Citation and commencement

1. These Rules may be cited as the Wireless Telegraphy Appeal Tribunal Rules 1998 and shall come into force on 31st December 1998.

Interpretation

2. In these Rules (unless the context otherwise requires)-

"the Act" means the Wireless Telegraphy Act 1949;

"apparatus" means apparatus to which the Secretary of State's notice relates;

"appellant" means a person who requires a reference to be made;

"authorised advocate" shall be construed in accordance with section 119 of the Courts and Legal Services Act 1990(3);

"interested person" means a person who becomes a party to a reference by virtue of Rule 4;

"notice" means a notice in writing;

"notice requiring a reference" means a notice served on the Secretary of State requiring him to refer a matter to the tribunal pursuant to section 11(3) or section 12(2) of the Act;

"the President" means the person appointed to act as president of the tribunal in respect of proceedings in the relevant part of the United Kingdom pursuant to section 9(3) of the Act;

"reference" means a reference to the tribunal made by the Secretary of State pursuant to section 11(3) or 12(2) of the Act;

"Secretary of State's notice" means a notice given by the Secretary of State pursuant to section 11(1) or 12(1) of the Act;

"serve" includes serving by registered post; and

"tribunal" means the Wireless Telegraphy Appeal Tribunal established or to be established under section 9 of the Act.

Notice requiring a reference to the tribunal

3.-(1) A notice requiring a reference shall be served on the Secretary of State and shall state-

(a)the name and address of the appellant;

(b)the address in the United Kingdom at which documents relating to the reference may be served;

(c)the place at which the apparatus is normally kept;

(d)the grounds on which the Secretary of State's notice is to be challenged; and

(e)in the case of a notice served under section 11(3) of the Act, the interest of the appellant in the apparatus.

(2) Upon receipt of a notice requiring a reference the Secretary of State shall, subject to the provisions of sections 11(3) and 12(2) of the Act, refer the matter to the tribunal by serving a copy of the notice on the President and thereupon the Secretary of State and the appellant shall become parties to the reference.

Interested persons

4.-(1) A person may become a party to a reference pursuant to section 11(4) or 12(3) of the Act if, not less than 21 days before the date fixed for the hearing of the reference, he serves on the Secretary of State a notice stating that he desires to be heard on the reference. On receipt of the notice the Secretary of State shall serve a copy on the President and on the appellant.

(2) The notice shall state-

(a)the name and address of the interested person;

(b)the address in the United Kingdom at which documents relating to the reference may be served; and

(c)particulars of the interest in the reference.

Request for specially qualified assessors

5.-(1) A request to the President of the Institution of Electrical Engineers to appoint one or two specially qualified assessors pursuant to section 9(4) of the Act shall be made by notice signed by the parties to the reference other than the Secretary of State and served on the President of the said Institution not later than 14 days after the date of service of the notice requiring a reference, or where there is an interested person not later than 14 days after that person served a notice pursuant to Rule 4(1).

(2) A copy of the notice shall also be served on the Secretary of State and on the President.

Request for additional members

6.-(1) A request to the Lord Chancellor in the case of proceedings in England and Wales or the Secretary of State in the case of proceedings in Scotland or Northern Ireland to appoint two additional members of the tribunal pursuant to section 9(5) of the Act shall be made by notice served on the Lord Chancellor or the Secretary of State as the case may be-

(a)in the case of a reference, not later than 14 days after the date of service of the notice requiring a reference; and

(b)in the case of an application under section 11(5) of the Act, not later than 7 days after the date of service of the application.

(2) Notwithstanding the provisions of Rule 6(1) a notice may be served by an interested person not later than 14 days after the date of service of a notice pursuant to Rule 4(1) and by the President at any time.

(3) A copy of the notice shall be served-

(a)in the case of a request by the President, on all parties to the reference;

(b)in the case of a request by the Secretary of State, on the President and on all other parties to the reference; and

(c)in the case of a request by a party other than the Secretary of State, on the Secretary of State who shall thereupon serve copies on the President and on all other parties to the reference.

Time and place of hearing

7.-(1) The President shall fix a date, time and place for the hearing of the reference and shall serve notice thereof on the parties to the reference not less than 28 days before the date so fixed.

(2) The President may, if it appears expedient to do so, vary the time and place of the hearing and shall give such notice of the variation to the parties as seems reasonable to him in the circumstances.

(3) The President shall, as soon as practicable, publish the date, time and place of the hearing, and any variation thereof, in the London, Belfast or Edinburgh Gazette as appropriate.

Withdrawal of reference

8.-(1) An appellant may at any time before the hearing serve on the Secretary of State a notice that he desires the reference to be withdrawn, and upon receipt of the notice the reference shall be cancelled and the Secretary of State shall inform the President and all other parties to the reference accordingly.

(2) Cancellation of the reference shall not prejudice the powers of the tribunal with respect to costs and expenses.

Rights of audience

9. In any proceedings before the tribunal-

(a)the Secretary of State may appear and be heard by an authorised advocate or by any person authorised to act on his behalf; and

(b)any other party to the reference may appear and be heard either in person or by an authorised advocate or by any person authorised to act on his behalf.

The hearing

10.-(1) Except as provided in these Rules and the Act the procedure at the hearing shall be such as the President may determine and after consulting the other members of the tribunal if he thinks fit.

(2) The tribunal shall sit in public unless the President determines that, in the interests of national security or on the ground of commercial confidentiality, the hearing or any part of it should be held in private.

(3) The tribunal may at any time and from time to time adjourn the hearing.

(4) Witnesses may be called by the Secretary of State, by the appellant and, with the leave of the tribunal, by any interested person.

(5) Witnesses may be cross-examined by the Secretary of State, by the appellant and, with the leave of the tribunal, by any interested person.

(6) Evidence shall be given orally provided that if the parties consent or the tribunal so direct, evidence may be given by affidavit.

(7) The tribunal shall not be bound to reject evidence on the ground only that the evidence would be inadmissible in a court of law.

(8) Whether or not the hearing is held in public, a member of the Council on Tribunals or its Scottish Committee is entitled to attend the hearing and may remain present during the deliberations of the tribunal, but must not take part in the deliberations.

Decision of tribunal

11.-(1) The decision of the tribunal shall be stated in writing and be signed by the President.

(2) The written statement of the decision shall include the facts as found by the tribunal and the reasons for the decision.

(3) The President shall cause a copy of the decision to be sent to each party to the reference.

Interlocutory directions and orders

12.-(1) The President may on the application of any party at the hearing or by notice before the hearings and after consulting the other members of the tribunal if he thinks fit, give such directions or orders of an interlocutory nature as he may consider just and expedient.

(2) An application for an interlocutory direction or order before the hearing shall be by notice served-

(a)in the case of an application by the Secretary of State, on the President and on all other parties to the reference; and

(b)in the case of an application by a party other than the Secretary of State, on the Secretary of State who shall thereupon serve copies on the President and on all other parties to the reference.

(3) The President may, if he thinks fit after giving the parties the opportunity to object, give such directions and make such orders as are mentioned in paragraph (1) of this Rule without an application having been made by any party in that behalf.

(4) The President may, on the application of any party, extend any time limit imposed by these Rules subject to such terms (if any) as may seem just to him.

Determination of question under section 11(5)

13.-(1) An application for a determination of the tribunal under section 11(5) of the Act shall be made by notice served-

(a)in the case of an application by the Secretary of State, on the President and on all other parties to the reference; and

(b)in the case of an application by a person other than the Secretary of State, on the President who shall thereupon serve copies on the other parties to the reference.

(2) The notice shall state the grounds upon which the application is made and, in the case of an application made by a person other than the Secretary of State, shall also state-

(a)the name and address of the applicant;

(b)the address in the United Kingdom at which documents relating to the applicant may be served; and

(c)the nature of the applicant's interest in the apparatus.

(3) Upon the service of a notice of application the applicant, the Secretary of State and all other parties to the reference shall become parties to the application and the application shall proceed as if it were a reference and the applicant (not being the Secretary of State) were an appellant.

Explanatory Note

(This note is not part of the Rules)

These Rules set out the procedure for the conduct of proceedings before the appeal tribunal ("the tribunal") established under section 9 of the Wireless Telegraphy Act 1949 ("the 1949 Act") (c.54).

The tribunal hears appeals against notices served by the Secretary of State pursuant to sections 11(1) and 12(1) of the 1949 Act regarding non-compliance with regulations made under section 10 of the 1949 Act. Those regulations prescribe requirements in respect of the use and marketing of specified apparatus to ensure that such apparatus does not cause undue interference with wireless telegraphy.

These Rules make provision, inter alia, for:

(a)notices served on the Secretary of State requiring a reference to the tribunal (Rule 3);

(b)interested persons to become a party to a reference to the tribunal (Rule 4);

(c)a request for specially qualified assessors to be appointed (Rule 5);

(d)a request for additional members of the tribunal to be appointed (Rule 6);

(e)the procedure at the hearing of the tribunal (Rule 10); and

(f)the decision of (Rule 11) and interlocutory directions and orders of the tribunal (Rule 12).