S.I. No. 261/1937 - Wireless Telegraphy Act, 1926.

STATUTORY RULES AND ORDERS. 1937. No. 261.

WIRELESS TELEGRAPHY ACT, 1926.

WIRELESS (RECEIVING LICENCES) REGULATIONS, 1937.

WHEREAS it is enacted by subsection (1) of Section 3 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), that, subject to certain exceptions, no person shall keep or have in his possession anywhere in Saorstát Éireann or in any ship or aircraft to which that section applies any apparatus for wireless telegraphy save in so far as such keeping or possession is authorised by a licence granted under that Act:

AND WHEREAS by Section 5 of the said Act the Minister for Posts and Telegraphs is empowered to grant licences to keep and have possession of apparatus for wireless telegraphy in any specified place in Saorstát Eireann or in any specified ship or other vessel or aircraft, and by Section 6 of the said Act the said Minister is empowered to make by order regulations prescribing divers matters in relation to such licences:

NOW, I, OSCAR TRAYNOR, Minister for Posts and Telegraphs, in exercise of the powers conferred on me by subsection (1) of Section 6 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), and of every and any other power me in this behalf enabling, and, so far as this Order relates to fees, with the consent of the Minister for Finance testified by his signature affixed hereto, do hereby by this Order make the following Regulations, that is to say:—

1.—(1) This Order and the Regulations hereby made may be cited as the Wireless (Receiving Licences) Regulations, 1937.

(2) This Order and the Regulations hereby made shall come into force on the first day of November, 1937.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these Regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

3.—(1) In these Regulations—

the expression "the Minister" means the Minister for Posts and Telegraphs,

the expression "the Act" means the Wireless Telegraphy Act, 1926 (No. 45 of 1926),

the word "ship" means a ship to which Section 3 of the Act applies,

the word "aircraft" means an aircraft to which Section 3 of the Act applies,

the expression "receiving licence" means a licence granted by the Minister under Section 5 of the Act to a person to keep and have possession, in any specified place in Saorstát Éireann or in any specified ship or in any specified aircraft, of apparatus for wireless telegraphy for receiving only.

(2) For the purposes of these Regulations, a vehicle shall itself be deemed to be a place separate and distinct from the premises in which such vehicle is ordinarily kept, and the word "place" and the expression "specified place" shall in these Regulations be construed accordingly.

4. Every receiving licence shall be in the form set out in the Schedule hereto.

5.—(1) Receiving licences shall be granted through the Post Office and shall be obtainable at any Money Order Post Office on application in writing on the form provided for that purpose by the Minister and payment of the fee (if any) prescribed by these Regulations.

(2) The Minister may at his absolute discretion refuse to grant a receiving licence to any particular person or in respect of any particular place, ship, or aircraft.

6.—(1) Save as is otherwise provided by this paragraph, a fee of ten shillings shall be paid on the grant of a receiving licence, and every such fee shall be paid in the Money Order Post Office in which and at the time when the receiving licence is obtained, and shall be so paid in cash or by cheque, Money Order, or Postal Order.

(2) No fee shall be charged or paid on the grant of a receiving licence to a person who—

(a) is blind and

(b) does not reside in a public or charitable institution, and

(c) either is in receipt, as a blind person, of a pension under Section 6 of the Old Age Pensions Act, 1932 (No. 18 of 1932), or is certified by the town clerk of a county borough or the chief executive officer of a board of health to be in receipt of assistance under a scheme made in pursuance of the Blind Persons Act, 1920, by the council of such county borough or by such board of health, as the case may be.

7.—(1) A receiving licence shall apply only to apparatus for wireless telegraphy which is designed and constructed solely for receiving communications and shall not apply to or authorise the keeping or having possession of any such apparatus which is used or is capable of being used for sending communications.

(2) A receiving licence shall apply only to apparatus for wireless telegraphy which is ordinarily kept in the place, ship, or aircraft specified in that behalf in such licence, but shall—

(a) in the case of a licence relating to a place, extend and apply to such apparatus while temporarily in another place for user in such other place by the licensee under such licence, or

(b) in the case of a licence relating to a ship, extend and apply to such apparatus while temporarily in another ship for user in such other ship by the licensee under such licence, or

(c) in the case of a licence relating to an aircraft, extend and apply to such apparatus while temporarily in another aircraft for user in such other aircraft by the licensee under such licence.

8. Every licensee under a receiving licence shall observe the following conditions, and such licence shall be deemed to have been granted subject to those conditions, that is to say:—

(a) such licensee shall permit an officer of the Minister authorised in that behalf by the Minister to enter at all reasonable hours the place, ship, or aircraft (as the case may be) to which such licence relates and there to inspect all apparatus for wireless telegraphy then in such place, ship, or aircraft;

(b) such licensee shall not work or use any apparatus kept under such licence in such manner that electro-magnetic radiation therefrom interferes with the working of or otherwise injuriously affects any apparatus for wireless telegraphy lawfully kept or worked by any other person;

(c) such licensee shall not divulge or allow to be divulged to any person (other than a duly authorised officer of the Government of Saorstát Éireann or a competent legal tribunal) or make any use whatsoever of any communication (other than matter broadcast for general public reception) received by means of apparatus kept under such licence;

(d) whenever such licensee changes permanently his postal address he shall forthwith give notice of such change (with full particulars of his new postal address) to the Postmaster of the Post Office at which such licence was obtained.

9.—(1) Every receiving licence (not being a licence granted by way of renewal) shall come into force on the day on which it was granted and shall, unless sooner revoked by the Minister under these Regulations, continue in force until the end of the eleventh month after the month in which it was granted.

(2) Every receiving licence granted by way of renewal of a previous receiving licence shall come into force at whichever of the following times is the later, that is to say, the expiration of such previous receiving licence or the grant of such renewal licence, and shall in every case, unless previously revoked by the Minister under these Regulations, continue in force from the time at which it so commences until the end of one year from the expiration of such previous receiving licence.

(3) A receiving licence shall be deemed to be granted by way of renewal of a previous receiving licence where such receiving licence—

(a) is granted to the person to whom such previous licence was granted, and

(b) relates to the same specified place, ship, or aircraft to which such previous receiving licence related, and

10. On the application of the licensee under a receiving licence, made through the Postmaster of the Post Office at which such receiving licence was obtained, the Minister may amend such receiving licence in such manner as appears to him to be proper in the circumstances and, in particular, may so amend such receiving licence by changing the place, ship, or aircraft (as the case may be) to which it relates.

11.—(1) Whenever the Minister is satisfied that the licensee under a receiving licence has failed to observe any of the conditions subject to which such licence was granted or has done, in respect of apparatus kept under such licence, any act (whether of commission or omission) which is a contravention of the Act or of these Regulations, the Minister may revoke such licence by notice in writing sent by post to such licensee at the place to which such licence relates.

(2) In addition to the power of revocation conferred by the next preceding sub-paragraph of this paragraph, the Minister may at any time at his absolute discretion:

(a) revoke any particular receiving licence by notice in writing sent by post to the licensee, in the case of a licence relating to a place which is not a vehicle, at the place to which such licence relates or, in any other case, at his postal address as stated in such licence or notified by him in pursuance of these Regulations, or

(b) by notice published in the Iris Oifigiúil, revoke all receiving licences for the time being in force or all such licences relating to places, ships, and aircraft within a specified district or area.

(3) The revocation of a receiving licence under this paragraph shall not operate to entitle the licensee under such licence to a refund of the fee or any part of the fee paid by him on the grant of such licence.

12.—(1) The Wireless Receiving Licences Regulations, 1927 to 1934, are hereby revoked.

(2) Every licence granted under the Wireless Receiving Licences Regulations, 1927 to 1934, which is in force immediately before the revocation of those Regulations shall be deemed to have been granted under these Regulations and shall, notwithstanding the said revocation, continue in force, unless sooner revoked under these Regulations, for so long as such licence would have continued in force if these Regulations had not been made.

SCHEDULE.

FORM OF RECEIVING LICENCE.

WIRELESS TELEGRAPHY ACT, 1926 .

FEE 10s.

WIRELESS (RECEIVING) LICENCE.

* Original.

* Renewal.

Name in full............................................................ ............................................................ ................................................

Postal Address in full............................................................ ............................................................ ..............................

The above-named person is hereby authorised subject to the Wireless Telegraphy Act, 1926 , and the Wireless (Receiving Licences) Regulations, 1937, to keep and have possession of apparatus for wireless telegraphy for receiving only

at............................................................ ............................................................ .................................................from the............................................................ .............day of......................................19..............to the......................day of................................... 19............

Issued on behalf of the Minister for

Posts and Telegraphs.

Date-stamp of Issuing Office.	Dated this............................................................ ..............day of.......................................19......
............................................................ ............................................................ .....Issuing Officer.

Note.—Extracts from the Wireless (Receiving Licences) Regulations, 1937, are printed on the back hereof.

*Strike out whichever word is not applicable.

(To be printed on back of Licence).

EXTRACT FROM THE WIRELESS (RECEIVING LICENCES) REGULATIONS, 1937.

"3.—(2) For the purposes of these Regulations, a vehicle shall itself be deemed to be a place separate and distinct from the premises in which such vehicle is ordinarily kept, and the word "place" and the expression "specified place" shall in these Regulations be construed accordingly.

(2) A receiving licence shall apply only to apparatus for wireless telegraphy which is ordinarily kept in the place, ship, or aircraft specified in that behalf in such licence, but shall—

(a) in the case of a licence relating to a place, extend and apply to such apparatus while temporarily in another place for user in such other place by the licensee under such licence, or

(b) in the case of a licence relating to a ship, extend and apply to such apparatus while temporarily in another ship for user in such other ship by the licensee under such licence, or

(c) in the case of a licence relating to an aircraft, extend and apply to such apparatus while temporarily in another aircraft for user in such other aircraft by the licensee under such licence.

8. Every licensee under a receiving licence shall observe the following conditions, and such licence shall be deemed to have been granted subject to those conditions, that is to say:—

Given under my Official Seal of Office, this 5th day of October, 1937.

(Signed) OSCAR TRAYNOR,

Minister for Posts and Telegraphs.

I consent to the foregoing Regulations, in so far as they relate to fees.

(Signed) SEÁN MACENTEE,

Minister for Finance.

Dated this 22nd day of September, 1937.