatus capable of receiving television programmes, sound programmes or both television programmes and sound programmes by means of wireless telegraphy and then conveying the programmes by wire for reception on wireless telegraphy apparatus, and includes any aerials and the wires connected to any service point served by such station.]

F15[(3B) Where anything is, as a statutory consequence of conviction, forfeited under this section, the Minister may direct that such thing shall be destroyed or be sold or otherwise disposed of in such manner as he thinks fit.]

F15[(3C) Where the Minister, in pursuance of subsection (3B) of this section, directs a thing to be sold, the net proceeds of the sale shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.]

(4) Apparatus for wireless telegraphy affixed to a ship to which this section applies or kept in any such ship for the use or general purposes of the ship in contravention of this section shall, for the purposes of a prosecution under this section, be deemed to be kept by and in the possession of the master of such ship and also to be kept by and in the possession of the owner of such ship.

(5) Subject to the exceptions hereinafter mentioned this section applies to—

(a) every ship registered in F12[the State], and

(b) every unregistered ship or other vessel which is usually kept in or which frequents the waters (whether inland or territorial) of F12[the State], and

(c) every ship or vessel not coming within either of the foregoing paragraphs which is for the time being in the waters (whether inland or territorial) of F12[the State] and in respect of which no licence then in force for the possession or working of apparatus for wireless telegraphy has been granted in any other country or state, and

(d) every aircraft owned by a person who, in the case of an individual, has his usual place of residence in F12[the State] or, in the case of an association, company, or other body (whether corporate or incorporate), has its principal office in F12[the State], and

(e)every aircraft not coming within the foregoing paragraph which is for the time being in or over F12[the State] or the waters thereof and in respect of which no licence then in force for the possession or working of apparatus for wireless telegraphy has been granted in any other country or state.

F16[(6) This section shall not apply to apparatus for wireless telegraphy which is—

(a) of a class or description for the time being declared by an order of F17[the appropriate authority] (which may be revoked or amended by a further order) to be a class or description of apparatus for wireless telegraphy to which this section is not to apply,

(b) kept by or in the possession of the Minister for Defence for the purposes of the Defence Forces, or

(c) in any ship of war belonging to the State or any other country or state.]

(7) For the purposes of this section the expression “unregistered ship or other vessel” means a ship or other vessel which is not registered under the laws for the time being in force in relation to the registration of ships in F12[the State] or any other country or state.

Annotations

Amendments:

F12

Substituted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 1 item 11, S.I. No. 224 of 2007, subject to transitional provisions in s. 4(4) and sch. 3.

F13

Substituted (3.04.1972) by Wireless Telegraphy Act 1972 (5/1972), s. 11(a), commenced on enactment.

F14

Substituted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 181(2), commenced on enactment. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.

F15

Inserted (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), s. 12(1)(a), in effect as per s. 21(2).

F16

Substituted (3.04.1972) by Wireless Telegraphy Act 1972 (5/1972), s. 11(c), commenced on enactment.

F17

Substituted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 1 item 3, S.I. No. 224 of 2007, subject to transitional provisions in s. 4(4) and sch. 3.

Modifications (not altering text):

C8

Application of subs. (1) restricted (6.06.2017) by European Union (Radio Equipment) Regulations 2017 (S.I. No. 248 of 2017), reg. 46(1).

46. (1) Notwithstanding section 3(1) of the Wireless Telegraphy Act 1926, a person shall not be required to hold a licence under that Act to keep or have in his or her possession any apparatus for wireless telegraphy solely for the purpose of placing that apparatus on the market, within the meaning of the Directive.

...

C9

Certain functions under subss. (3B), (3C), (6) of Director of Telecommunications Regulation transferred to Commission for Telecommunications Regulation and references construed (15.05.2007) by Communications Regulation Act 2002 (20/2002), s. 9(1)(a), (4) and sch. 1 part 1, as substituted by Communications Regulation (Amendment) Act 2007 (22/2007), s. 18, S.I. No. 224 of 2007.

Transfer of functions.

9.—(1) On the establishment day there is transferred to the Commission the functions of the Director by or under—

(a) each of the provisions mentioned in column (3) of Part 1 of Schedule 1 of the enactments mentioned in column (2) of that Part opposite the mention of that provision, and

(b) each of the statutory instruments mentioned in Part 2 of Schedule 1.

...

(4) Reference in a transferred function to the Director or the Minister (construed by virtue of section 4 of the Act of 1996 as a reference to the Director) shall, from the establishment day, be construed as a reference to the Commission.

[SCHEDULE 1

Related Enactments for the Purposes of this Act

PART 1

Acts

(1) The Wireless Telegraphy Act 1926 :

(a) section 2;

(b) section 2A;

(c) section 3(3B) to 3(3C) (except in relation to television sets);

(d) section 3(6);

(e) section 5 (except in relation to licensing television sets);

(f) section 6 (except in relation to licensing television sets);

(g) section 7 (except in relation to licensing television sets);

(h) section 8 (except in relation to licensing television sets);

(i) Section 9(1) (except in relation to aircraft);

(j) section 10A(2);

(k) section 12(2) (except in relation to television sets or broadcasting matters or aircraft as appropriate);

(l) section 13 (except as regards prosecutions for offences under section 3 in respect of television sets);

...]

Note that the full history of functions transferred under this section can be found in the E-note annotations of section 2.

Editorial Notes:

E13

Power pursuant to subs. (6)(a) exercised (25.11.2021) by Wireless Telegraphy Act 1926 (Section 3) Satellite Earth Stations for Satellite Personal Communication Services (Revocation) Order 2021 (S.I. No. 642 of 2021).

E14

Power pursuant to subs. (6)(a) exercised (9.06.2021) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Customer Premises Equipment and User Equipment) Order 2021 (S.I. No. 282 of 2021).

E15

Power pursuant to subs. (6)(a) exercised (23.06.2020) by Wireless Telegraphy Act 1926 (section 3) (Exemption of Terminals for Satellite Services) Order 2020 (S.I. No. 226 of 2020).

E16

Power pursuant to subs. (6)(a) exercised (18.07.2018) by Wireless Telegraphy Act 1926 (section 3) (Exemption of Mobile Phone Repeaters) Order 2018 (S.I. No. 283 of 2018).

E17

Power pursuant to subs. (6)(a) exercised (26.05.2017) by Wireless Telegraphy Act 1926 (section 3) (Exemption of Apparatus for Mobile Communication Services on Aircraft) Order 2017 (S.I. No. 218 of 2017).

E18

Power pursuant to subs. (6)(a) exercised (24.05.2013) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Apparatus for Mobile Communications Services on Board Vessels) Order 2013 (S.I. No. 169 of 2013).

E19

Power pursuant to subs. (6)(a) exercised (27.03.2013) by Wireless Telegraphy Act 1926 (section 3) (Exemption of Level Probing Radars) Order 2013 (S.I. No. 112 of 2013).

E20

Power pursuant to subs. (6)(a) exercised (27.03.2013) by Wireless Telegraphy Act 1926 (section 3) (Exemption of Ground Probing and Wall Probing Radars) Order 2013 (S.I. No. 111 of 2013).

E21

Power pursuant to subs. (6) exercised (14.06.2010) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of 406MHz Personal Locator Beacons) Order 2010 (S.I. No. 290 of 2010).

E22

Power pursuant to subs. (6) exercised (10.04.2006) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Short Range Devices) (Amendment) Order 2006 (S.I. No. 160 of 2006).

E23

Power pursuant to subs. (6) exercised (24.06.2005) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Receive Only Apparatus For Wireless Telegraphy) (Amendment) Order 2005 (S.I. No. 292 of 2005).

E24

Power pursuant to subs. (6) exercised (18.04.2005) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Receive Only Apparatus For Wireless Telegraphy) Order 2005 (S.I. No. 197 of 2005).

E25

Power pursuant to subs. (6) exercised (30.07.2002) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Short Range Devices) Order 2002 (S.I. No. 405 of 2002).

E26

Power pursuant to subs. (6) exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Ermes Paging Receivers) Order 1999 (S.I. No. 108 of 1999).

E27

Power pursuant to subs. (6) exercised (11.11.1998) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Citizens' Band (Cb) Radios) Order 1998 (S.I. No. 436 of 1998).

E28

Power pursuant to subs. (6) exercised (24.06.1998) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Satellite Earth Stations For Satellite Personal Communication Services (S-Pcs)) Order 1998 (S.I. No. 214 of 1998).

E29

Power pursuant to subs. (6) exercised (1.04.1998) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Short Range Business Radios) Order 1998 (S.I. No. 93 of 1998).

E30

Power pursuant to subs. (6) exercised (1.10.1997) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Cordless Telephones) Order 1997 (S.I. No. 410 of 1997).

E31

Power pursuant to subs. (6) exercised (1.10.1976) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Wired Broadcast Relay Stations) Order 1976 (S.I. No. 200 of 1976), in effect as per art. 1(2).

E32

Power pursuant to subs. (6) exercised (1.09.1972) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Sound Broadcasting Receivers) Order 1972 (S.I. No. 211 of 1972), in effect as per art. 1(b).

E33

Previous affecting provision: power pursuant to subs. (6) exercised and application of section restricted (25.08.2008) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Low Power Earth Stations on Board Vessels) Order 2008 (S.I. No. 343 of 2008), art. 3 and sch.; revoked (23.06.2020) by Wireless Telegraphy Act 1926 (section 3) (Exemption of Terminals for Satellite Services) Order 2020 (S.I. No. 226 of 2020), art. 5(6).

E34

Previous affecting provision: power pursuant to subs. (6) exercised and application of section restricted (11.06.2008) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Apparatus for Mobile Communication Services on Aircraft) Order 2008 (S.I. No. 178 of 2008), art. 4 and sch.; revoked (26.05.2017) by Wireless Telegraphy Act 1926 (section 3) (Exemption of Apparatus for Mobile Communication Services on Aircraft) Order 2017 (S.I. No. 218 of 2017), art. 6.

E35

Previous affecting provision: power pursuant to subs. (6) exercised and application of section restricted (8.03.2005) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2005 (S.I. No. 128 of 2005), art. 4 and sch. 1; revoked (20.06.2020) by Wireless Telegraphy Act 1926 (section 3) (Exemption of Terminals for Satellite Services) Order 2020 (S.I. No. 226 of 2020), art. 5(5).

E36

Previous affecting provision: power pursuant to subs. (6) exercised (8.03.2005) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2005 (S.I. No. 128 of 2005), art. 4 and sch. 1; revoked (20.06.2020) by Wireless Telegraphy Act 1926 (section 3) (Exemption of Terminals for Satellite Services) Order 2020 (S.I. No. 226 of 2020), art. 5(5).

E37

Previous affecting provision: application of subs. (6) extended (25.07.2003) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 (S.I. No. 306 of 2003), reg. 9(1), in effect as per reg. 1(2); revoked (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011), reg. 28(2)(a).

E38

Previous affecting provision: power pursuant to subs. (6) exercised and application of section restricted (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 4 and sch. 2; revoked (20.06.2020) by Wireless Telegraphy Act 1926 (section 3) (Exemption of Terminals for Satellite Services) Order 2020 (S.I. No. 226 of 2020), art. 5(2).

E39

Previous affecting provision: application of section restricted (5.06.2001) by European Communities (Radio Equipment and Telecommunications Terminal Equipment) Regulations 2001 (S.I. No. 240 of 2001), reg. 20(1); revoked (6.06.2017) by European Union (Radio Equipment) Regulations 2017 (S.I. No. 248 of 2017), reg. 47, subject to transitional provisions in reg. 48.

E40

Previous affecting provision: power pursuant to subs. (6) exercised and application of section restricted (5.09.2000) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Fixed Satellite Receiving Earth Stations) Order 2000 (S.I. No. 273 of 2000), art. 4; revoked (23.06.2020) by Wireless Telegraphy Act 1926 (section 3) (Exemption of Terminals for Satellite Services) Order 2020 (S.I. No. 226 of 2020), art. 5(1).

E41

Previous affecting provision: power pursuant to subs. (6) exercised and application of section restricted (16.06.2000) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Mobile Satellite Earth Stations For Satellite Personal Communication Systems Operating in Bands Below 1 Ghz (S-Pcs<<1 Ghz)) Order 2000 (S.I. No. 173 of 2000), art. 4 and sch.; revoked (25.11.2021) by Wireless Telegraphy Act 1926 (Section 3) Satellite Earth Stations for Satellite Personal Communication Services (Revocation) Order 2021 (S.I. No. 642 of 2021), art. 3(1).

E42

Previous affecting provision: power pursuant to subs. (6) exercised and application of section restricted (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of (ii) Arcanet Suitcase Terminals) Order 1999 (S.I. No. 110 of 1999), art. 4; revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.

E43

Previous affecting provision: power pursuant to subs. (6) exercised and application of section restricted (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Inmarsat Mini-M Terminals For Land Mobile Applications) Order 1999 (S.I. No. 109 of 1999), art. 4; revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.

E44

Previous affecting provision: power pursuant to subs. (6) exercised and application of section restricted (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Dcs 1800 Mobile Terminals) Order 1999 (S.I. No. 107 of 1999), art. 4; revoked (9.06.2021) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 282 of 2021), art. 6(2).

E45

Previous affecting provision: power pursuant to subs. (6) exercised and application of section restricted (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Ems-Mssat Terminals For Land Mobile Applications) Order 1999 (S.I. No. 106 of 1999), art. 4; revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.

E46

Previous affecting provision: power pursuant to subs. (6) exercised and application of section restricted (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Ems-Prodat Terminals For Land Mobile Applications) Order 1999 (S.I. No. 105 of 1999), art. 4; revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.

E47

Previous affecting provision: power pursuant to subs. (6) exercised and application of section restricted (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of (i) Arcanet Suitcase Terminals) Order 1999 (S.I. No. 104 of 1999), art. 4; revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.

E48

Previous affecting provision: power pursuant to subs. (6) exercised and application of section restricted (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Omnitracs Terminals For The Euteltracs System) Order 1999 (S.I. No. 103 of 1999), art. 4; revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.

E49

Previous affecting provision: power pursuant to subs. (6) exercised and application of section restricted (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Inmarsat-M Terminals For Land Mobile Applications) Order 1999 (S.I. No. 102 of 1999), art. 4; revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.

E50

Previous affecting provision: power pursuant to subs. (6) exercised and application of section restricted (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Inmarsat-C Terminals For Land Mobile Applications) Order 1999 (S.I. No. 101 of 1999), art. 4; revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.

E51

Previous affecting provision: power pursuant to subs. (6) exercised and application of section restricted (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Inmarsat-D Terminals For Land Mobile Applications) Order 1999 (S.I. No. 100 of 1999), art. 4; revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.

E52

Previous affecting provision: power pursuant to subs. (6) exercised and application of section restricted (1.10.1997) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Mobile Telephones) Order 1997 (S.I. No. 409 of 1997), art. 4; revoked (9.06.2021) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Customer Premises Equipment and User Equipment) Order 2021 (S.I. No. 282 of 2021), art. 6(1).

E53

Previous affecting provision: subs. (3) substituted (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), s. 12(1)(a), in effect as per s. 21(2); substituted (12.07.2009) as per F-note above.

E54

Previous affecting provision: subs. (3) substituted (3.04.1972) by Wireless Telegraphy Act 1972 (5/1972), s. 11(b), commenced on enactment; substituted (31.12.1988) as per E-note above.

Section 3A

F18[Regulation of local programmes for distribution on cable systems.

3A

3A.F19[]]

Annotations

Amendments:

F18

Inserted (21.12.1976) by Broadcasting Authority (Amendment) Act 1976 (37/1976), s. 17, commenced on enactment.

F19

Repealed (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 3 and sch. 1, commenced on enactment.

Editorial Notes:

E55

The section heading is taken from the amending section in the absence of one included in the amendment.

E56

Previous affecting provision: functions transferred and references to "Minister for Public Enterprise" and "Department of Public Enterprise" construed as Minister for and Department of Marine and Natural Resources (18.06.2002) by Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 300 of 2002), art. 4(1)(a) and sch. part 1, in effect as per art. 1(2); section repealed (12.07.2009) as per F-note above. Note that the name of the Minister for and Department of Marine and Natural Resources changed to:

• the Minister for and Department of Communications, Marine and Natural Resources (19.06.2002) by Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 307 of 2002), arts. 2, 3, 4, in effect as per art. 1(2);

• the Minister for and Department of Communications, Energy and Natural Resources (20.10.2007) by Communications, Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2007 (S.I. No. 706 of 2007), arts. 2, 3, 4, in effect as per art. 1(2);

• the Minister for and Department of Communications, Climate Action and the Environment (23.07.2016) by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016), arts. 2, 3, 4, in effect as per art. 1(2);

• the Minister for and Department of Environment, Climate and Communications (24.09.2020) by Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 373 of 2020), arts. 2, 3, 4, in effect as per art. 1(2).

E57

Previous affecting provision: functions transferred and references to "Minister for Communications" and "Department of Communications" construed as Minister for and Department of Tourism, Transport and Communications (8.02.1991) by Communications (Transfer of Departmental Administration and Ministerial Functions) Order 1991 (S.I. No. 26 of 1991), arts. 3, 4, subject to transitional provisions in arts. 5, 6, 7, 9, in effect as per art. 1(2); superseded (18.06.2002) as per E-note above. Note that the name of the Minister for and Department of Tourism, Transport and Communications changed to:

• the Minister for and Department of Transport, Energy and Communications (22.01.1993) by Tourism, Transport and Communications (Alteration of Name of Department and Title of Minister) Order 1993 (S.I. No. 17 of 1993), arts. 2, 3, 4, in effect as per art. 1(2);

• the Minister for and Department of Public Enterprise (12.07.1997) by Transport, Energy and Communications (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 299 of 1997), arts. 2, 3, 4, in effect as per art. 1(2).

E58

Previous affecting provision: office of Minister for and Department of Posts and Telegraphs abolished, functions transferred and references to "Minister for Posts and Telegraphs" construed as Minister for Communications (2.01.1984) by Ministers and Secretaries (Amendment) Act 1983 (40/1983), s. 3(1), (2), in effect as per s. 3(1); superseded (8.02.1991) as per E-note above.

Section 4

Restrictions on maintenance of signalling stations.

4

4.(1) No person shall maintain a signalling station which is intended to be used or is capable of being used for the purpose of communication with ships at sea save in so far as such maintenance is authorised by a licence granted under this Act and for the time being in force.

(2) No person shall work or use any such signalling station as aforesaid the maintenance of which is not authorised by a licence granted under this Act and for the time being in force nor shall any person work or use any such signalling station in any manner contrary to the licence granted under this Act in respect thereof.

(3) Every person who maintains, works, or uses any such signalling station as aforesaid in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds together with, in the case of a continuing offence, a further fine not exceeding one pound for every day during which the offence continues.

(4) Nothing in this section shall apply to any signalling station maintained under Lloyd's Signal Station Act 1888 or maintained by or under the control of the Minister for Industry and Commerce or the Commissioners of Irish Lights or any person having by law authority over local lighthouses, buoys, and beacons.

Section 5

F20[Grant of licences.

5

5.— (1) The appropriate authority may, subject to this Act and on payment of the prescribed fee (if any) grant to any person a licence to keep and have possession of apparatus for wireless telegraphy in any specified place in the State or to keep and have possession of apparatus for wireless telegraphy in any specified ship or other vessel or aircraft.

(2) Every licence granted under this section shall be in such form, continue in force for such period and be subject to such conditions and restrictions (including conditions as to suspension and revocation) as shall be prescribed in regard to it by regulations made by the appropriate authority under section 6.

(3) Where it appears appropriate to the appropriate authority, it may, in the interests of the efficient and orderly use of wireless telegraphy, limit the number of licences for any particular class or classes of apparatus for wireless telegraphy granted under this section.

(4) This section does not apply to television sets.

(5) For the purposes of this Act and any regulations under section 6, a vehicle is itself deemed to be a place separate and distinct from the premises in which the vehicle is ordinarily kept, and place and specified place shall in this Act and in any such regulations be read accordingly.]

Annotations

Amendments:

F20

Substituted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 182 and sch. 2, commenced on enactment.

Modifications (not altering text):

C10

Application of section restricted (9.09.2022) by European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022), reg. 9(1), in effect as per reg. 1(2).

Conditions attached to rights of use for radio spectrum

9. (1) Notwithstanding section 5 of the Act of 1926 but subject to any regulations made under section 6 of that Act, where the Regulator specifies conditions to be attached to rights of use for radio spectrum, it may only attach such conditions as are listed in Part D of Schedule 1. The Regulator may specify that certain conditions do not apply to undertakings of such class or type as may be determined by the Regulator from time to time.

...

C11

Application of section restricted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 143(3), (4), commenced on enactment.

Grant of television licences.

143.— ...

(3) On the passing of this Act section 5 of the Act of 1926 does not apply to television sets.

(4) All licences for the keeping and possession of a television set (within the meaning of section 1 of the Act of 1972) which were granted under section 5 of the Act of 1926 and are in force on the passing of this Act continue in force for the remainder of their period of validity and are deemed to have been granted under this section and this Part applies to all such licences accordingly.

Editorial Notes:

E59

Power pursuant to section exercised (1.01.2008) by Television Licences Regulations 2007 (S.I. No. 851 of 2007), in effect as per reg. 1(2).

E60

Previous affecting provision: application of section restricted (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011), reg. 10(1); revoked by European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022), reg. 116(c) as inserted (6.06.2023) by European Union (Electronic Communications Code) (Amendment) Regulations 2023 (S.I. No. 300 of 2023), reg. 2(f).

E61

Previous affecting provision: subss. (1), (2) amended and subs. (1B) substituted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), ss. 4(2) and sch. 1 part 1 items 4(a), (b), (c), 11, S.I. No. 224 of 2007, subject to transitional provisions in s. 4(4) and sch. 3; section substituted (12.07.2009) as per F-note above.

E62

Previous affecting provision: application of section restricted (25.07.2003) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 (S.I. No. 306 of 2003), reg. 10(1), in effect as per reg. 1(2); revoked (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011), reg. 28(2)(a), subject to transitional provisions in reg. 27.

E63

Previous affecting provision: subs. (1A) inserted (12.04.1960) by Broadcasting Authority Act 1960 (10/1960), s. 34(d) and sch. 3 part 1, commenced on enactment, renumbered as subs. (1B) (8.03.1966) by Broadcasting Authority (Amendment) Act 1966 (7/1966), s. 7(1), commenced on enactment; section substituted (12.07.2009) as per F-note above.

E64

Previous affecting provision: subs. (1A) inserted retrospectively (24.12.1926) by Wireless Telegraphy Act 1956 (4/1956), s. 2, in effect as per s. 3; section substituted (12.07.2009) as per F-note above.

Section 6

F21[Regulations in regard to licences.

6

6.— (1) The appropriate authority may make regulations prescribing in relation to all licences granted by it under section 5 or any particular class or classes of such licences all or any of the matters following that is to say—

(a) the form of such licences,

(b) the period during which such licences continue in force,

(c) the manner in which, the terms on which, and the period or periods for which such licences may be renewed,

(d) the circumstances in which or the terms under which such licences are granted,

(e) the circumstances and manner in which such licences may be suspended or revoked by that authority,

(f) the terms and conditions to be observed by the holders of such licences and subject to which such licences are deemed to be granted,

(g) the fees to be paid on the application, grant or renewal of such licences or classes of such licences, subject to such exceptions as the appropriate authority may prescribe, and the time and manner at and in which such fees are to be paid,

(h) matters which such licences do not entitle or authorise the holder to do.

(2) Regulations made under this section may authorise and provide for the granting of a licence under section 5 subject to special terms, conditions, and restrictions to any person who satisfies the appropriate authority that the person requires the licence solely for the purpose of conducting experiments in wireless telegraphy.

(3) If it appears to be expedient to the appropriate authority to do so it may by instrument in writing recognise as valid a licence issued by another country or state in respect of a class or classes of apparatus for wireless telegraphy subject to such conditions or restrictions as to the use of such apparatus as that authority sees fit.

(4) (a) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made.

(b) Either House of the Oireachtas may, within 21 sitting days after the day on which a regulation was laid before it in accordance with paragraph (a), pass a resolution annulling the regulation.

(c) The annulment under paragraph (b) of a regulation takes effect immediately on the passing of the resolution concerned, but does not affect anything that was done under it before the passing of the resolution.]

Annotations

Amendments:

F21

Substituted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 182 and sch. 2, commenced on enactment.

Modifications (not altering text):

C12

Application of section restricted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 144(4), commenced on enactment.

Regulations in regard to television licences

144.—...

(4) On the passing of this Act section 6 of the Act of 1926 does not apply in relation to television licences and any regulations made under that section before such passing and which are in force on such passing in relation to television licences continue as if made under this section.

C13

Application of section restricted (27.04.2002) by Communications Regulation Act 2002 (20/2002), s. 37, commenced on enactment.

Regulations relating to wireless telegraphy.

37.—Regulations shall not be made by the Commission under section 6 of the Wireless Telegraphy Act 1926, other than with the consent of the Minister.

Editorial Notes:

E65

Power pursuant to subs. (1) exercised (29.07.2024) by Wireless Telegraphy (Liberalised Use and Preparatory Licences in the 800 Mhz, 900 Mhz and 1800 Mhz Bands) (Amendment) Regulations 2024 (S.I. No. 380 of 2024).

E66

Power pursuant to subs. (1) exercised (31.05.2024) by Wireless Telegraphy (Telemetry Licence) Regulations 2024 (S.I. No. 266 of 2024).

E67

Power pursuant to subs. (1) exercised (12.03.2024) by Wireless Telegraphy (Satellite Earth Station Licence) Regulations 2024 (S.I. No. 96 of 2024).

E68

Power pursuant to subs. (1) exercised (29.11.2023) by Wireless Telegraphy (Liberalised Use and Related Licences in the 700 MHz Duplex, 2.1 GHz, 2.3 GHz and 2.6 GHz Bands) (Amendment No. 2) Regulations 2023 (S.I. No. 594 of 2023).

E69

Power pursuant to subs. (1) exercised (29.11.2023) by Wireless Telegraphy (Fixed Radio Link Licence) Regulations 2023 (S.I. No. 593 of 2023).

E70

Power pursuant to subs. (1) exercised (27.09.2022) by Wireless Telegraphy (Liberalised Use And Related Licences In The 700 Mhz Duplex, 2.1 Ghz, 2.3 Ghz And 2.6 Ghz Bands) (Amendment) Regulations 2022 (S.I. No. 483 of 2022).

E71

Power pursuant to subs. (1) exercised (26.09.2022) by Wireless Telegraphy (Short-Term Electronic Communications Services Licences) Regulations 2022 (S.I. No. 484 of 2022).

E72

Power pursuant to subs. (1) exercised (28.03.2022) by Wireless Telegraphy (Further Temporary Electronic Communications Services Licences) (No. 4) Regulations 2022 (S.I. No. 138 of 2022).

E73

Power pursuant to subs. (1) exercised (30.09.2021) by Wireless Telegraphy (Further Temporary Electronic Communications Services Licences) (No. 3) Regulations 2021 (S.I. No. 501 of 2021).

E74

Power pursuant to subs. (1) exercised (28.05.2021) by Wireless Telegraphy (Third Generation and GSM Licence (Amendment) and Interim Licensing) Regulations 2021 (S.I. No. 265 of 2021).

E75

Power pursuant to subs. (1) exercised (28.05.2021) by Wireless Telegraphy (Liberalised Use and Related Licences in the 700 MHz Duplex, 2.1 GHz, 2.3 GHz and 2.6 GHz Bands) Regulations 2021 (S.I. No. 264 of 2021).

E76

Power pursuant to subs. (1) exercised (25.03.2021) by Wireless Telegraphy (Further Temporary Electronic Communications Services Licences) (No. 2) Regulations 2021 (S.I. No. 137 of 2021).

E77

Power pursuant to subs. (1) exercised (2.10.2020) by Wireless Telegraphy (Further Temporary Electronic Communications Services Licences) Regulations 2020 (S.I. No. 407 of 2020).

E78

Power pursuant to subs. (1) exercised (8.04.2020) by Wireless Telegraphy (Temporary Electronic Communications Services Licences) Regulations 2020 (S.I. No. 122 of 2020).

E79

Power pursuant to subs. (1) exercised (30.09.2019) by Wireless Telegraphy (400 Mhz Band Licences) Regulations 2019 (S.I. No. 489 of 2019).

E80

Power pursuant to subs. (1) exercised (8.05.2019) by Wireless Telegraphy (Public Service Television And Sound Broadcasting Licences) Regulations 2019 (S.I. No. 197 of 2019).

E81

Power pursuant to subs. (1) exercised (20.07.2018) by Wireless Telegraphy (Mobile Satellite Service and Complementary Ground Component) Regulations 2018 (S.I. No. 282 of 2018).

E82

Power pursuant to subs. (1) exercised (14.05.2017) by Wireless Telegraphy (National Point to Point Block Licences) Regulations 2018 (S.I. No. 158 of 2018).

E83

Power pursuant to section exercised (18.10.2016) by Wireless Telegraphy (3.6 GHz Band Licences) Regulations 2016 (S.I. No. 532 of 2016).

E84

Power pursuant to section exercised (8.12.2014) by Wireless Telegraphy (Interim GSM Mobile Telephony Licence) Regulations 2014 (S.I. No. 554 of 2014).

E85

Power pursuant to subs. (1) exercised (29.01.2014) by Wireless Telegraphy (Transfer of Spectrum Rights of Use) Regulations 2014 (S.I. No. 34 of 2014).

E86

Power pursuant to section exercised (23.12.2013) by Wireless Telegraphy (1800 MHz and Preparatory Licences in the 1800 MHz Band) Regulations 2013 (S.I. No. 563 of 2013).

E87

Power pursuant to subs. (1) exercised (20.06.2013) by Wireless Telegraphy (GSM for Railway Licence) Regulations 2013. (S.I. No. 213 of 2013).

E88

Power pursuant to section exercised (25.01.2013) by Wireless Telegraphy (Interim GSM Mobile Telephony Licence) (Amendment) Regulations 2013 (S.I. No. 19 of 2013).

E89

Power pursuant to section exercised (13.07.2012) by Wireless Telegraphy (Liberalised Use and Preparatory Licences in the 800 MHz, 900 MHz and 1800 MHz bands) Regulations 2012 (S.I. No. 251 of 2012).

E90

Power pursuant to section exercised (20.04.2011) by Wireless Telegraphy (Interim GSM Mobile Telephony Licence) Regulations 2011 (S.I. No. 189 of 2011).

E91

Power pursuant to section exercised (1.01.2010) by Wireless Telegraphy (Uhf Television Programme Retransmission) Regulations 2009 (S.I. No. 445 of 2009), in effect as per reg. 1(2).

E92

Power pursuant to section exercised (1.12.2009) by Wireless Telegraphy (Radiodetermination, Air Traffic and Maritime Services) Regulations 2009 (S.I. No. 369 of 2009), in effect as per reg. 1(2).

E93

Power pursuant to section exercised (1.06.2009) by Wireless Telegraphy (Aircraft Station Licence) Regulations 2009 (S.I. No. 193 of 2009), in effect as per reg. 1(2).

E94

Power pursuant to section exercised (1.06.2009) by Wireless Telegraphy (Amateur Station Licence) Regulations 2009 (S.I. No. 192 of 2009), in effect as per reg. 1(2).

E95

Power pursuant to subs. (1) exercised (15.08.2008) by Wireless Telegraphy (Use of the Band 380-400Mhz By Emergency Services) Regulations 2008 (S.I. No. 324 of 2008).

E96

Power pursuant to subs. (1) exercised (1.01.2008) by Television Licences Regulations 2007 (S.I. No. 851 of 2007), in effect as per reg. 1(2).

E97

Power pursuant to subs. (1) exercised (25.04.2007) by Wireless Telegraphy (1785-1805 MHz Wireless Access Platform for Electronic Communications Services) Regulations 2007 (S.I. No. 172 of 2007), in effect as per reg. 1(2).

E98

Power pursuant to subs. (1) exercised (1.01.2007) by Wireless Telegraphy (Uhf Television Programme Retransmission) Regulations 2006 (S.I. No. 645 of 2006), in effect as per reg. 1(2).

E99

Power pursuant to subs. (1) exercised (1.09.2006) by Wireless Telegraphy (Ship Station Radio Licence) Regulations 2006 (S.I. No. 414 of 2006), in effect as per reg. 1(2).

E100

Power pursuant to subs. (1) exercised (30.06.2006) by Wireless Telegraphy (Wireless Public Address System) Regulations 2006 (S.I. No. 304 of 2006), in effect as per reg. 1(2).

E101

Power pursuant to subs. (1) exercised (1.11.2005) by Wireless Telegraphy (Third Party Business Radio Licence) Regulations 2005 (S.I. No. 646 of 2005), in effect as per reg. 1(2).

E102

Power pursuant to subs. (1) exercised (12.10.2005) by  Wireless Telegraphy (Wideband Digital Mobile Data Services) Regulations 2005 (S.I. No. 642 of 2005).

E103

Power pursuant to subs. (1) exercised (1.03.2005) by Wireless Telegraphy (Third Party Trial Licence) Regulations 2005 (S.I. No. 114 of 2005), in effect as per reg. 1(2).

E104

Power pursuant to subs. (1) exercised (1.03.2005) by Wireless Telegraphy (Research and Development Licence) Regulations 2005 (S.I. No. 113 of 2005), in effect as per reg. 1(2).

E105

Power pursuant to subs. (1) exercised (28.07.2004) by Television Licences (Free Licences) Regulations 2004 (S.I. No. 496 of 2004).

E106

Power pursuant to subs. (1) exercised (15.12.2003) by Wireless Telegraphy (Uhf Television Programme Retransmission) Regulations 2003 (S.I. No. 675 of 2003).

E107

Power pursuant to subs. (1) exercised (1.11.2003) by Wireless Telegraphy (Fixed Wireless Access Local Area Licence) (Amendment) Regulations 2003 (S.I. No. 530 of 2003), in effect as per reg. 3.

E108

Power pursuant to subs. (1) exercised (6.11.2003) by Wireless Telegraphy (Multipoint Microwave Distribution System) Regulations 2003 (S.I. No. 529 of 2003).

E109

Power pursuant to subs. (1) exercised (29.10.2003) by Wireless Telegraphy (Uhf Television Programme Retransmission) (Amendment) Regulations 2003 (S.I. No. 507 of 2003).

E110

Power pursuant to subs. (1) exercised (29.10.2003) by Wireless Telegraphy (Carrigaline Uhf Television Programme Retransmission) (Amendment) Regulations 2003 (S.I. No. 506 of 2003).

E111

Power pursuant to subs. (1) exercised (25.07.2003) by Wireless Telegraphy (Third Generation and Gsm Mobile Telephony Licence) (Amendment) Regulations 2003 (S.I. No. 340 of 2003), in effect as per reg. 3.

E112

Power pursuant to subs. (1) exercised (25.07.2003) by Wireless Telegraphy (Gsm Mobile Telephony Licence) (Amendment) Regulations 2003 (S.I. No. 339 of 2003), in effect as per reg. 3.

E113

Power pursuant to subs. (1) exercised (25.07.2003) by Wireless Telegraphy (Fixed Wireless Point To Multi-Point Access Licence) (Amendment) (No. 2) Regulations 2003 (S.I. No. 338 of 2003), in effect as per reg. 1(3).

E114

Power pursuant to subs. (1) exercised (undated) by Wireless Telegraphy (Fixed Wireless Access Local Area Licence) Regulations 2003 (S.I. No. 79 of 2003).

E115

Power pursuant to subs. (1) exercised (30.09.2002) by Wireless Telegraphy (Fixed Wireless Point To Multi-Point Access Licence) (Amendment) Regulations 2002 (S.I. No. 467 of 2002).

E116

Power pursuant to subs. (1) exercised (28.08.2002) by Wireless Telegraphy (Mobile Radio Systems) Regulations 2002 (S.I. No. 435 of 2002).

E117

Power pursuant to subs. (1) exercised (undated) by Wireless Telegraphy (Third Generation and Gsm Mobile Telephony Licence) Regulations 2002 (S.I. No. 345 of 2002).

E118

Power pursuant to subs. (1) exercised (2.05.2001) by Wireless Telegraphy (Uhf Television Programme Retransmission) (Amendment) Regulations 2001 (S.I. No. 190 of 2001).

E119

Power pursuant to subs. (1) exercised (20.05.2001) by Wireless Telegraphy (Carrigaline Uhf Television Programme Retransmission) (Amendment) Regulations 2001 (S.I. No. 189 of 2001).

E120

Power pursuant to subs. (1) exercised (23.12.1999) by Wireless Telegraphy (Gsm and Tacs Mobile Telephony Licence) Regulations 1999 (S.I. No. 442 of 1999).

E121

Power pursuant to subs. (1) exercised (8.11.1999) by Wireless Telegraphy (Uhf Television Programme Retransmission) Regulations 1999 (S.I. No. 348 of 1999).

E122

Power pursuant to subs. (1) exercised (8.11.1999) by Wireless Telegraphy (Carrigaline Uhf Television Programme Retransmission) Regulations 1999 (S.I. No. 347 of 1999).

E123

Power pursuant to subs. (1) exercised (10.09.1999) by Wireless Telegraphy (Fixed Wireless Point To Multi-Point Access Licence) Regulations 1999 (S.I. No. 287 of 1999).

E124

Power pursuant to subs. (1) exercised (21.11.1997) by Wireless Telegraphy (GSM and TACS Mobile Telephony Licence) Regulations 1997 (S.I. No. 468 of 1997).

E125

Power pursuant to subs. (1) exercised (1.05.1992) by Wireless Telegraphy (Business Radio Licence) (Amendment) Regulations 1992 (S.I. No. 114 of 1992), in effect as per reg. 1(3).

E126

Power pursuant to subs. (1) exercised (3.10.1991) by Wireless Telegraphy (Television Programme Retransmission and Relay) Regulations 1991 (S.I. No. 252 of 1991), in effect as per reg. 1(2).

E127

Power pursuant to subs. (1) exercised (1.04.1989) by Wireless Telegraphy (Television Programme Retransmission) Regulations 1989 (S.I. No. 39 of 1989), in effect as per reg. 1(2).

E128

Sum due in respect of fee prescribed under section is recoverable as a simple contract debt as provided (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), commenced as per s. 21(2).

E129

Power pursuant to subs. (1) exercised (15.05.1988) by Wireless Telegraphy (Community Repeater Licence) Regulations 1988 (S.I. No. 83 of 1988), in effect as per reg. 1(2).

E130

Power pursuant to subs. (1) exercised (5.05.1988) by Wireless Telegraphy (Wired Broadcast Relay Licence) (Amendment) Regulations 1988 (S.I. No. 82 of 1988), in effect as per reg. 1(2).

E131

Power pursuant to subs. (1) exercised (1.04.1986) by Wireless Telegraphy (Business Radio Licence) (Amendment) Regulations 1986 (S.I. No. 75 of 1986), in effect as per reg. 1(3).

E132

Power pursuant to subs. (1) exercised (1.04.1985) by Wireless Telegraphy (Business Radio Licence) (Amendment) Regulations 1985 (S.I. No. 84 of 1985), in effect as per reg. 1(3).

E133

Power pursuant to subs. (1) exercised (1.04.1983) by Wireless Telegraphy (Business Radio Licence) (Amendment) Regulations 1983 (S.I. No. 88 of 1983), in effect as per reg. 1(3).

E134

Power pursuant to subs. (1) exercised (1.04.1982) by Wireless Telegraphy (Business Radio Licence) (Amendment) Regulations 1982 (S.I. No. 73 of 1982), in effect as per reg. 1(3).

E135

Power pursuant to subs. (1) exercised (25.01.1982) by Wireless Telegraphy (Personal Radio Licence) Regulations 1982 (S.I. No. 8 of 1982), in effect as per reg. 2.

E136

Power pursuant to subs. (1) exercised (1.04.1981) by Wireless Telegraphy (Business Radio Licence) (Amendment) Regulations 1981 (S.I. No. 114 of 1981), in effect as per reg. 1(3).

E137

Power pursuant to subs. (1) exercised (1.07.1980) by Wireless Telegraphy (Business Radio Licence (Amendment) Regulations 1980 (S.I. No. 193 of 1980), in effect as per reg. 1(3).

E138

Power pursuant to subs. (1) exercised (1.10.1957) by Wireless Telegraphy Act 1926. Wireless Telegraphy (Business Radio Licence) Regulations 1957 (S.I. No. 181 of 1957), in effect as per reg. 1(2).

E139

Power pursuant to subs. (1) exercised (1.02.1956) by Wireless Telegraphy Act 1926. Wireless Telegraphy (Business Radio Licence) Regulations 1956 (S.I. No. 2 of 1956), in effect as per reg. 1.

E140

Power pursuant to subs. (1) exercised (22.11.1949) by Wireless Telegraphy (Business Radio Licence) Regulations 1949 (S.I. No. 320 of 1949).

E141

Power pursuant to subs. (1) exercised (1.10.1934) by Regulations in regard to Wireless Receiving Licences 1927 (Amendment) Regulations 1934 (S.I. No. 249 of 1934), in effect as per reg. 4.

E142

Power pursuant to section exercised (1.07.1927) by Regulations in regard to Wireless Receiving Licences (No. 2) 1927 (S.I. No. 54 of 1927), in effect as per reg. 5.

E143

Power pursuant to subs. (1) exercised (3.01.1927) by Regulations in regard to Wireless Receiving Licences 1927 (S.I. No. 1 of 1927).

E144

Previous affecting provision: power pursuant to subs. (1) exercised (30.05.2014) by Wireless Telegraphy (Licensing of Telemetry Systems) Regulations 2014 (S.I. No. 240 of 2014); revoked (31.05.2024) by Wireless Telegraphy (Telemetry Licence) Regulations 2024 (S.I. No. 266 of 2024), reg. 10(1), subject to transitional provisions in reg. 10(2).

E145

Previous affecting provision: power pursuant to subs. (1) exercised (20.06.2013) by Wireless Telegraphy (Broadband Wireless Access Local Area Licence) Regulations 2013 (S.I. No. 214 of 2013); ceased (31.07.2017) as per reg. 1(2).

E146

Previous affecting provision: application of section restricted (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011), reg. 16(17); revoked (6.06.2023) by European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022), reg. 116(c) as inserted by European Union (Electronic Communications Code) (Amendment) Regulations 2023 (S.I. No. 300 of 2023), reg. 2(f).

E147

Previous affecting provision: power pursuant to section exercised (1.12.2009) by Wireless Telegraphy (Radio Link Licence) Regulations 2009 (S.I. No. 370 of 2009), in effect as per reg. 1(2); revoked (29.11.2023) by Wireless Telegraphy (Fixed Radio Link Licence) Regulations 2023 (S.I. No. 593 of 2023), reg. 11(1), subject to transitional provisions in reg. 11(2).

E148

Previous affecting provision: power pursuant to section exercised (12.03.2009) by Broadcasting Amendment Act 2007 Digital Sound Broadcasting Licence Fees Regulations 2009 (S.I. No. 80 of 2009); revoked (8.05.2019) by Wireless Telegraphy (Public Service Television And Sound Broadcasting Licences) Regulations 2019 (S.I. No. 197 of 2019), reg. 13(c).

E149

Previous affecting provision: power pursuant to subs. (6) exercised (25.08.2008) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Low Power Earth Stations on Board Vessels) Order 2008 (S.I. No. 343 of 2008), art. 3 and sch.; revoked (23.06.2020) by Wireless Telegraphy Act 1926 (section 3) (Exemption of Terminals for Satellite Services) Order 2020 (S.I. No. 226 of 2020), art. 5(6).

E150

Previous affecting provision: power pursuant to subs. (1) exercised (19.06.2008) by Wireless Telegraphy (Digital Terrestrial Television Licence) Regulations 2008 (S.I. No. 198 of 2008); revoked (8.05.2019) by Wireless Telegraphy (Public Service Television And Sound Broadcasting Licences) Regulations 2019 (S.I. No. 197 of 2019), reg. 13(b).

E151

Previous affecting provision: power pursuant to subs. (1) exercised (1.01.2008) by Wireless Telegraphy (Fixed Satellite Earth Stations and Teleport Facility) Regulations 2007 (S.I. No. 295 of 2007), in effect as per reg. 1(2); revoked (12.03.2024) by Wireless Telegraphy (Satellite Earth Station Licence) Regulations 2024 (S.I. No. 96 of 2024), reg. 10(1), subject to transitional provisions in reg. 10(2).

E152

Previous affecting provision: power pursuant to subs. (1) exercised (7.12.2007) by Broadcasting Amendment Act (Digital Terrestrial Television Licence Fees) Regulations 2007 (S.I. No. 796 of 2007); revoked (8.05.2019) by Wireless Telegraphy (Public Service Television And Sound Broadcasting Licences) Regulations 2019 (S.I. No. 197 of 2019), reg. 13(a).

E153

Previous affecting provision: power pursuant to subs. (1) exercised (1.12.2007) by Wireless Telegraphy (National Point-to-Point and Point-to-Multipoint Block Licences) Regulations 2007 (S.I. No. 762 of 2007), in effect as per reg. 1(2); revoked (14.05.2018) by Wireless Telegraphy (National Point to Point Block Licences) Regulations 2018 (S.I. No. 158 of 2018), reg. 10.

E154

Previous affecting provision: subss. (1), (1)(d), (g), (2) and (2A) amended (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 1 item 5(a), (b),(c), (d), (e), S.I. No. 224 of 2007; section substituted (12.07.2009) as per F-note above, subject to transitional provisions in s. 4(4) and sch. 3.

E155

Previous affecting provision: power pursuant to subs. (1) exercised (1.10.2006) by Television Licences Regulations 2006 (S.I. No. 404 of 2006), in effect as per reg. 1(2); revoked (1.01.2008) by Television Licences Regulations 2007 (S.I. No. 851 of 2007), reg. 12, in effect as per reg. 1(2).

E156

Previous affecting provision: power pursuant to subs. (1) exercised (3.07.2006) by Wireless Telegraphy (National Point-to-Point and Point-to-Multipoint Block Licences) Regulations 2006 (S.I. No. 296 of 2006), in effect as per reg. 1(2); revoked (1.12.2007) by Wireless Telegraphy (National Point-to-Point and Point-to-Multipoint Block Licences) Regulations 2007 (S.I. No. 762 of 2007), reg. 11, in effect as per reg. 1(2).

E157

Previous affecting provision: power pursuant to subs. (1) exercised (1.04.2005) byTelevision Licences Regulations 2005 (S.I. No. 165 of 2005), in effect as per reg. 1(2); revoked (1.10.2006) by Television Licences Regulations 2006 (S.I. No. 404 of 2006), reg. 14, in effect as per reg. 1(2).

E158

Previous affecting provision: power pursuant to subs. (1) exercised (13.01.2004) by Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Low Power Aircraft Earth Stations) Order 2004 (S.I. No. 7 of 2004); revoked (23.06.2020) by Wireless Telegraphy Act 1926 (section 3) (Exemption of Terminals for Satellite Services) Order 2020 (S.I. No. 226 of 2020), art. 5(4).

E159

Previous affecting provision: power pursuant to subs. (1) exercised (1.01.2004) by Television Licences Regulations 2003 (S.I. No. 720 of 2003), in effect as per reg. 1(2); revoked (1.04.2004) by Television Licences Regulations 2005 (S.I. No. 165 of 2005), reg. 14, in effect as per reg. 1(2).

E160

Previous affecting provision: power pursuant to subs. (1) exercised (29.10.2003) by Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Certain Classes of Fixed Satellite Earth Stations) Order 2003 (S.I. No. 505 of 2003); revoked (23.06.2020) by Wireless Telegraphy Act 1926 (section 3) (Exemption of Terminals for Satellite Services) Order 2020 (S.I. No. 226 of 2020), art. 5(3).

E161

Previous affecting provision: application of section restricted (25.07.2003) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 (S.I. No. 306 of 2003), reg. 16(14), in effect as per reg. 1(2); revoked (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011), reg. 28(2)(a), subject to transitional provisions in reg. 27.

E162

Previous affecting provision: power pursuant to subs. (1) exercised (24.04.2003) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Mobile Telephones) (Amendment) Order 2003 (S.I. No. 158 of 2003); revoked (9.07.2021) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Customer Premises Equipment and User Equipment) Order 2021 (S.I. No. 282 of 2021), art. 6(3).

E163

Previous affecting provision: power pursuant to subs. (1) exercised (1.01.2003) by Television Licences Regulations 2002 (S.I. No. 608 of 2002), in effect as per reg. 1(2); revoked (1.01.2004) by Television Licences Regulations 2003 (S.I. No. 720 of 2003), reg. 14, in effect as per reg. 1(2).

E164

Previous affecting provision: power pursuant to subs. (1) exercised (10.09.2002) by Wireless Telegraphy (Experimenter's Licence) Regulations 2002 (S.I. No. 450 of 2002); revoked (1.06.2009) by Wireless Telegraphy (Amateur Station Licence) Regulations 2009 (S.I. No. 192 of 2009), reg. 10(1), in effect as per reg. 1(2), subject to transitional provisions in reg. 10(2).

E165

Previous affecting provision: power pursuant to subs. (1) exercised (1.09.2001) by Broadcasting (Receiving Licences) (Amendment) (No. 2) Regulations 2001 (S.I. No. 396 of 2001), in effect as per reg. 1(3); revoked (1.01.2003) by Television Licences Regulations 2002 (S.I. No. 608 of 2002), reg. 15(p), in effect as per reg. 1(2), subject to transitional provisions in reg. 14.

E166

Previous affecting provision: power pursuant to subs. (1) exercised (1.09.2001) by Broadcasting (Receiving Licences) (Amendment) Regulations 2001 (S.I. No. 349 of 2001), in effect as per reg. 1(3); revoked (1.09.2001) by Broadcasting (Receiving Licences) (Amendment) (No. 2) Regulations 2001 (S.I. No. 396 of 2001), reg. 10, in effect as per reg. 1(3).

E167

Previous affecting provision: power pursuant to subs. (1) exercised (1.02.2001) by Wireless Telegraphy (Teleport Facility) Regulations 2001 (S.I. No. 18 of 2001), in effect as per reg. 1(2); revoked (1.01.2008) by Wireless Telegraphy (Fixed Satellite Earth Stations and Teleport Facility) Regulations 2007 (S.I. No. 295 of 2007), reg. 9(1), in effect as per reg. 1(2), subject to transitional provisions in reg. 9(2).

E168

Previous affecting provision: power pursuant to subs. (1) exercised (1.09.2000) by Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations 2000 (S.I. No. 261 of 2000), in effect as per reg. 1(2); revoked (1.01.2008) by Wireless Telegraphy (Fixed Satellite Earth Stations and Teleport Facility) Regulations 2007 (S.I. No. 295 of 2007), reg. 9(1), in effect as per reg. 1(2).

E169

Previous affecting provision: power pursuant to subs. (1) exercised (25.03.1999) by Wireless Telegraphy (Programme Services Distribution) Regulations 1999 (S.I. No. 73 of 1999); revoked (6.11.2003) by Wireless Telegraphy (Multipoint Microwave Distribution System) Regulations 2003 (S.I. No. 529 of 2003), reg. 21(1), subject to transitional provisions in reg. 20.

E170

Previous affecting provision: application of section restricted (30.06.1997) by Telecommunications (Miscellaneous Provisions) Act 1996 (34/1996), s. 4(8), S.I. No. 110 of 1997; section repealed (27.04.2002) by Communications Regulation Act 2002 (20/2002), s. 38, commenced on enactment.

E171

Previous affecting provision: subs. (3) repealed except as regards licences in respect of television sets (30.06.1997) by Telecommunications (Miscellaneous Provisions) Act 1996 (34/1996), s. 14(1) and sch. 3 part 1, S.I. No. 110 of 1997; section substituted (12.07.2009) as per F-note above.

E172

Previous affecting provision: power pursuant to subs. (1) exercised (1.09.1996) by Broadcasting (Receiving Licences) (Amendment) Regulations 1996 (S.I. No. 249 of 1996), in effect as per reg. 1(3); revoked (1.01.2003) by Television Licences Regulations 2002 (S.I. No. 608 of 2002), reg. 15(o), in effect as per reg. 1(2), subject to transitional provisions in reg. 14.

E173

Previous affecting provision: power pursuant to subs. (1) exercised (1.01.1993) by Wireless Telegraphy Act 1926. Wireless Telegraphy (Radio Link Licence) Regulations 1992 (S.I. No. 319 of 1992), in effect as per reg. 1(2); revoked (1.12.2009) by Wireless Telegraphy (Radio Link Licence) Regulations 2009 (S.I. No. 370 of 2009), reg. 10(1), in effect as per reg. 1(2), subject to transitional provisions in reg. 10(2).

E174

Previous affecting provision: power pursuant to subs. (1) exercised (1.06.1992) by Wireless Telegraphy (Experimenter's Licence) (Amendment) Regulations 1992 (S.I. No. 132 of 1992), in effect as per reg. 2; revoked (10.09.2002) by Wireless Telegraphy (Experimenter's Licence) Regulations 2002 (S.I. No. 450 of 2002), reg. 2.

E175

Previous affecting provision: subs. (2A) inserted (12.07.1990) by Broadcasting Act 1990 (24/1990), s. 17(2), commenced on enactment; section substituted (12.07.2009) as per F-note above.

E176

Previous affecting provision: power pursuant to subs. (1) exercised (1.04.1986) by Wireless Telegraphy (Experimenter's Licence) (Amendment) Regulations 1986 (S.I. No. 74 of 1986), in effect as per reg. 3; revoked (10.09.2002) by Wireless Telegraphy (Experimenter's Licence) Regulations 2002 (S.I. No. 450 of 2002), reg. 2.

E177

Previous affecting provision: power pursuant to subs. (1) exercised (1.03.1986) by Broadcasting (Receiving Licences) (Amendment) Regulations 1986 (S.I. No. 37 of 1986), in effect as per reg. 1(3); revoked (1.01.2003) by Television Licences Regulations 2002 (S.I. No. 608 of 2002), reg. 15(n), in effect as per reg. 1(2), subject to transitional provisions in reg. 14.

E178

Previous affecting provision: power pursuant to subs. (1) exercised (1.04.1985) by Wireless Telegraphy (Experimenter's Licence) (Amendment) Regulations 1985 (S.I. No. 85 of 1985), in effect as per reg. 1(3); revoked (10.09.2002) by Wireless Telegraphy (Experimenter's Licence) Regulations 2002 (S.I. No. 450 of 2002), reg. 2.

E179

Previous affecting provision: power pursuant to subs. (1) exercised (1.11.1984) by Broadcasting (Receiving Licences) (Amendment) Regulations 1984 (S.I. No. 248 of 1984), in effect as per reg. 1(3); revoked (1.01.2003) by Television Licences Regulations 2002 (S.I. No. 608 of 2002), reg. 15(m), in effect as per reg. 1(2), subject to transitional provisions in reg. 14.

E180

Previous affecting provision: power pursuant to subs. (1) exercised (1.04.1983) by Wireless Telegraphy (Experimenter's Licence) (Amendment) Regulations 1983 (S.I. No. 87 of 1983), in effect as per reg. 1(3); revoked (10.09.2002) by Wireless Telegraphy (Experimenter's Licence) Regulations 2002 (S.I. No. 450 of 2002), reg. 2.

E181

Previous affecting provision: power pursuant to subs. (1) exercised (1.04.1983) by Broadcasting (Receiving Licences) (Amendment) Regulations 1983 (S.I. No. 83 of 1983), in effect as per reg. 1(3); revoked (1.01.2003) by Television Licences Regulations 2002 (S.I. No. 608 of 2002), reg. 15(l), in effect as per reg. 1(2), subject to transitional provisions in reg. 14.

E182

Previous affecting provision: power pursuant to subs. (1) exercised (1.04.1982) by Wireless Telegraphy (Experimenter's Licence) (Amendment) Regulations 1982 (S.I. No. 74 of 1982), in effect as per reg. 1(3); revoked (10.09.2002) by Wireless Telegraphy (Experimenter's Licence) Regulations 2002 (S.I. No. 450 of 2002), reg. 2.

E183

Previous affecting provision: power pursuant to subs. (1) exercised (1.04.1981) by Wireless Telegraphy (Experimenter's Licence) (Amendment) Regulations 1981 (S.I. No. 115 of 1981), in effect as per reg. 1(3); revoked (10.09.2002) by Wireless Telegraphy (Experimenter's Licence) Regulations 2002 (S.I. No. 450 of 2002), reg. 2.

E184

Previous affecting provision: power pursuant to subs. (1) exercised (1.12.1980) by Broadcasting (Receiving Licences) (Amendment) Regulations 1980 (S.I. No. 359 of 1980), in effect as per reg. 1(3); revoked (1.01.2003) by Television Licences Regulations 2002 (S.I. No. 608 of 2002), reg. 15(k), in effect as per reg. 1(2), subject to transitional provisions in reg. 14.

E185

Previous affecting provision: power pursuant to subs. (1) exercised (1.07.1980) by Wireless Telegraphy (Experimenter's Licence) (Amendment) Regulations 1980 (S.I. No. 194 of 1980), in effect as per reg. 1(3); revoked (10.09.2002) by Wireless Telegraphy (Experimenter's Licence) Regulations 2002 (S.I. No. 450 of 2002), reg. 2.

E186

Previous affecting provision: power pursuant to subs. (1) exercised (1.12.1978) by Broadcasting (Receiving Licences) (Amendment) Regulations 1978 (S.I. No. 319 of 1978), in effect as per reg. 1(3); revoked (1.01.2003) by Television Licences Regulations 2002 (S.I. No. 608 of 2002), reg. 15(j), in effect as per reg. 1(2), subject to transitional provisions in reg. 14.

E187

Previous affecting provision: power pursuant to subs. (1) exercised (1.04.1977) by Broadcasting (Receiving Licences) (Amendment) Regulations 1977 (S.I. No. 76 of 1977), in effect as per reg. 1(3); revoked (1.01.2003) by Television Licences Regulations 2002 (S.I. No. 608 of 2002), reg. 15(i), in effect as per reg. 1(2), subject to transitional provisions in reg. 14.

E188

Previous affecting provision: power pursuant to subs. (1) exercised (1.02.1976) by Broadcasting (Receiving Licences) (Amendment) Regulations 1976 (S.I. No. 4 of 1976), in effect as per reg. 1(3); revoked (1.01.2003) by Television Licences Regulations 2002 (S.I. No. 608 of 2002), reg. 15(h), in effect as per reg. 1(2), subject to transitional provisions in reg. 14.

E189

Previous affecting provision: power pursuant to subs. (1) exercised (1.10.1974) by Broadcasting (Receiving Licences) (Amendment) Regulations 1974 (S.I. No. 270 of 1974), in effect as per reg. 1(3); revoked (1.01.2003) by Television Licences Regulations 2002 (S.I. No. 608 of 2002), reg. 15(g), in effect as per reg. 1(2), subject to transitional provisions in reg. 14.

E190

Previous affecting provision: power pursuant to subs. (1) exercised (1.04.1974) by Wireless Telegraphy (Wired Broadcast Relay Licence) Regulations 1974 (S.I. No. 67 of 1974), in effect as per reg. 1(2); revoked (25.07.2003) by European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2003 (S.I. No. 307 of 2002), reg. 38(2), in effect as per reg. 1(2).

E191

Previous affecting provision: power pursuant to subs. (1) exercised (1.10.1973) by Broadcasting (Receiving Licences) (Amendment) Regulations 1973 (S.I. No. 274 of 1973), in effect as per reg. 1(3); revoked (1.01.2003) by Television Licences Regulations 2002 (S.I. No. 608 of 2002), reg. 15(f), in effect as per reg. 1(2), subject to transitional provisions in reg. 14.

E192

Previous affecting provision: power pursuant to subs. (1) exercised (1.09.1972) by Broadcasting (Receiving Licences) (Amendment) Regulations 1972 (S.I. No. 210 of 1972), in effect as per reg. 1(3); revoked (1.01.2003) by Television Licences Regulations 2002 (S.I. No. 608 of 2002), reg. 15(e), in effect as per reg. 1(2), subject to transitional provisions in reg. 14.

E193

Previous affecting provision: power pursuant to subs. (1) exercised (1.09.1971) by Broadcasting (Receiving Licences) (Amendment) Regulations 1971 (S.I. No. 241 of 1971), in effect as per reg. 1(3); revoked (1.01.2003) by Television Licences Regulations 2002 (S.I. No. 608 of 2002), reg. 15(d), in effect as per reg. 1(2), subject to transitional provisions in reg. 14.

E194

Previous affecting provision: power pursuant to subs. (1) exercised (1.07.1970) by Broadcasting (Receiving Licences) (Amendment) Regulations 1970 (S.I. No. 141 of 1970), in effect as per reg. 1(3); revoked (1.01.2003) by Television Licences Regulations 2002 (S.I. No. 608 of 2002), reg. 15(c), in effect as per reg. 1(2), subject to transitional provisions in reg. 14.

E195

Previous affecting provision: power pursuant to subs. (1) exercised (1.11.1963) by Broadcasting (Receiving Licences) (Amendment) Regulations 1963 (S.I. No. 199 of 1963), in effect as per reg. 1(3); revoked (1.01.2003) by Television Licences Regulations 2002 (S.I. No. 608 of 2002), reg. 15(b), in effect as per reg. 1(2), subject to transitional provisions in reg. 14.

E196

Previous affecting provision: power pursuant to subs. (1) exercised (1.01.1962) by Broadcasting (Receiving Licences) Regulations 1961 (S.I. No. 279 of 1961), in effect as per reg. 1(2); revoked (1.01.2003) by Television Licences Regulations 2002 (S.I. No. 608 of 2002), reg. 15(a), in effect as per reg. 1(2), subject to transitional provisions in reg. 14.

E197

Previous affecting provision: power pursuant to subs. (1) exercised (1.09.1961) by Wireless (Receiving Licences) (Amendment) Regulations 1961 (S.I. No. 174 of 1961), in effect as per reg. 1(3); revoked (1.01.1962) by Broadcasting (Receiving Licences) Regulations 1961 (S.I. No. 279 of 1961), reg. 15(1), in effect as per reg. 1(2), subject to transitional provisions in reg. 15(2).

E198

Previous affecting provision: power pursuant to subs. (1) exercised (1.04.1953) by Wireless (Receiving Licences) (Amendment) (No. 3) Regulations 1953 (S.I. No. 55 of 1953), in effect as per reg. 1(2); revoked (1.09.1961) by Wireless (Receiving Licences) (Amendment) Regulations 1961 (S.I. No. 174 of 1961), reg. 4, in effect as per reg. 1(3).

E199

Previous affecting provision: power pursuant to subs. (1) exercised (1.08.1951) by Wireless Telegraphy Act 1926. Wireless Telegraphy (Experimenter's Licence) (Amendment) (No. 1) Regulations 1951 (S.I. No. 232 of 1951), in effect as per reg. 1(b); revoked (10.09.2002) by Wireless Telegraphy (Experimenter's Licence) Regulations 2002 (S.I. No. 450 of 2002), reg. 2.

E200

Previous affecting provision: power pursuant to subs. (1) exercised (1.12.1949) by Wireless (Receiving Licences) (Amendment) (No. 2) Regulations 1949 (S.I. No. 282 of 1949), in effect as per reg. 1(2); revoked (1.01.1962) by Broadcasting (Receiving Licences) Regulations 1961 (S.I. No. 279 of 1961), reg. 15(1), in effect as per reg. 1(2), subject to transitional provisions in reg. 15(2).

E201

Previous affecting provision: power pursuant to subs. (1) exercised (1.06.1940) by Wireless (Receiving Licences) (Amendment) (No. 1) Regulations 1940 (S.I. No. 117 of 1940), in effect as per reg. 1(2); revoked (1.04.1953) by Wireless (Receiving Licences) (Amendment) (No. 3) Regulations 1953 (S.I. No. 55 of 1953), reg. 3, in effect as per reg. 1(2).

E202

Previous affecting provision: power pursuant to subs. (1) exercised (28.12.1937) by Wireless Telegraphy (Experimenter's Licence) Regulations 1937 (S.I. No. 330 of 1937); revoked (10.09.2002) by Wireless Telegraphy (Experimenter's Licence) Regulations 2002 (S.I. No. 450 of 2002), reg. 2.

E203

Previous affecting provision: power pursuant to subs. (1) exercised (1.11.1937) by Wireless (Receiving Licences) Regulations 1937 (S.I. No. 261 of 1937) in effect as per reg. 1(2); revoked (1.01.1962) by Broadcasting (Receiving Licences) Regulations 1961 (S.I. No. 279 of 1961), reg. 15(1), in effect as per reg. 1(2), subject to transitional provisions in reg. 15(2).

Section 7

F22[Obligation to furnish certain information.

7

7.— (1) The appropriate authority may, whenever it considers it appropriate to do so, serve on a person a special notice, accompanied by or including a form of declaration, requiring the person—

(a) to state on the form of declaration such one or more of the matters specified in subsection (2) as is specified in the notice,

(b) to complete and sign the declaration, and

(c) to give or send the completed declaration by post to a specified officer of that authority.

The special notice is required to be in writing and to be sent by registered post.

(2) The matters which a person may be required under this section to state in a declaration are—

(a) whether he or she does or does not keep or has or has not in his or her possession any apparatus for wireless telegraphy (other than television sets),

(b) if he or she keeps or has in his or her possession any such apparatus, the nature of such apparatus, the name and address of the person by whom such apparatus was sold, let, hired or otherwise supplied to him or her and the place at which he or she keeps or has the same,

(c) whether he or she has or has not a licence granted under section 5 and then in force,

(d) if he or she has such a licence, the number, date, and office of issue of such licence,

(e) any matter which the Commission may require for the purpose of an order under section 5 of the Wireless Telegraphy Act 1972, and

(f) any other matter relating to wireless telegraphy (other than television sets).

(3) Every person on whom a special notice is duly served under this section shall, within 14 days after service, duly and correctly complete in accordance with the notice and this section the form of declaration to the officer named in that behalf in the notice. If the person fails or neglects so to complete and give or send the declaration or makes in the declaration any statement which is to his or her knowledge false or misleading he or she commits an offence and is liable on summary conviction to a fine not exceeding €1,000.

(4) In a prosecution for an offence under subsection (3) in which it is shown that a specific notice has been sent by registered post, it shall be presumed, until the contrary is shown, that the person to whom the notice was sent has not complied with the requirements of that subsection.]

Annotations

Amendments:

F22

Substituted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 182 and sch. 2, commenced on enactment. A fine of €1,000 translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(2) and table ref. no. 1, S.I. No. 662 of 2010.

Modifications (not altering text):

C14

Application of section restricted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 147(5), commenced on enactment.

Statutory declaration

147.—...

(5) On the passing of this Act section 7 of the Act of 1926 does not apply to television sets.

Editorial Notes:

E204

Previous affecting provision: subs. (1) substituted and subs. (3) amended (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 1 item 6(a), (b), S.I. No. 224 of 2007, subject to transitional provisions in s. 4(4) and sch. 3; section substituted (12.07.2009) as per F-note above.

E205

Previous affecting provision: subss. (2)(b) and (3) amended (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), ss. 17(1), 12(1)(b), in effect as per s. 21(2); section substituted (12.07.2009) as per F-note above.

E206

Previous affecting provision: subs. (2)(f) inserted, subs. (3) amended (3.04.1972) by Wireless Telegraphy Act 1972 (5/1972), s. 12(a), (b), commenced on enactment; section substituted (12.07.2009) as per F-note above.

Section 8

F23[Issue of search warrants.

8

8.— (1) A judge of the District Court may, upon the information on oath of an officer of the appropriate authority or of a member of the Garda Síochána that there is reasonable ground for believing that apparatus for wireless telegraphy is being kept or is being worked or used at any specified place, specified vehicle or in any specified ship or other vessel in contravention of the Wireless Telegraphy Acts 1926 to 2009 or any regulation made or condition imposed under those Acts or the Broadcasting (Offences) Acts 1968 to 2009, issue to such officer or (with the consent of the appropriate authority) to such member of the Garda Síochána (as the case may be) a search warrant which shall be expressed and shall operate to authorise the officer of that authority or member of the Garda Síochána to whom the same is granted—

(a) to enter, within one month from the date of issue of the warrant, on production of the warrant, if so requested, and if need be by force, the place, vehicle, ship or other vessel named in the information,

(b) there to search for apparatus for wireless telegraphy and to examine all such apparatus or any such vehicle found there, and

(c) to seize and take away all or any part of such apparatus which appears to such officer or member to be kept, worked or used in contravention of the Wireless Telegraphy Acts 1926 to 2009 or any regulation made or condition imposed under those Acts or the Broadcasting (Offences) Acts 1968 to 2009.

(2) A search warrant granted under this section shall operate to authorise any one or more of the following, namely, any member of the Garda Síochána or officer of the appropriate authority or other person authorised by the person to whom the warrant is granted to accompany and assist him or her in the exercise of the powers conferred on him or her by the warrant.

(3) An officer of the appropriate authority may retain anything seized under this section which he or she believes to be evidence of any offence or suspected offence under the Wireless Telegraphy Acts 1926 to 2009 or the Broadcasting (Offences) Acts 1968 to 2009, for use as evidence in proceedings in relation to any such offence, for such period from the date of seizure as is reasonable, or, if proceedings are commenced in which the thing so seized is required for use in evidence, until the conclusion of the proceedings.

(4) The appropriate authority shall, as soon as may be after the conclusion of any proceedings, deliver any thing seized and retained under this section to the person who in its opinion is the owner of it, unless—

(a) the appropriate authority decides it is unable to ascertain who owns the thing, in which case the Police (Property) Act 1897 applies to the thing so seized and retained, or

(b) such delivery would result in a contravention of the Wireless Telegraphy Acts 1926 to 2009 or the Broadcasting (Offences) Acts 1968 to 2009, in which case the Police (Property) Act 1897 applies to the thing so seized and retained as though the appropriate authority could not ascertain the owner of the thing.

(5) (a) A person who by act or omission impedes or obstructs an officer of the appropriate authority or a member of the Garda Síochána or any other person in the exercise of a power conferred by a search warrant issued under this section commits an offence.

(b) A person who with intent to impede or obstruct an officer of the appropriate authority or a member of the Garda Síochána or any other person in the exercise of a power conferred by a search warrant issued under this section places, erects, installs, keeps or maintains any thing commits an offence.

(c) A person guilty of an offence under this subsection is liable on summary conviction to a fine not exceeding €2,000.]

Annotations

Amendments:

F23

Substituted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 182 and sch. 2, commenced on enactment. A fine of €2,000 translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.

Modifications (not altering text):

C15

Application of section extended and references to "apparatus for wireless telegraphy" construed (21.12.1976) by Broadcasting Authority (Amendment) Act 1976 (37/1976), s. 20(2), commenced on enactment.

Application of sections 7, 8, 10 and 12 of Act of 1926 in relation to certain apparatus.

20.

...

(2) (a) The powers conferred by section 8 of the Act of 1926 on a Justice of the District Court to grant a search warrant shall also be exercisable in accordance with that section by such Justice in relation to regulated apparatus and, accordingly, the first reference in subsection (1) of the said section 8 to apparatus for wireless telegraphy shall be construed as including a reference to regulated apparatus.

(b) Any search warrant granted in relation to regulated apparatus under the said section 8, as applied by paragraph (a) of this subsection, shall, in relation to such apparatus, be expressed and operate in the manner specified in subsection (1) of that section with and subject to the modification that, for the purposes of this paragraph, the second reference in that subsection to apparatus for wireless telegraphy shall be construed as a reference to regulated apparatus.

...

Editorial Notes:

E207

Previous affecting provision: subss. (1), (2), (3)(a), (b) amended (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 1 item 7(a)-(f), S.I. No. 224 of 2007, subject to transitional provisions in s. 4(4) and sch. 3; substituted (12.07.2009) as per F-note above.

E208

Previous affecting provision: references to officer of the Minister construed as references to officer of the Commission (27.04.2002) by Communications Regulation Act 2002 (20/2002), s. 9(3)(a), commenced on enactment; section substituted (12.07.2009) as per F-note above.

E209

Previous affecting provision: subs. (1) amended, subs. (2) substituted and subss. (3) and (4) inserted (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), s. 17(2), (3), in effect as per s. 21(2); section substituted (12.07.2009) as per F-note above.

Section 9

F24[Regulations as to wireless telegraphy in ships and aircraft.

9

9.— (1) The appropriate authority may make regulations in respect of all or any of the following matters, that is to say:

(a) requiring operators and other persons engaged in the working of apparatus for wireless telegraphy on—

(i) all or any ships registered under the Mercantile Marine Act 1955, or

(ii) all or any classes or class of ships or vessels navigating or operating in the State,

to hold certificates of competency;

(b) requiring operators and other persons engaged in the working of apparatus for wireless telegraphy on all or any classes of aircraft owned or leased by persons in the State to hold certificates of competency;

(c) the grant and renewal of such certificates of competency, the terms and conditions on which such certificates will be granted, and the qualifications to be possessed and the examinations and other tests to be undergone by persons to whom such certificates are granted;

(d) the duration, revocation and suspension of certificates of competency granted under the regulations;

(e) the validity, duration, renewal, revocation, and suspension of certificates of competency granted otherwise than under the regulations whether by the appropriate authority or any other person;

(f) the fees to be charged for or in connection with the granting and renewal of any such certificates of competence as aforesaid and the collection and disposal of such fees;

(g) regulating and controlling the times and manner of working apparatus for wireless telegraphy in ships registered under the Mercantile Marine Act 1955 and, while they are in the State, ships registered outside the State and unregistered ships and other vessels;

(h) regulating and controlling the times and manner of working apparatus for wireless telegraphy in aircraft owned or leased by persons in the State and, while they are in or over the State or the territorial waters thereof, aircraft not so owned;

(i) giving effect to and securing compliance with the provisions (save in so far as the same relate to ships to which this section and regulations made under it do not apply) of any international convention in relation to wireless telegraphy entered into by the Government.

(2) Regulations made under this section may—

(a) provide that a breach or contravention of any specified such regulation shall be an offence, and

(b) in relation to convictions on indictment for such an offence, provide that the court by whom the defendant is convicted may order the interest of the defendant, whether as owner or otherwise, in all or any apparatus in respect of or by means of which the court is satisfied a breach or contravention of a specified such regulation was committed to be forfeited.

(3) (a) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made.

(b) Either House of the Oireachtas may, within 21 sitting days after the day on which a regulation was laid before it in accordance with paragraph (a), pass a resolution annulling the regulation.

(c) The annulment under paragraph (b) of a regulation takes effect immediately on the passing of the resolution concerned, but does not affect anything that was done under it before the passing of the resolution.

(4) A person guilty of an offence by reason of a breach or contravention of a regulation specified, by virtue of paragraph (a) of subsection (2), in regulations made under this section is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €250,000.

(5) For the purposes of this section—

(a) a ship is deemed to be navigating or operating in the State if it is usually kept in Irish waters (within the meaning of section 2 of the Maritime Safety Act 2005), and

(b) an aircraft is deemed to be owned or leased by a person in the State if but only if it is owned or leased by a person who—

(i) in the case of an individual, has his or her place of residence in the State, or

(ii) in the case of an association, company (within the meaning of the Companies Acts) or other body (whether corporate or unincorporate) has its principal office in the State.

(6) In this section, "appropriate authority"—

(a) in relation to apparatus for wireless telegraphy on ships or other vessels, means the Minister for Transport, and

(b) in relation to apparatus for wireless telegraphy on aircraft, means the Commission.]

Annotations

Amendments:

F24

Substituted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 182 and sch. 2, commenced on enactment. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.

F25

Substituted by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 68 and sch. 4 item 1, not commenced as of date of revision.

Modifications (not altering text):

C16

Prospective affecting provision: subs. (1)(a)(i), (g) amended by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 68 and sch. 4 item 1, not commenced as of date of revision.

9.— (1) The appropriate authority may make regulations in respect of all or any of the following matters, that is to say:

(a) requiring operators and other persons engaged in the working of apparatus for wireless telegraphy on—

(i) all or any ships registered under the F25[Merchant Shipping (Registration of Ships) Act 2014], or

...

(g) regulating and controlling the times and manner of working apparatus for wireless telegraphy in ships registered under the F25[Merchant Shipping (Registration of Ships) Act 2014] and, while they are in the State, ships registered outside the State and unregistered ships and other vessels;

...

Editorial Notes:

E210

Power pursuant to section exercised (1.03.2010) by Wireless Telegraphy (Maritime Radio Operator) (Certificates of Competency) Regulations 2010 (S.I. No. 8 of 2010), in effect as per reg. 1(2).

E211

Previous affecting provision: subs. (1), (1)(e) amended and subs. (7) inserted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 1 item 8(a), (b), (c), S.I. No. 224 of 2007, subject to transitional provisions in s. 4(4) and sch. 3; section substituted (12.07.2009) as per F-note above.

E212

Previous affecting provision: subss. (1)(a), (b), (g), (h), (I), (4) amended (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 1 item 11, S.I. No. 224 of 2007, subject to transitional provisions in s. 4(4) and sch. 3; section substituted (12.07.2009) as per F-note above.

E213

Previous affecting provision: functions transferred and references to "Minister for Public Enterprise" and "Department of Public Enterprise" construed as Minister for and Department of Marine and Natural Resources (18.06.2002) by Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 300 of 2002), arts. 3, 4, in effect as per art. 1(2), subject to transitional provisions in arts. 5, 6, 7, 9; section substituted (12.07.2009) as per F-note above. Note that the name of the Minister for and Department of Marine and Natural Resources changed to:

• the Minister for and Department of Communications, Marine and Natural Resources (19.06.2002) by Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 307 of 2002), arts. 2, 3, 4, in effect as per art. 1(2);

• the Minister for and Department of Communications, Energy and Natural Resources (20.10.2007) by Communications, Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2007 (S.I. No. 706 of 2007), arts. 2, 3, 4, in effect as per art. 1(2).

E214

Previous affecting provision: subs. (2) substituted and subs. (6) inserted (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), s. 12(1)(c)(i), (ii), in effect as per s. 21(2); section substituted (12.07.2009) as per F-note above.

Section 10

Government control of wireless telegraphy, etc., in emergencies.

10

10.(1) If at any time the Executive Council is of opinion that a national emergency has arisen of such character that it is expedient in the public interest that the Executive Council should have full control over the sending and receiving of messages, signals, and other communications by means of wireless telegraphy and of signalling stations capable of being used for communicating with ships at sea, the Executive Council may, if they so think fit, publish in the Iris Oifigiúil a notice declaring that such emergency has arisen.

(2) At any time during the continuance of any such emergency as aforesaid the Minister shall by order make such regulations as appear to the Executive Council to be necessary in the circumstances of such emergency with respect to the possession, sale, purchase, construction or use of apparatus for wireless telegraphy or for the generation and distribution of electro-magnetic radiation and of such signalling stations as aforesaid and apparatus for use therein.

F26[(3) Regulations made under this section may—

(a) provide that a breach or contravention of any specified such regulation shall be an offence,

(b) in relation to convictions on indictment for such an offence, provide that the court by whom the defendant is convicted may order the interest of the defendant, whether as owner or otherwise, in all or any apparatus in respect of or by means of which the court is satisfied a breach or contravention of a specified such regulation was committed to be forfeited.]

(4) Regulations made under this section shall continue in force for so long only as the emergency during which they are made continues, save that such regulations shall be deemed to continue in force after the termination of such emergency so far as may be necessary for the trial under such regulations of persons accused of having committed during such emergency a breach or contravention of any such regulation and the punishment of such persons (if convicted) under and in accordance with such regulations.

(5) For the purposes of this section—

(a) every such emergency shall, unless continued or sooner terminated under this sub-section, terminate at the expiration of three months from the publication in the Iris Oifigiúil of the notice mentioned in sub-section (1) of this section or, when the emergency has been continued under this sub-section, at the expiration of three months from the publication in the Iris Oiftgiúil of the last notice of such continuance, and

(b) any such emergency may be terminated at any time by the publication by the Executive Council in the Iris Oifigiúil of a notice declaring that the emergency has terminated, and

(c) any such emergency may be continued by the publication by the Executive Council in the Iris Oifigiúil before the termination of the emergency of a notice declaring that the emergency still continues.

(6) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either such House shall, within twenty-one days on which that House has sat next after the regulation was laid before it, pass a resolution annulling such regulation such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

(7) No regulation which applies or relates to any ships to which the Merchant Shipping (Wireless Telegraphy) Act 1919 applies shall be made by the Minister under this section without previous consultation with the Minister for Industry and Commerce.

F27[(8) A person guilty of an offence, by reason of a breach or contravention of a regulation specified, by virtue of paragraph (a) of subsection (3) of this section, in regulations made under this section, shall be liable—

F28[(a) on summary conviction, to a fine not exceeding €5,000, or]

F28[(b) on conviction on indictment, to a fine not exceeding €250,000.]]

Annotations

Amendments:

F26

Substituted (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), s. 12(1)(d)(i), in effect as per s. 21(2).

F27

Inserted (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), s. 12(1)(d)(ii), in effect as per s. 21(2).

F28

Substituted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 181(3), commenced on enactment. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.

Modifications (not altering text):

C17

Functions transferred and references to "Department of Public Enterprise" and "Minister for Public Enterprise" construed as Minister for and Department of Marine and Natural Resources (18.06.2002) by Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 300 of 2002), art. 4(1)(a) and sch. part 1, in effect as per art. 1(2); section repealed (12.07.2009) as per F-note above.

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of the Marine and Natural Resources.

(2) References to the Department of Public Enterprise contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of the Marine and Natural Resources.

4. (1) The functions vested in the Minister for Public Enterprise -

(a) by or under any of the enactments or the provisions of the enactments mentioned in Part 1 of the Schedule to this Order,

(b) under the Regulations mentioned in Part 2 of that Schedule, and

(c) in relation to the Geological Survey of Ireland,

are transferred to the Minister for the Marine and Natural Resources.

(2) References to the Minister for Public Enterprise contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for the Marine and Natural Resources.

...

SCHEDULE

PART 1.

Enactments and provisions of enactments, functions under which are transferred from the Minister for Public Enterprise to the Minister for the Marine and Natural Resources.

...

Sections 3A, 9, 10 and 12A of the Wireless Telegraphy Act 1926 (No. 45 of 1926)

...

Note that the name of the Minister for and Department of Marine and Natural Resources changed to:

• the Minister for and Department of Communications, Marine and Natural Resources (19.06.2002) by Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 307 of 2002), arts. 2, 3, 4, in effect as per art. 1(2);

• the Minister for and Department of Communications, Energy and Natural Resources (20.10.2007) by Communications, Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2007 (S.I. No. 706 of 2007), arts. 2, 3, 4, in effect as per art. 1(2);

• the Minister for and Department of Communications, Climate Action and the Environment (23.07.2016) by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016), arts. 2, 3, 4, in effect as per art. 1(2);

• the Minister for and Department of Environment, Climate and Communications (24.09.2020) by Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 373 of 2020), arts. 2, 3, 4, in effect as per art. 1(2).

C18

Application of section extended and references construed (21.12.1976) by Broadcasting Authority (Amendment) Act 1976 (37/1976), s. 20(3), commenced on enactment.

Application of sections 7, 8, 10 and 12 of Act of 1926 in relation to certain apparatus.

20.—...

(3) Subsection (2) of section 10 of the Act of 1926 shall apply to regulated apparatus in the manner it applies to apparatus for wireless telegraphy, and, accordingly, that subsection shall have effect as if “, of regulated apparatus within the meaning of section 20 of the Broadcasting Authority (Amendment) Act, 1976” were inserted after “electro-magnetic radiation”.

...

Editorial Notes:

E215

Previous affecting provision: functions transferred and references to "Minister for Communications" and "Department of Communications" construed as Minister for and Department of Tourism, Transport and Communications (8.02.1991) by Communications (Transfer of Departmental Administration and Ministerial Functions) Order 1991 (S.I. No. 26 of 1991), arts. 3, 4, subject to transitional provisions in arts. 5, 6, 7, 9, in effect as per art. 1(2); superseded (18.06.2002) as per C-note above. Note that the name of the Minister for and Department of Tourism, Transport and Communications changed to:

• the Minister for and Department of Transport, Energy and Communications (22.01.1993) by Tourism, Transport and Communications (Alteration of Name of Department and Title of Minister) Order 1993 (S.I. No. 17 of 1993), arts. 2, 3, 4, in effect as per art. 1(2);

• the Minister for and Department of Public Enterprise (12.07.1997) by Transport, Energy and Communications (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 299 of 1997), arts. 2, 3, 4, in effect as per art. 1(2).

E216

Previous affecting provision: office of Minister for and Department of Posts and Telegraphs abolished, functions transferred and references to "Minister for Posts and Telegraphs" construed as Minister for and Department of Communications (1.02.1984) by Ministers and Secretaries (Amendment) Act 1983 (40/1983), s. 3(1), (2), in effect as per s. 3(1); superseded (8.02.1991) as per E-note above.

Section 10A

F29[Forfeiture of apparatus; supplementary provisions.

10A

10A.—(1) A court shall not order anything to be forfeited pursuant to regulations under section 9(2) or 10(3) of this Act if a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made.

(2) Where—

(a) a person is convicted on indictment of an offence under section 3 of this Act, or

(b) an order is made pursuant to regulations under section 9(2) or 10(3) of this Act,

the apparatus to which the forfeiture under the said section 3 or, as may be appropriate, the order relates shall be sold or disposed of in such other manner as F30[the appropriate authority] thinks fit.

(3) Where the apparatus is sold pursuant to this section, the net proceeds of the sale shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.]

Annotations

Amendments:

F29

Inserted (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), s. 12(1)(e), in effect as per s. 21(2).

F30

Substituted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 1 item 9, S.I. No. 224 of 2007.

Section 11

Prohibition of certain classes of messages, etc.

11

11.(1) No person shall send or attempt to send by wireless telegraphy from any place in F31[the State] or any ship or other vessel in the inland or the territorial waters of F31[the State] or any ship registered in F31[the State] wherever such ship may be or any aircraft in or over F31[the State] or the territorial waters thereof—

(a) any message or communication of an indecent, obscene, or offensive character, nor

(b) any message or communication subversive of public order, nor

(c) any false or misleading signal of distress, nor

(d) any false or misleading message, signal, or communication to a ship or other vessel or an aircraft in distress.

(2) No person shall improperly divulge the purport of any message, communication, or signal sent or proposed to be sent by wireless telegraphy.

F32[(3) Every person who sends or attempts to send, or divulges the purport of, any message, communication or signal in contravention of this section shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding F33[€5,000], or, at the discretion of the court, to a term of imprisonment not exceeding six months, or, at such discretion, both to such fine and such imprisonment,

(b) on conviction on indictment, to a fine not exceeding F33[€250,000], or, at the discretion of the court, to a term of imprisonment not exceeding twelve months, or, at such discretion, to both such fine and such imprisonment.]

(4) F34[]

Annotations

Amendments:

F31

Substituted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 1 item 11, S.I. No. 224 of 2007, subject to transitional provisions in s. 4(4) and sch. 3.

F32

Substituted (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), s. 12(1)(f), in effect as per s. 21(2).

F33

Substituted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 181(4), commenced on enactment. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.

F34

Deleted (21.02.1951) by Criminal Justice Act 1951 (2/1951), s. 26 and sch. 2, commenced on enactment.

Editorial Notes:

E217

Previous affecting provision: application of section restricted (21.02.1951) by Criminal Justice Act 1951 (2/1951), s. 4(2), commenced on enactment; repealed (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), s. 12(3), commenced as per s. 21(2).

Section 12

Restrictions on user of apparatus for wireless telegraphy.

12

12.(1) F36[Subject to subsection (1A), it shall not] be lawful for any person so to work or use any apparatus for wireless telegraphy that electro-magnetic radiation therefrom interferes with the working of or otherwise injuriously affects any apparatus for wireless telegraphy in respect of which a licence has been granted under this Act and is in force or any apparatus for wireless telegraphy lawfully maintained or worked without any such licence or any broadcasting station maintained F37[under the Broadcasting Act 2009].

F36[(1A) It shall be lawful for daa or a servant or agent of daa to work or use a radio frequency jammer at Dublin Airport to interfere with the working of or otherwise injuriously affect any UAS where daa or such servant or agent reasonably believes such work or use to be necessary to ensure the safety of civil aviation or public safety.]

(2) Whenever the Minister is of opinion that a person is working or using any apparatus for wireless telegraphy in contravention of this section he may serve on or send by registered post to such person a notice requiring such person within a time (not being less than seven days) specified in the notice to take such steps (including where necessary the complete stoppage of the working or user of the apparatus) as shall be specified in the notice to terminate the interference or injurious affection which contravenes this section.

(3) Every person who works or uses any apparatus for wireless telegraphy in contravention of this section and, having been served with a notice under this section requiring him to terminate the interference or injurious affection which contravenes this section, does not within the time specified in that behalf in such notice terminate by the means specified in such notice or by some other means such interference or injurious affection shall be guilty of an offence under this section and shall be F38[liable—

F37[(a) on summary conviction, to a fine not exceeding €5,000, or]

F37[(b) on conviction on indictment, to a fine not exceeding €250,000.]]

(4) No notice shall be served under this section in respect of the working or using of apparatus for wireless telegraphy in contravention of this section in a ship to which the Merchant Shipping (Wireless Telegraphy) Act 1919 applies without the previous consent of the Minister for Industry and Commerce.

(5) Nothing in this section shall operate to prejudice or affect any power or right vested in the Minister under or by virtue of the Telegraphy Acts 1863 to 1921.

Annotations

Amendments:

F35

Inserted (12.04.1960) by Broadcasting Authority Act 1960 (10/1960), s. 34(e), commenced on enactment.

F36

Inserted (6.06.2023) by European Union (Wireless Telegraphy Act 1926) (Amendment) Regulations 2023 (S.I. No. 289 of 2023), reg. 2(b)(i), (ii).

F37

Substituted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 181(5), (6), commenced on enactment. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.

F38

Substituted (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), s. 12(1)(g), in effect as per s. 21(2).

Modifications (not altering text):

C19

Certain functions under subs. (2) of Director transferred to Commission and references construed (15.05.2007) by Communications Regulation Act 2002 (20/2002), s. 9(1)(a), (4) and sch. 1 part 1, as substituted by Communications Regulation (Amendment) Act 2007 (22/2007), s. 18, S.I. No. 224 of 2007.

Transfer of functions.

9.—(1) On the establishment day there is transferred to the Commission the functions of the Director by or under—

(a) each of the provisions mentioned in column (3) of Part 1 of Schedule 1 of the enactments mentioned in column (2) of that Part opposite the mention of that provision, and

(b) each of the statutory instruments mentioned in Part 2 of Schedule 1.

...

(4) Reference in a transferred function to the Director or the Minister (construed by virtue of section 4 of the Act of 1996 as a reference to the Director) shall, from the establishment day, be construed as a reference to the Commission.

[SCHEDULE 1

Related Enactments for the Purposes of this Act

PART 1

Acts

(1) The Wireless Telegraphy Act 1926 :

(a) section 2;

(b) section 2A;

(c) section 3(3B) to 3(3C) (except in relation to television sets);

(d) section 3(6);

(e) section 5 (except in relation to licensing television sets);

(f) section 6 (except in relation to licensing television sets);

(g) section 7 (except in relation to licensing television sets);

(h) section 8 (except in relation to licensing television sets);

(i) Section 9(1) (except in relation to aircraft);

(j) section 10A(2);

(k) section 12(2) (except in relation to television sets or broadcasting matters or aircraft as appropriate);

(l) section 13 (except as regards prosecutions for offences under section 3 in respect of television sets);

...

Note that the full history of functions transferred under this section can be found in the E-note annotations of section 2.]

C20

Application extended and references to "apparatus for wireless telegraphy" construed (21.12.1976) by Broadcasting Authority (Amendment) Act 1976 (37/1976), s. 20(4), commenced on enactment.

Application of sections 7, 8, 10 and 12 of Act of 1926 in relation to certain apparatus.

20.—...

(4) Section 12 of the Act of 1926 shall apply to regulated apparatus in the manner in which it applies to apparatus for wireless telegraphy, and, accordingly, the first reference in subsection (1) of the said section 12 and every reference in subsections (2), (3) and (4) of that section to apparatus for wireless telegraphy shall be construed as including a reference to regulated apparatus.

...

Editorial Notes:

E218

Previous affecting provision: subs. (1) amended (12.04.1960) by Broadcasting Authority Act 1960 (10/1960), s. 34(e), commenced on enactment; superseded (12.07.2009) as per F-note above.

Section 12A

F39[Regulations as to radiation of electro-magnetic energy, etc

12A

12A.F40[(1) The Minister may make regulations for any or all of the following purposes:

(a) for prescribing the requirements to be complied with in the case of any apparatus to which this section applies if the apparatus is to be used;

(b) for prescribing the requirements to be complied with in the case of any apparatus to which this section applies if the apparatus is to be sold otherwise than for export, or offered or advertised for sale otherwise than for export, or let on hire or offered or advertised for letting on hire by any person who in the course of business manufactures, assembles or imports such apparatus;

(c) for prescribing the requirements to be complied with in the case of any apparatus to which this section applies if the apparatus is to be sold for export to a country or territory which is for the time being declared under this section by the Minister to be a country or territory to which this paragraph applies or offered or advertised for such sale, by any person mentioned in paragraph (b) of this subsection.]

(2) The said requirements shall be such requirements as the Minister thinks fit for the purpose of ensuring that the use of the apparatus does not cause undue interference with wireless telegraphy, and may in particular include—

(a) requirements as to the maximum intensity of electro-magnetic energy of any specified frequencies which may be radiated in any direction from the apparatus while it is being used; and

(b) in the case of an apparatus the power for which is supplied from electric lines, requirements as to the maximum electro-magnetic energy of any specified frequencies which may be injected into those lines by the apparatus, and, in so far as appears to the Minister necessary or expedient in the case of the regulations in question, different requirements may be prescribed for different circumstances and in relation to different classes or descriptions of apparatus, different districts or places and different times of use.

(3) The apparatus to which this section applies shall be such apparatus as may be specified in the regulations made thereunder, being apparatus generating, or designed to generate, or liable to generate fortuitously, electro-magnetic energy at frequencies of not more than three million megacycles per F41[second. The references in this subsection to apparatus include references to apparatus for wireless telegraphy and references to any form of electric line.].

The references in this subsection to apparatus include references to any form of electric line.

(4) Where the Minister proposes to make regulations under this section—

(a) he shall cause a draft of the proposed regulations to be prepared and shall cause the draft to be published and placed on sale by the Stationery Office,

(b) he shall give notice to the public, in such manner as he considers suitable, of his intention to make the regulations,

(c) the notice shall contain an intimation that copies of the draft of the regulations are available for purchase and that, during a specified period of not less than two months, representations suggesting variations of the draft may be made to the Minister.

(5) Regulations under this section shall not be made until after the expiration of the period for making representations specified in the relevant notice under paragraph (b) of subsection (4) of this section and the Minister shall consider any representations made to him pursuant to the notice.

(6) (a) The Minister may appoint an advisory committee or advisory committees to advise him in relation to the making of regulations under this section and in relation to the consideration of representations referred to in the foregoing subsection.

(b) A committee under this subsection shall consist of so many members (not being less than three) as the Minister considers proper.

(c) A member of a committee under this subsection shall, unless he previously dies or resigns, retain his membership of the committee for the period determined by the Minister when appointing him and no longer, but shall be eligible for re-appointment.

(d) A committee under this subsection shall meet whenever summoned by the Minister.

(7) Whenever the Minister is of opinion that a person is working or using apparatus not complying with the requirements applicable to it under regulations made for the purposes specified in paragraph (a) of subsection (1) of this section, he may serve on or send by registered post to such person a notice—

(a) requiring such person to take such steps (including where necessary the complete stoppage of the working or user of the apparatus) as shall be specified in the notice to terminate the relevant undue interference with wireless telegraphy, and

(b) requiring such person to take the said steps either—

(i) forthwith in a case in which the Minister is of opinion that the relevant undue interference with wireless telegraphy consists of or includes undue interference with wireless telegraphy used for the purposes of any safety of life service or any purpose on which the safety of any person or of any vessel, aircraft or vehicle may depend, and

(ii) in any other case, within a period (not being less than seven days) specified in the notice.

(8) (a) Where—

(i) a notice under subsection (7) of this section has been served on or sent to a person and the notice requires the complete stoppage forthwith of the working or user of apparatus, and

(ii) such person works or uses the apparatus,

such person shall be guilty of an offence.

(b) Where—

(i) a notice under subsection (7) of this section has been served on or sent to a person and the notice requires the complete stoppage, within a specified period, of the working or user of apparatus, and

(ii) such person works or uses the apparatus after the expiration of that period,

such person shall be guilty of an offence.

(c) Where—

(i) a notice under subsection (7) of this section has been served on or sent to a person and the notice requires the taking forthwith of steps to terminate undue interference with wireless telegraphy by any apparatus (not being steps consisting of the complete stoppage of the working or user of the apparatus), and

(ii) such person works or uses the apparatus without having taken the said steps,

such person shall be guilty of an offence.

(d) Where—

(i) a notice under subsection (7) of this section has been served on or sent to a person and the notice requires the taking, within a specified period, of steps to terminate undue interference with wireless telegraphy by any apparatus (not being steps consisting of the complete stoppage of the working or user of the apparatus), and

(ii) such person works or uses the apparatus without having taken the said steps,

such person shall be guilty of an offence.

F40[(9) Whenever the Minister is of the opinion that any apparatus does not comply with the requirements applicable to it under regulations under this section for the purposes specified in paragraphs (b) or (c) of subsection (1) of this section—

(a) in case the Minister is of the opinion that the apparatus does not comply with the requirements applicable to it under regulations so made for the purposes specified in the said paragraph (b), he may serve on or send by registered post to any person who has manufactured or imported the apparatus in the course of business a notice prohibiting the person, as from the expiration of a period (not being less than seven days) specified in the notice, from selling the apparatus, otherwise than for export, or offering or advertising it for such sale, or letting it on hire or advertising it for letting on hire,

(b) in case the Minister is of the opinion that the apparatus does not comply with the requirements applicable to it under regulations so made for the purposes specified in the said paragraph (c), he may serve on or so send to any person who has manufactured or exported the apparatus in the course of business a notice prohibiting the person, as from the expiration of a period (not being less than seven days) specified in the notice, from selling the apparatus for export to the countries or territories specified in the relevant regulations under this section, or offering or advertising it for such sale,

and in any such case requiring the person within such a period so specified,—

(i) to make the apparatus available for inspection by an officer of the Minister and authorised by him, or in case an order made under subsection (14) of this section is for the time being in force, an officer or servant of the Authority or any other body specified in the order and authorised by the Authority or the other body, as may be appropriate, to make the inspection,

(ii) if requested by such officer or servant to transport, at the expense of the person, to a place specified by the officer or servant a sample or samples (which such officer or servant is hereby empowered to select) of the apparatus, or of any part of the apparatus specified by such officer or servant, for testing pursuant to subsection (9A) of this section.]

F42[(9A) Where apparatus or any other thing is transported pursuant to a request made under subsection (9) of this section, the apparatus or other thing may be subjected by the person by whom the request was made or by any other officer or servant of the Minister, the Authority or the other body, as may be appropriate, to tests for the purpose of ascertaining whether or not the apparatus or other thing complies with the requirements applicable to it under the relevant regulations under this section.]

(10) Where—

(a) a notice under subsection (9) of this section has been served on or sent to a person, and

F40[(b) after the expiration of the period specified in the notice, such person contravenes the provisions, or fails to comply with the requirements, of the notice,]

such person shall be guilty of an offence.

(11) (a) A Justice of the District Court may, upon information on oath of an officer of the Minister or of a member of the Garda Síochána that there is reasonable ground for believing that, at any specified place, apparatus to which this section applies is to be found which does not comply with the requirements applicable to it under regulations made under this section, grant to such officer of the Minister or (with the consent of the Minister) to such member of the Garda Síochána a search warrant which shall be expressed and shall operate to authorise the officer of the Minister or member of the Garda Síochána to whom it is granted to enter, and if need be by force, the place named in the said information and there to search for apparatus to which this section applies and to examine and test all such apparatus there found.

(b) A search warrant granted under this subsection to an officer of the Minister may authorise or, if the Justice granting it so thinks proper, require such officer to be accompanied by one or more members of the Garda Síochána when making the search under the warrant.

(c) Where, under a warrant under this section, a person has a right to examine and test any apparatus at any place, it shall be the duty of any person who is at that place to give him any such assistance as he may reasonably require in the examination or testing of the apparatus.

(d) Any person who—

(i) obstructs any person in the exercise of the powers conferred on him by a warrant under this subsection, or

(ii) fails or refuses to give to any such person any assistance which he is under this subsection under a duty to give to him,

shall be guilty of an offence.

F43[(12) A person guilty of an offence under this section is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €250,000.]

(13) The Minister may by order (which he may at any time revoke by a further order) declare that Radio Éireann shall have all powers appropriate for the investigation and detection of interference with wireless telegraphy apparatus for receiving only and, whenever such an order is for the time being in force,—

(a) Radio Éireann shall have those powers,

(b) subsection (2) of section 12 of this Act and subsection (7) of this section shall have effect as if each of the references therein to the Minister included a reference to Radio Éireann, and

(c) subsection (11) of this section shall have effect as if each of the references therein to the Minister included, in relation to regulations made for the purposes specified in paragraph (a) of subsection (1) of this section, a reference to Radio Éireann.]

F42[(14) The Minister may by order (which he may at any time revoke or amend by a further order) declare that the Authority or any other body specified in the order shall have all the powers which the Minister may exercise under subsection (9) of this section and, whenever such an order is for the time being in force, the Authority or the other body so specified shall have those powers and subsection (9) of this section shall have effect as if each of the references therein to the Minister included a reference to the Authority or to the other body so specified, as may be appropriate.]

F42[(15) The Minister may by regulations declare any country or territory specified in the regulations to be a country or territory to which paragraph (c) of subsection (1) of this section applies.]

F42[(16) In this section "the Authority" means Radio Telefís Éireann.]

Annotations

Amendments:

F39

Inserted (12.04.1960) by Broadcasting Authority Act 1960 (10/1960), s. 34(f) and sch. 3 part 2, commenced on enactment.

F40

Substituted (21.12.1976) by Broadcasting Authority (Amendment) Act 1976 (37/1976), s. 19(a), (b), (c), commenced on enactment.

F41

Substituted (3.04.1972) by Wireless Telegraphy Act 1972 (5/1972), s. 13, commenced on enactment.

F42

Inserted (21.12.1976) by Broadcasting Authority (Amendment) Act 1976 (37/1976), s. 19(b), (d), commenced on enactment.

F43

Substituted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 181(7), commenced on enactment. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.

Modifications (not altering text):

C21

Functions transferred and references to "Department of Public Enterprise" and "Minister for Public Enterprise" construed (18.06.2002) by Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 300 of 2002), art. 4(1)(a) and sch. part 1, in effect as per art. 1(2); section repealed (12.07.2009) as per F-note above.

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of the Marine and Natural Resources.

(2) References to the Department of Public Enterprise contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of the Marine and Natural Resources.

4. (1) The functions vested in the Minister for Public Enterprise -

(a) by or under any of the enactments or the provisions of the enactments mentioned in Part 1 of the Schedule to this Order,

(b) under the Regulations mentioned in Part 2 of that Schedule, and

(c) in relation to the Geological Survey of Ireland,

are transferred to the Minister for the Marine and Natural Resources.

(2) References to the Minister for Public Enterprise contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for the Marine and Natural Resources.

...

SCHEDULE

PART 1.

Enactments and provisions of enactments, functions under which are transferred from the Minister for Public Enterprise to the Minister for the Marine and Natural Resources.

...

Sections 3A, 9, 10 and 12A of the Wireless Telegraphy Act 1926 (No. 45 of 1926)

...

Note that the name of the Minister for and Department of Marine and Natural Resources changed to:

• the Minister for and Department of Communications, Marine and Natural Resources (19.06.2002) by Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 307 of 2002), arts. 2, 3, 4, in effect as per art. 1(2);

• the Minister for and Department of Communications, Energy and Natural Resources (20.10.2007) by Communications, Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2007 (S.I. No. 706 of 2007), arts. 2, 3, 4, in effect as per art. 1(2);

• the Minister for and Department of Communications, Climate Action and the Environment (23.07.2016) by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016), arts. 2, 3, 4, in effect as per art. 1(2);

• the Minister for and Department of Environment, Climate and Communications (24.09.2020) by Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 373 of 2020), arts. 2, 3, 4, in effect as per art. 1(2).

Editorial Notes:

E219

Power pursuant to section exercised (1.02.1964) by Wireless Telegraphy (Control of Interference From Ignition Apparatus) Regulations 1963 (S.I. No. 223 of 1963), in effect as per reg. 1(2).

E220

Power pursuant to section exercised (1.12.1963) by Wireless Telegraphy (Control of Interference From Electric Motors) Regulations 1963 (S.I. No. 108 of 1963), in effect as per reg. 1(2).

E221

Power pursuant to section exercised (1.06.1960) by Broadcasting Authority (Control of Interference) Order 1960 (S.I. No. 113 of 1960), in effect as per art. 2.

E222

Previous affecting provision: subs. (12) substituted (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), s. 12(1)(h), in effect as per s. 21(2); substituted (12.07.2009) as per F-note above.

Section 12B

F44[Deliberate interference.

12B

12B.— (1) F45[Subject to subsection (1A), any person] who uses any apparatus for the purpose of interfering with any wireless telegraphy shall be guilty of an offence.

F46[(1A) Subsection (1) shall not apply to the use by daa or a servant or agent of daa of a radio frequency jammer at Dublin Airport for the purpose of interfering with a UAS where daa or such servant or agent reasonably believes such use to be necessary to ensure the safety of civil aviation or public safety.]

(2) Subsection (1) of this section shall apply whether or not the apparatus in question is wireless telegraphy apparatus or apparatus to which section 12A of this Act applies and whether or not any notice under subsection (7) or subsection (9) of that section has been given with respect to the apparatus.

F47[(3) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding one thousand pounds together with, in the case of a continuing offence, a further fine (not exceeding one thousand pounds in all) not exceeding one hundred pounds for every day during which the offence is continued,

(b) on conviction on indictment, to a fine not exceeding twenty thousand pounds together with, in the case of a continuing offence, a further fine not exceeding two thousand pounds for every day during which the offence is continued.]]

Annotations

Amendments:

F44

Inserted (12.04.1960) by Broadcasting Authority Act 1960 (10/1960), s. 34(f) and sch. 3 part 2, commenced on enactment.

F45

Substituted (6.06.2023) by European Union (Wireless Telegraphy Act 1926) (Amendment) Regulations 2023 (S.I. No. 289 of 2023), reg. 2(c)(i).

F46

Inserted (6.06.2023) by European Union (Wireless Telegraphy Act 1926) (Amendment) Regulations 2023 (S.I. No. 289 of 2023), reg. 2(c)(ii).

F47

Substituted (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), s. 12(1)(i), in effect as per s. 1(2). A fine of £1,000 converted (1.01.1999) to €1,269.74. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 3, S.I. No. 662 of 2010.

A fine of £100 converted (1.01.1999) to €126.97. This translates into a class E fine, not greater than €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(3) and table ref. no. 3, S.I. No. 662 of 2010.

A fine of £20,000 converted (1.01.1999) to €25,394.76. This is subject to a multiplier of 2 amounting to €50,789.52 as provided (4.01.2011) by Fines Act 2010 (8/2010), 9(2) and table ref. no. 2, S.I. No. 662 of 2010.

A fine of £2,000 converted (1.01.1999) to €2,539.48. This is subject to a multiplier of 2 amounting to €5,078.96 as provided (4.01.2011) by Fines Act 2010 (8/2010), 9(2) and table ref. no. 2, S.I. No. 662 of 2010.

Section 13

F48[Prosecution of offences.

13

13.— A prosecution for a summary offence under this Act may be brought only by the appropriate authority, a person to whom the functions of that authority have been delegated or some other person authorised by law to prosecute offences.]

Annotations

Amendments:

F48

Substituted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 1 item 10, S.I. No. 224 of 2007, subject to transitional provisions in s. 4(4) and sch. 3.

Section 14

Offences committed in ships or aircraft.

14

14.(1) For the purposes of sections 53 and 79 of the Courts of Justice Act 1924 (No. 10 of 1924) and section 6 of the Courts of Justice Act 1926 (No. 1 of 1926) any act which is by virtue of this Act or any regulation made thereunder a misdemeanour or an offence triable summarily shall, if committed in a ship, vessel, or aircraft, be deemed to have been committed in any place in which the accused person may be, and, if committed in a ship or vessel which was within the territorial waters of F49[the State] when the act was committed or when the accused person was arrested, may be deemed to have been committed in the court district abutting on that portion of the said waters in which such ship was when the act was committed or the accused person was arrested, as the case may require.

(2) Whenever a fine is imposed under this Act by any court on a person who is the owner or the master of a ship or other vessel and such fine is imposed for an offence committed in respect of such ship or vessel, such fine may (without prejudice to any other method for the time being authorised by law) be levied by distress and sale of such ship or vessel, her tackle, furniture, and apparel.

Annotations

Amendments:

F49

Substituted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 1 item 11, S.I. No. 224 of 2007, subject to transitional provisions in s. 4(4) and sch. 3.

Modifications (not altering text):

C22

References to "section 53 of the Act of 1924" construed (29.09.1961) by Courts (Supplemental Provisions) Act 1961 (39/1961), s. 25(4), S.I. No. 217 of 1961.

Jurisdiction of Circuit Court in indictable offences.

25. — ...

(4) In section 6 of the Courts of Justice Act 1926, as applied by section 48 of this Act, and in subsection (1) of section 14 of the Wireless Telegraphy Act 1926, the references to section 53 of the Act of 1924 shall be construed as references to subsection (3) of this section.

Section 15

Repeals and preservation of existing licences and payments.

15

15.(1) The Wireless Telegraphy Act 1904 and the Wireless Telegraphy Act 1906 are hereby repealed.

(2) All licences for the possession of apparatus for wireless telegraphy which were granted under the said Acts hereby repealed and were in force at the passing of this Act shall, notwithstanding such repeal, continue in force for such time as they would have continued in force under the said Acts if this Act had not been passed, but all such licences shall for the purposes of this Act be deemed to have been granted under this Act and this Act shall apply to all such licences accordingly.

(3) No fee heretofore paid to the Minister in respect of a licence for the possession of apparatus for wireless telegraphy shall be recoverable on the ground that such fee was not legally chargeable.

Section 16

Expenses.

16

16.All expenses of carrying this Part of this Act into effect shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys to be provided by the Oireachtas.

Part II.

Broadcasting.

Section 17

Maintenance of broadcasting stations by the Minister.

17

17.F50[]

Annotations

Amendments:

F50

Repealed (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 3 and sch. 1, commenced on enactment.

Editorial Notes:

E223

Previous affecting provision: application of section restricted (1.06.1960, establishment day) by Broadcasting Authority Act 1960 (10/1960), s. 34(a), S.I. No. 107 of 1960; section repealed (12.07.2009) as per F-note above.

E224

Previous affecting provision: subs. (1) amended (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 1 item 11, S.I. No. 224 of 2007, subject to transitional provisions in s. 4(4) and sch. 3; section repealed (12.07.2009) as per F-note above.

Section 18

Charging of fees for broadcasting.

18

18.F51[]

Annotations

Amendments:

F51

Repealed (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 3 and sch. 1, commenced on enactment.

Editorial Notes:

E225

Previous affecting provision: application of section restricted (1.06.1960, establishment day) by Broadcasting Authority Act 1960 (10/1960), s. 34(a), S.I. No. 107 of 1960; section repealed (12.07.2009) as per F-note above.

Section 19

Advisory committee.

19

19.F52[]

Annotations

Amendments:

F52

Repealed (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 3 and sch. 1, commenced on enactment.

Editorial Notes:

E226

Previous affecting provision: application of section restricted (1.06.1960, establishment day) by Broadcasting Authority Act 1960 (10/1960), s. 34(a), S.I. No. 107 of 1960; section repealed (12.07.2009) as per F-note above.

E227

Previous affecting provision: power pursuant to section exercised (24.03.1927) by Order for the Establishment of an Advisory Committee (S.I. No. 31 of 1927); section repealed (12.07.2009) as per F-note above.

Section 20

Expenses.

20

20.F53[]

Annotations

Amendments:

F53

Repealed (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 3 and sch. 1, commenced on enactment.

Editorial Notes:

E228

Previous affecting provision: application of section restricted (1.06.1960, establishment day) by Broadcasting Authority Act 1960 (10/1960), s. 34(a), S.I. No. 107 of 1960; section repealed (12.07.2009) as per F-note above.


Number 45 of 1926


WIRELESS TELEGRAPHY ACT 1926

REVISED

Updated to 29 July 2024


About this Revised Act

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Wireless Telegraphy Acts 1926 to 2009: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Broadcasting Act 2009 (18/2009), s. 180(1)). The Acts in this group are:

Wireless Telegraphy Act 1926 (45/1926)

Broadcasting Authority Act 1960 (10/1960), in so far as it amends the Wireless Telegraphy Acts 1926 and 1956

Wireless Telegraphy Act 1972 (5/1972)

Broadcasting and Wireless Telegraphy Act 1988 (19/1988), ss. 2, 9, 10, 11, 12, 14, 15, 16, 17, 19

Broadcasting Act 2009 (18/2009), ss. 181(1)-(7), (9), 182

Acts previously included in the group but now repealed are:

Wireless Telegraphy Act 1956 (4/1956)

Broadcasting Authority (Amendment) Act 1964 (4/1964), in so far as it amends the Wireless Telegraphy Acts 1926 and 1956

Broadcasting Authority (Amendment) Act 1966 (7/1966), in so far as it amends the Wireless Telegraphy Acts 1926 and 1956

Broadcasting Authority (Amendment) Act 1971 (2/1971), in so far as it amends the Wireless Telegraphy Acts 1926 and 1956

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 (4/2023)

Merchant Shipping (Registration of Ships) Act 2014 (43/2014)

Broadcasting Act 2009 (18/2009)

Communications Regulation (Amendment) Act 2007 (22/2007)

Communications Regulation Act 2002 (20/2002)

Telecommunications (Miscellaneous Provisions) Act 1996 (34/1996)

Broadcasting Act 1990 (24/1990)

Radio and Television Act 1988 (20/1988)

Broadcasting and Wireless Telegraphy Act 1988 (19/1988)

Broadcasting Authority (Amendment) Act 1976 (37/1976)

Wireless Telegraphy Act 1972 (5/1972)

Broadcasting Authority (Amendment) Act 1966 (7/1966)

Courts (Supplemental Provisions) Act 1961 (39/1961)

Broadcasting Authority Act 1960 (10/1960)

Wireless Telegraphy Act 1956 (4/1956)

Criminal Justice Act 1951 (2/1951)

All Acts up to and including Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024) enacted 23 July 2024, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Wireless Telegraphy (Liberalised Use and Preparatory Licences in the 800 Mhz, 900 Mhz and 1800 Mhz Bands) (Amendment) Regulations 2024 (S.I. No. 380 of 2024)

Wireless Telegraphy (Telemetry Licence) Regulations 2024 (S.I. No. 266 of 2024)

Wireless Telegraphy (Satellite Earth Station Licence) Regulations 2024 (S.I. No. 96 of 2024)

Wireless Telegraphy (Liberalised Use and Related Licences in the 700 MHz Duplex, 2.1 GHz, 2.3 GHz and 2.6 GHz Bands) (Amendment No. 2) Regulations 2023 (S.I. No. 594 of 2023)

Wireless Telegraphy (Fixed Radio Link Licence) Regulations 2023 (S.I. No. 593 of 2023)

European Union (Wireless Telegraphy Act 1926) (Amendment) Regulations 2023 (S.I. No. 289 of 2023)

Wireless Telegraphy (Short-Term Electronic Communications Services Licences) Regulations 2022 (S.I. No. 484 of 2022)

Wireless Telegraphy (Liberalised Use And Related Licences In The 700 Mhz Duplex, 2.1 Ghz, 2.3 Ghz And 2.6 Ghz Bands) (Amendment) Regulations 2022 (S.I. No. 483 of 2022)

European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022)

Wireless Telegraphy (Further Temporary Electronic Communications Services Licences) (No. 4) Regulations 2022 (S.I. No. 138 of 2022)

Wireless Telegraphy Act 1926 (Section 3) Satellite Earth Stations for Satellite Personal Communication Services (Revocation) Order 2021 (S.I. No. 642 of 2021)

Wireless Telegraphy (Further Temporary Electronic Communications Services Licences) (No. 3) Regulations 2021 (S.I. No. 501 of 2021)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Customer Premises Equipment and User Equipment) Order 2021 (S.I. No. 282 of 2021)

Wireless Telegraphy (Third Generation and GSM Licence (Amendment) and Interim Licensing) Regulations 2021 (S.I. No. 265 of 2021)

Wireless Telegraphy (Liberalised Use and Related Licences in the 700 MHz Duplex, 2.1 GHz, 2.3 GHz and 2.6 GHz Bands) Regulations 2021 (S.I. No. 264 of 2021)

Wireless Telegraphy (Further Temporary Electronic Communications Services Licences) (No. 2) Regulations 2021 (S.I. No. 137 of 2021)

Wireless Telegraphy (Further Temporary Electronic Communications Services Licences) Regulations 2020 (S.I. No. 407 of 2020)

Wireless Telegraphy Act 1926 (section 3) (Exemption of Terminals for Satellite Services) Order 2020 (S.I. No. 226 of 2020)

Wireless Telegraphy (Temporary Electronic Communications Services Licences) Regulations 2020 (S.I. No. 122 of 2020)

Wireless Telegraphy (400 Mhz Band Licences) Regulations 2019 (S.I. No. 489 of 2019)

Wireless Telegraphy (Public Service Television And Sound Broadcasting Licences) Regulations 2019 (S.I. No. 197 of 2019)

Wireless Telegraphy Act 1926 (section 3) (Exemption of Mobile Phone Repeaters) Order 2018 (S.I. No. 283 of 2018)

Wireless Telegraphy (Mobile Satellite Service and Complementary Ground Component) Regulations 2018 (S.I. No. 282 of 2018)

Wireless Telegraphy (National Point to Point Block Licences) Regulations 2018 (S.I. No. 158 of 2018)

European Union (Radio Equipment) Regulations 2017 (S.I. No. 248 of 2017)

Wireless Telegraphy Act 1926 (section 3) (Exemption of Apparatus for Mobile Communication Services on Aircraft) Order 2017 (S.I. No. 218 of 2017)

Wireless Telegraphy (3.6 GHz Band Licences) Regulations 2016 (S.I. No. 532 of 2016)

Wireless Telegraphy (Interim GSM Mobile Telephony Licence) Regulations 2014 (S.I. No. 554 of 2014)

Wireless Telegraphy (Licensing of Telemetry Systems) Regulations 2014 (S.I. No. 240 of 2014)

Wireless Telegraphy (Transfer of Spectrum Rights of Use) Regulations 2014 (S.I. No. 34 of 2014)

Wireless Telegraphy (1800 MHz and Preparatory Licences in the 1800 MHz Band) Regulations 2013 (S.I. No. 563 of 2013)

Wireless Telegraphy (Broadband Wireless Access Local Area Licence) Regulations 2013 (S.I. No. 214 of 2013)

Wireless Telegraphy (GSM for Railway Licence) Regulations 2013 (S.I. No. 213 of 2013)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Apparatus for Mobile Communications Services on Board Vessels) Order 2013 (S.I. No. 169 of 2013)

Wireless Telegraphy Act 1926 (section 3) (Exemption of Level Probing Radars) Order 2013 (S.I. No. 112 of 2013)

Wireless Telegraphy Act 1926 (section 3) (Exemption of Ground Probing and Wall Probing Radars) Order 2013 (S.I. No. 111 of 2013)

Wireless Telegraphy (Interim GSM Mobile Telephony Licence) (Amendment) Regulations 2013 (S.I. No. 19 of 2013)

Wireless Telegraphy (Liberalised Use and Preparatory Licences in the 800 MHz, 900 MHz and 1800 MHz bands) Regulations 2012 (S.I. No. 251 of 2012)

European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011)

Wireless Telegraphy (Interim GSM Mobile Telephony Licence) Regulations 2011 (S.I. No. 189 of 2011)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of 406MHz Personal Locator Beacons) Order 2010 (S.I. No. 290 of 2010)

Wireless Telegraphy (Maritime Radio Operator) (Certificates of Competency) Regulations 2010 (S.I. No. 8 of 2010)

Wireless Telegraphy (Uhf Television Programme Retransmission) Regulations 2009 (S.I. No. 445 of 2009)

Wireless Telegraphy (Radio Link Licence) Regulations 2009 (S.I. No. 370 of 2009)

Wireless Telegraphy (Radiodetermination, Air Traffic and Maritime Services) Regulations 2009 (S.I. No. 369 of 2009)

Wireless Telegraphy (Aircraft Station Licence) Regulations 2009 (S.I. No. 193 of 2009)

Wireless Telegraphy (Amateur Station Licence) Regulations 2009 (S.I. No. 192 of 2009)

Broadcasting Amendment Act 2007 Digital Sound Broadcasting Licence Fees Regulations 2009 (S.I. No. 80 of 2009)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Low Power Earth Stations on Board Vessels) Order 2008 (S.I. No. 343 of 2008)

Wireless Telegraphy (Use of the Band 380-400Mhz By Emergency Services) Regulations 2008 (S.I. No. 324 of 2008)

Wireless Telegraphy (Digital Terrestrial Television Licence) Regulations 2008 (S.I. No. 198 of 2008)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Apparatus for Mobile Communication Services on Aircraft) Order 2008 (S.I. No. 178 of 2008)

Television Licences Regulations 2007 (S.I. No. 851 of 2007)

Broadcasting Amendment Act (Digital Terrestrial Television Licence Fees) Regulations 2007 (S.I. No. 796 of 2007)

Wireless Telegraphy (National Point-to-Point and Point-to-Multipoint Block Licences) Regulations 2007 (S.I. No. 762 of 2007)

Wireless Telegraphy (Fixed Satellite Earth Stations and Teleport Facility) Regulations 2007 (S.I. No. 295 of 2007)

Wireless Telegraphy (1785 - 1805 MHz Wireless Access Platform for Electronic Communications Services) Regulations 2007 (S.I. No. 172 of 2007)

Wireless Telegraphy (Uhf Television Programme Retransmission) Regulations 2006 (S.I. No. 645 of 2006)

Wireless Telegraphy (Ship Station Radio Licence) Regulations 2006 (S.I. No. 414 of 2006)

Television Licences Regulations 2006 (S.I. No. 404 of 2006)

Wireless Telegraphy (Wireless Public Address System) Regulations 2006 (S.I. No. 304 of 2006)

Wireless Telegraphy (National Point-to-Point and Point-to-Multipoint Block Licences) Regulations 2006 (S.I. No. 296 of 2006)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Short Range Devices) (Amendment) Order 2006 (S.I. No. 160 of 2006)

Wireless Telegraphy (Third Party Business Radio Licence) Regulations 2005 (S.I. No. 646 of 2005)

Wireless Telegraphy (Wideband Digital Mobile Data Services) Regulations 2005 (S.I. No. 642 of 2005)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Receive Only Apparatus For Wireless Telegraphy) (Amendment) Order 2005 (S.I. No. 292 of 2005)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Receive Only Apparatus For Wireless Telegraphy) Order 2005 (S.I. No. 197 of 2005)

Television Licences Regulations 2005 (S.I. No. 165 of 2005)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2005 (S.I. No. 128 of 2005)

Wireless Telegraphy (Third Party Trial Licence) Regulations 2005 (S.I. No. 114 of 2005)

Wireless Telegraphy (Research and Development Licence) Regulations 2005 (S.I. No. 113 of 2005)

Television Licences (Free Licences) Regulations 2004 (S.I. No. 496 of 2004)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Low Power Aircraft Earth Stations) Order 2004 (S.I. No. 7 of 2004)

Television Licences Regulations 2003 (S.I. No. 720 of 2003)

Wireless Telegraphy (Uhf Television Programme Retransmission) Regulations 2003 (S.I. No. 675 of 2003)

Wireless Telegraphy (Fixed Wireless Access Local Area Licence) (Amendment) Regulations 2003 (S.I. No. 530 of 2003)

Wireless Telegraphy (Multipoint Microwave Distribution System) Regulations 2003 (S.I. No. 529 of 2003)

Wireless Telegraphy (Uhf Television Programme Retransmission)(Amendment) Regulations 2003 (S.I. No. 507 of 2003)

Wireless Telegraphy (Carrigaline Uhf Television Programme Retransmission) (Amendment) Regulations 2003 (S.I. No. 506 of 2003)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Fixed Satellite Earth Stations) Order 2003 (S.I. No. 505 of 2003)

Wireless Telegraphy (Third Generation and Gsm Mobile Telephony Licence) (Amendment) Regulations 2003 (S.I. No. 340 of 2003)

Wireless Telegraphy (Gsm Mobile Telephony Licence)(Amendment) Regulations 2003 (S.I. No. 339 of 2003)

Wireless Telegraphy (Fixed Wireless Point To Multi-Point Access Licence) (Amendment) (No.2) Regulations 2003 (S.I. No. 338 of 2003)

European Communities (Electronic Communications Networks and Services)(Authorisation) Regulations 2003 (S.I. No. 306 of 2003)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Mobile Telephones)(Amendment) Order 2003 (S.I. No. 158 of 2003)

Wireless Telegraphy (Fixed Wireless Access Local Area Licence) Regulations 2003 (S.I. No. 79 of 2003)

Television Licences Regulations 2002 (S.I. No. 608 of 2002)

Wireless Telegraphy (Fixed Wireless Point To Multi-Point Access Licence) (Amendment) Regulations 2002 (S.I. No. 467 of 2002)

Wireless Telegraphy (Experimenter's Licence) Regulations 2002 (S.I. No. 450 of 2002)

Wireless Telegraphy (Mobile Radio Systems) Regulations 2002 (S.I. No. 435 of 2002)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Short Range Devices) Order 2002 (S.I. No. 405 of 2002)

Wireless Telegraphy (Third Generation and Gsm Mobile Telephony Licence) Regulations 2002 (S.I. No. 345 of 2002)

Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 300 of 2002)

Broadcasting (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 299 of 2002)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001)

Broadcasting (Receiving Licences) (Amendment) (No. 2) Regulations 2001 (S.I. No. 396 of 2001)

Broadcasting (Receiving Licences) (Amendment) Regulations 2001 (S.I. No. 349 of 2001)

European Communities (Radio Equipment and Telecommunications Terminal Equipment) Regulations 2001 (S.I. No. 240 of 2001)

Wireless Telegraphy (Uhf Television Programme Retransmission) (Amendment) Regulations 2001 (S.I. No. 190 of 2001)

Wireless Telegraphy (Carrigaline Uhf Television Programme Retransmission) (Amendment) Regulations 2001 (S.I. No. 189 of 2001)

Wireless Telegraphy (Teleport Facility) Regulations 2001 (S.I. No. 18 of 2001)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Fixed Satellite Receiving Earth Stations) Order 2000 (S.I. No. 273 of 2000)

Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations 2000 (S.I. No. 261 of 2000)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Mobile Satellite Earth Stations For Satellite Personal Communication Systems Operating in Bands Below 1 Ghz (S-Pcs<<1 Ghz)) Order 2000 (S.I. No. 173 of 2000)

Wireless Telegraphy (Gsm and Tacs Mobile Telephony Licence) Regulations 1999 (S.I. No. 442 of 1999)

Wireless Telegraphy (Uhf Television Programme Retransmission) Regulations 1999 (S.I. No. 348 of 1999)

Wireless Telegraphy (Carrigaline Uhf Television Programme Retransmission) Regulations 1999 (S.I. No. 347 of 1999)

Wireless Telegraphy (Fixed Wireless Point To Multi-Point Access Licence) Regulations 1999 (S.I. No. 287 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of (ii) Arcanet Suitcase Terminals) Order 1999 (S.I. No. 110 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Inmarsat Mini-M Terminals For Land Mobile Applications) Order 1999 (S.I. No. 109 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Ermes Paging Receivers) Order 1999 (S.I. No. 108 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Dcs 1800 Mobile Terminals) Order 1999 (S.I. No. 107 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Ems-Mssat Terminals For Land Mobile Applications) Order 1999 (S.I. No. 106 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Ems-Prodat Terminals For Land Mobile Applications) Order 1999 (S.I. No. 105 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of (i) Arcanet Suitcase Terminals) Order 1999 (S.I. No. 104 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Omnitracs Terminals For The Euteltracs System) Order 1999 (S.I. No. 103 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Inmarsat-M Terminals For Land Mobile Applications) Order 1999 (S.I. No. 102 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Inmarsat-C Terminals For Land Mobile Applications) Order 1999 (S.I. No. 101 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Inmarsat-D Terminals For Land Mobile Applications) Order 1999 (S.I. No. 100 of 1999)

Wireless Telegraphy (Programme Services Distribution) Regulations 1999 (S.I. No. 73 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Citizens' Band (Cb) Radios) Order 1998 (S.I. No. 436 of 1998)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Satellite Earth Stations For Satellite Personal Communication Services (S-Pcs)) Order 1998 (S.I. No. 214 of 1998)

European Communities (Telecommunications Licences) Regulations 1998 (S.I. No. 96 of 1998)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Short Range Business Radios) Order 1998 (S.I. No. 93 of 1998)

Wireless Telegraphy (GSM and TACS Mobile Telephony Licence) Regulations 1997 (S.I. No. 468 of 1997)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Cordless Telephones) Order 1997 (S.I. No. 410 of 1997)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Mobile Telephones) Order 1997 (S.I. No. 409 of 1997)

European Communities (Satellite Telecommunications Services) Regulations 1997 (S.I. No. 372 of 1997)

Broadcasting (Receiving Licences) (Amendment) Regulations 1996 (S.I. No. 249 of 1996)

Broadcasting (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 13 of 1993)

Wireless Telegraphy Act 1926. Wireless Telegraphy (Radio Link Licence) Regulations 1992 (S.I. No. 319 of 1992)

Wireless Telegraphy (Experimenter's Licence) (Amendment) Regulations 1992 (S.I. No. 132 of 1992)

Wireless Telegraphy (Business Radio Licence) (Amendment) Regulations 1992 (S.I. No. 114 of 1992)

Wireless Telegraphy (Television Programme Retransmission and Relay) Regulations 1991 (S.I. No. 252 of 1991)

Wireless Telegraphy (Television Programme Retransmission) Regulations 1989 (S.I. No. 39 of 1989)

Wireless Telegraphy (Community Repeater Licence) Regulations 1988 (S.I. No. 83 of 1988)

Wireless Telegraphy (Wired Broadcast Relay Licence) (Amendment) Regulations 1988 (S.I. No. 82 of 1988)

Wireless Telegraphy (Business Radio Licence) (Amendment) Regulations 1986 (S.I. No. 75 of 1986)

Wireless Telegraphy (Experimenter's Licence) (Amendment) Regulations 1986 (S.I. No. 74 of 1986)

Broadcasting (Receiving Licences) (Amendment) Regulations 1986 (S.I. No. 37 of 1986)

Wireless Telegraphy (Experimenter's Licence) (Amendment) Regulations 1985 (S.I. No. 85 of 1985)

Wireless Telegraphy (Business Radio Licence) (Amendment) Regulations 1985 (S.I. No. 84 of 1985)

Broadcasting (Receiving Licences) (Amendment) Regulations 1984 (S.I. No. 248 of 1984)

Postal and Telecommunications Services Act 1983 (Wireless Telegraphy) (No. 1) Order 1983 (S.I. No. 419 of 1983)

Wireless Telegraphy (Business Radio Licence) (Amendment) Regulations 1983 (S.I. No. 88 of 1983)

Wireless Telegraphy (Experimenter's Licence) (Amendment) Regulations 1983 (S.I. No. 87 of 1983)

Broadcasting (Receiving Licences) (Amendment) Regulations 1983 (S.I. No. 83 of 1983)

Wireless Telegraphy (Experimenter's Licence) (Amendment) Regulations 1982 (S.I. No. 74 of 1982)

Wireless Telegraphy (Business Radio Licence) (Amendment) Regulations 1982 (S.I. No. 73 of 1982)

 Wireless Telegraphy (Personal Radio Licence) Regulations 1982 (S.I. No. 8 of 1982)

Wireless Telegraphy (Experimenter's Licence) (Amendment) Regulations 1981 (S.I. No. 115 of 1981)

Wireless Telegraphy (Business Radio Licence) (Amendment) Regulations 1981 (S.I. No. 114 of 1981)

Broadcasting (Receiving Licences) (Amendment) Regulations 1980 (S.I. No. 359 of 1980)

Wireless Telegraphy (Experimenter's Licence) (Amendment) Regulations 1980 (S.I. No. 194 of 1980)

Wireless Telegraphy (Business Radio Licence (Amendment) Regulations 1980 (S.I. No. 193 of 1980)

 Broadcasting (Receiving Licences) (Amendment) Regulations 1978 (S.I. No. 319 of 1978)

Broadcasting (Receiving Licences) (Amendment) Regulations 1977 (S.I. No. 76 of 1977)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Wired Broadcast Relay Stations) Order 1976 (S.I. No. 200 of 1976)

Broadcasting (Receiving Licences) (Amendment) Regulations 1976 (S.I. No. 4 of 1976)

Broadcasting (Receiving Licences) (Amendment) Regulations 1974 (S.I. No. 270 of 1974)

Wireless Telegraphy (Wired Broadcast Relay Licence) Regulations 1974 (S.I. No. 67 of 1974)

Broadcasting (Receiving Licences) (Amendment) Regulations 1973 (S.I. No. 274 of 1973)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Sound Broadcasting Receivers) Order 1972 (S.I. No. 211 of 1972)

Broadcasting (Receiving Licences) (Amendment) Regulations 1972 (S.I. No. 210 of 1972)

Broadcasting (Receiving Licences) (Amendment) Regulations 1971 (S.I. No. 241 of 1971)

Broadcasting (Receiving Licences) (Amendment) Regulations 1970 (S.I. No. 141 of 1970)

Wireless Telegraphy (Control of Interference From Ignition Apparatus) Regulations 1963 (S.I. No. 223 of 1963)

Broadcasting (Receiving Licences) (Amendment) Regulations 1963 (S.I. No. 199 of 1963)

Wireless Telegraphy (Control of Interference From Electric Motors) Regulations 1963 (S.I. No. 108 of 1963)

Broadcasting (Receiving Licences) Regulations 1961 (S.I. No. 279 of 1961)

Wireless (Receiving Licences) (Amendment) Regulations 1961 (S.I. No. 174 of 1961)

Broadcasting Authority (Control of Interference) Order 1960 (S.I. No. 113 of 1960)

Wireless Telegraphy Act 1926. Wireless Telegraphy (Business Radio Licence) Regulations 1957 (S.I. No. 181 of 1957)

Wireless Telegraphy Act 1926. Wireless Telegraphy (Business Radio Licence) Regulations 1956 (S.I. No. 2 of 1956)

Wireless (Receiving Licences) (Amendment) (No. 3) Regulations 1953 (S.I. No. 55 of 1953)

Wireless Telegraphy Act 1926. Wireless Telegraphy (Experimenter's Licence) (Amendment) (No. 1) Regulations 1951 (S.I. No. 232 of 1951)

Wireless Telegraphy (Business Radio Licence) Regulations 1949 (S.I. No. 320 of 1949)

Wireless (Receiving Licences) (Amendment) (No. 2) Regulations 1949 (S.I. No. 282 of 1949)

Wireless (Receiving Licences) (Amendment) (No. 1) Regulations 1940 (S.I. No. 117 of 1940)

Wireless Telegraphy (Experimenter's Licence) Regulations 1937 (S.I. No. 330 of 1937)

Wireless (Receiving Licences) Regulations 1937 (S.I. No. 261 of 1937)

Regulations in regard to Wireless Receiving Licences 1927 (Amendment) Regulations 1934 (S.I. No. 249 of 1934)

Regulations in regard to Wireless Receiving Licences (No. 2) 1927 (S.I. No. 54 of 1927)

Orders for the Establishment of an Advisory Committee (S.I. No. 31 of 1927)

Regulations in regard to Wireless Receiving Licences 1927 (S.I. No. 1 of 1927)

All statutory instruments up to and including Wireless Telegraphy (Liberalised Use and Preparatory Licences in the 800 Mhz, 900 Mhz and 1800 Mhz Bands) (Amendment) Regulations 2024 (S.I. No. 380 of 2024), made 29 July 2024, were considered in the preparation of this revision.