UK Offence Report

Contravention of The Wireless Telegraphy (Mobile Repeater) (Exemption) Regulations 2022

the instrument as a whole of The Wireless Telegraphy (Mobile Repeater) (Exemption) Regulations 2022

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

Contravening this instrument is an offence under sections 35 and 36 of the Wireless Telegraphy Act 2006. The instrument itself contains no offence-creating words.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
Not determined

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Wireless Telegraphy (Mobile Repeater) (Exemption) Regulations 2022.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to sections 35 and 36 of the Wireless Telegraphy Act 2006.

the penalty is in the parent Act, not in this instrument.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
26 May 2022
In force from
16 June 2022
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations exempt the establishment, installation and use of certain wireless telegraphy stations or apparatus, known as “mobile repeaters”, which comply with certain terms, provisions and limitations, from the requirement to be licensed under section 8(1) of the Wireless Telegraphy Act 2006 (c.36). These Regulations also revoke the Wireless Telegraphy (Mobile Repeater) (Exemption) Regulations 2018 (c.399) (the “2018 Regulations”). The mobile repeaters that are exempted are those used indoors and those which are used in motor vehicles. Mobile repeaters which are used indoors must comply with either Regulations 5 to 12 (in which case, they are more commonly known as provider-specific mobile phone repeaters) or with Regulations 5 to 8 and Regulations 13 to 17 (in which case, they are more commonly known as multi-operator mobile phone repeaters). Mobile repeaters which are used in motor vehicles must comply with Regulation 18, which incorporates technical specifications and conditions set out in an interface requirement published by the Office of Communications (“Ofcom”). Within the European Union, interface requirements are published in accordance with Article 8.1 of Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment. The interface requirements are published by Ofcom and available to the public on its official website at https://www.ofcom.org.uk/ and from its library at Riverside House, 2a Southwark Bridge Road, London SE1 9HA. The ETSI standards referred to in the Regulations are European Union harmonised standards and are available to the public from the official website of the European Union at http://eur-lex.europa.eu/oj/direct-access.html or from the EU Bookshop (as managed by the Publications Office of the European Union) by emailing: bookshop@publications.europa.eu, or from the Publications Office of the European Union at 2 rue Mercier, 2985 Luxembourg, Luxembourg. The ETSI standards themselves are available to the public from ETSI on their website at http://www.etsi.org or from the ETSI Secretariat at 650 Route des Lucioles, 06560 Valbonne, Sophia-Antipolis CEDEX, France (Tel: +33 4 92 94 42 00). A full regulatory impact assessment of the effect of these Regulations is available to the public from Ofcom’s website at http://www.ofcom.org.uk or from the Ofcom library at Riverside House, 2a Southwark Bridge Road, London SE1 9HA. Copies of this assessment have also been placed in the library of the House of Commons.

Read the full note and every offence in this instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.52.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.52 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source