Wireless Telegraphy Act 1926

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.