Wireless Telegraphy Act 1926
Definitions.
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.