Wireless Telegraphy Act 1926
Restrictions on user of apparatus for wireless telegraphy.
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.