UK Statutory Instrument
2017
United Kingdom
Radio Equipment Regulations 2017
At a glance
Enforced by
What's here
113 compliance obligations, 3 practical guides across 2 topics
Penalty landscape
10 of 113 obligations carry imprisonment (3 months). 3 carry different penalties and 100 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Manufacturer 46
- Any Person 22
- Licence Holder 10
- Operator 7
- Distributor 5
- Employer 1
- Director or Officer 1
Plus 21 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Supporting — topic alignment
3 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Manufacturers also bound by 472 other Acts (top 5 shown)
- Pressure Equipment (Safety) Regulations 2016 2016 91 duties
- Lifts Regulations 2016 2016 70 duties
- The Ecodesign for Energy-Related Products and Energy Information Regulations 2021 2021 70 duties
- Non-Automatic Weighing Instruments Regulations 2016 2016 67 duties
- Pyrotechnic Articles (Safety) Regulations 2015 2015 64 duties
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Licence Holders also bound by 221 other Acts (top 5 shown)
- Petroleum (Current Model Clauses) Order 1999 1999 317 duties
- The Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 2004 123 duties
- Human Medicines Regulations 2012 2012 76 duties
- Space Industry Regulations 2021 2021 68 duties
- The Petroleum (Production) (Landward Areas) Regulations 1991 1991 65 duties
Operators also bound by 730 other Acts (top 5 shown)
- Regulation (EU) No 965/2012 (Air Operations) 2012 138 duties
- Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (Text with EEA relevance) 2018 121 duties
- Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance) (repealed) 2012 112 duties
- Space Industry Regulations 2021 2021 75 duties
- Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (Text with EEA relevance) 2016 66 duties
Distributors also bound by 177 other Acts (top 5 shown)
- The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 2017 28 duties
- The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 2017 26 duties
- The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 2017 25 duties
- Electricity Safety, Quality and Continuity Regulations 2002 2002 21 duties
- THE ELECTRICITY SAFETY, QUALITY AND CONTINUITY REGULATIONS (NORTHERN IRELAND) 2012 2012 19 duties
Employers also bound by 694 other Acts (top 5 shown)
- The Income Tax (Pay As You Earn) Regulations 2003 2003 236 duties
- Provision and Use of Work Equipment Regulations 1998 1998 120 duties
- TULRCA 1992 1992 72 duties
- Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 1996 52 duties
- Income Tax (Earnings and Pensions) Act 2003 2003 50 duties
Directors and Officers also bound by 425 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 161 duties
- Companies Act 2006 2006 108 duties
- Insolvency Act 1986 1986 72 duties
- The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 2008 55 duties
- The Housing Administration (England and Wales) Rules 2018 2018 26 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — Preliminary
Browse 6 other sections in this Part — procedural / definitional / commencement
Citation and commencement
Interpretation and application
Scope
Exception for trade fairs and exhibitions
Putting into service and use
Designated standard
Part 2 — Obligations of economic operators
Essential requirements
- Ensure radio equipment meets safety and interference standards Manufacturer
Design and manufacture in accordance with essential requirements
- Ensure radio equipment meets essential requirements before placing on market Manufacturer
Construction must allow operation without infringement of requirements
- Design radio equipment to avoid illegal spectrum use Manufacturer
Technical documentation and conformity assessment
- Prepare technical documentation and carry out conformity assessment before selling radio equipment Manufacturer
Declaration of conformity and UK marking
- Create a declaration of conformity and apply UK marking to radio equipment Manufacturer
Retention of technical documentation and ... declaration of conformity
- Keep radio equipment technical records and declarations for 10 years Manufacturer
Identification of the radio equipment and manufacturer
- Label radio equipment with identification and manufacturer details Manufacturer
Instructions and information to be included with the radio equipment
- Include instructions, safety data, and technical info with radio equipment Manufacturer
Information to be included where there are restrictions on putting into service or requirements for authorisation of use
- Include restriction details in radio equipment instructions Manufacturer
Duty to take action in respect of radio equipment placed on the market which is considered not to be in conformity
- Fix, withdraw, or recall non-compliant radio equipment Manufacturer
Provision of information and cooperation
- Provide information and cooperate with OPSS to demonstrate radio equipment conformity Manufacturer
Compliance procedures for series production
2 years imprisonment- Maintain compliance procedures for mass-produced radio equipment Manufacturer
Monitoring
- Monitor radio equipment risks and maintain a complaints register Manufacturer
Authorised representatives
- Appoint an authorised representative in writing Manufacturer
Prohibition on placing on the market radio equipment which is not in conformity
3 months imprisonment- Place non‑conforming radio equipment on the market Any Person
Requirements which must be satisfied before an importer places radio equipment on the market
- Verify compliance before importing radio equipment Manufacturer
Prohibition on placing on the market radio equipment considered not to be in conformity with the essential requirements
3 months imprisonment- Place non‑conforming radio equipment on the market Any Person
Information identifying importer
- Mark radio equipment with importer name and contact address Manufacturer
Instructions and safety information
- Provide clear English instructions and safety info with radio equipment Manufacturer
Storage and transport
- Protect radio equipment during storage and transport Manufacturer
Monitoring
- Monitor the safety and compliance of imported radio equipment Manufacturer
Duty to take action in respect of radio equipment placed on the market which is considered not to be in conformity
3 months imprisonment- Fix, withdraw, or recall non-compliant radio equipment Manufacturer
Retention of technical documentation and ... declaration of conformity
- Keep technical and compliance records for radio equipment for 10 years Manufacturer
Provision of information and cooperation
- Provide information and cooperate with enforcement authorities Manufacturer
Duty to act with due care
- Ensure radio equipment meets safety and technical standards Distributor
Requirements which must be satisfied before a distributor makes radio equipment available on the market
- Verify radio equipment compliance before selling Distributor
Prohibition on making available on the market where radio equipment not considered to be in conformity with the essential requirements
2 years imprisonment- Supplying non-compliant radio equipment or failing to report risks Any Person
Storage and transport
3 months imprisonment- Maintain safe storage and transport for radio equipment Distributor
Duty to take action in respect of radio equipment made available on the market which is not in conformity
- Fix, withdraw, or recall non-compliant radio equipment Distributor
Provision of information and cooperation
- Provide information and cooperate with the enforcing authority Distributor
Translation of declaration of conformity
- Translate the declaration of conformity into the local language Operator
Identification of economic operators
- Identify your suppliers and customers when asked by the regulator Operator
Requirement to offer common charger radio equipment without a charging device
- Offer radio equipment without a charging device and use correct pictograms Operator
Prohibition on improper use of UK marking
3 months imprisonment- Affix improper UK marking on radio equipment Any Person
Browse 8 other sections in this Part — procedural / definitional / commencement
Cases in which obligations of manufacturers apply to importers and distributors
Further use of UK marking
Obligations which are met by complying with obligations in the Directive
Power to amend R14(2)(b) and specify how information is to be presented
Power to require registration of radio equipment
Power to specify additional essential requirements
Provision of information on compliance of combinations of radio equipment and software
Qualifying Northern Ireland Goods
Part 3 — Conformity assessment
Conformity assessment procedures
- Perform a conformity assessment of radio equipment Manufacturer
Declaration of conformity
3 months imprisonment- Prepare and provide a formal Declaration of Conformity for radio equipment Manufacturer
Simplified ... declaration of conformity
- Ensure simplified declarations of conformity meet legal structures Manufacturer
UK(NI) indication
- Affix the UK(NI) indication to radio equipment for Northern Ireland Manufacturer
Register of notified bodies established in the United Kingdom
Other duties (1) — Crown / regulator
- Secretary of State must maintain a register of UK notified bodies Crown / Minister / Government department
UK marking
- Affix the UK marking to radio equipment Manufacturer
Technical documentation
- Create and maintain technical documentation for radio equipment Manufacturer
Browse 1 other section in this Part — procedural / definitional / commencement
Part 4 — Approval of conformity assessment bodies
Monitoring
Other duties (1) — Crown / regulator
- Secretary of State must monitor approved bodies Crown / Minister / Government department
Restriction, suspension or withdrawal of approval
- Approved bodies must transfer or retain files if approval is withdrawn Licence Holder
Operational matters in relation to approved bodies
- Approved bodies must follow assessment procedures and offer an appeals process Licence Holder
Subsidiaries and contractors
- Manage subcontracting of conformity assessments and keep records for 10 years Licence Holder
Register of approved bodies
Other duties (1) — Crown / regulator
- Secretary of State must maintain a public register of approved bodies Crown / Minister / Government department
Browse 4 other sections in this Part — procedural / definitional / commencement
Part 5 — Market surveillance and enforcement
Designation of market surveillance authorities
Other duties (1) — Crown / regulator
- Local authorities must conduct market surveillance on radio equipment Local authority
Designation of enforcing authorities
Other duties (1) — Crown / regulator
- Ofcom, Local Authorities, and the Secretary of State must enforce radio rules Statutory regulator
Exercise of enforcement powers
Other duties (1) — Crown / regulator
- OPSS must follow specific procedures when enforcing radio equipment rules Statutory regulator
Evaluation of radio equipment presenting a risk
Other duties (1) — Crown / regulator
- OPSS must evaluate radio equipment suspected of presenting a risk Statutory regulator
Enforcement action in respect of radio equipment which is not in conformity and which presents a risk
3 months imprisonmentOther duties (1) — Crown / regulator
- OPSS must order corrective action for non-compliant radio equipment Statutory regulator
EU safeguard procedure
Other duties (1) — Crown / regulator
- OPSS must ensure faulty radio equipment is recalled or withdrawn in NI Statutory regulator
Enforcement action in respect of radio equipment which is in conformity, but presents a risk
3 months imprisonmentOther duties (1) — Crown / regulator
- OPSS must require safety measures even if radio equipment meets standards Statutory regulator
Restrictive measures
Other duties (1) — Crown / regulator
- OPSS must follow specific procedures when taking restrictive enforcement action Statutory regulator
Offences
2 years imprisonment- Fail to comply with radio equipment regulations or recall notice Any Person
Penalties
3 months imprisonment- Breach of radio equipment regulation 65 Any Person
Liability of persons other than principal offender
3 months imprisonment- Be liable for another's radio equipment offence Director or Officer
Appeals against notices
- Appeal against an enforcement notice relating to radio equipment Operator
Browse 9 other sections in this Part — procedural / definitional / commencement
Enforcement powers
Enforcement action in respect of formal non-compliance
Defence of due diligence
Time limit for prosecution of offences
Service of documents
Recovery of expenses of enforcement
Action by enforcing authority
Appropriate court for appeals against notices
Compensation
Part 6 — Miscellaneous
Browse 12 other sections in this Part — procedural / definitional / commencement
Review
Transitional provision
Revocations and savings
Consequential and other amendments
(1) The Consumer Rights Act 2015 is amended as follows....
(1) The Electromagnetic Compatibility Regulations 2016 are amended as follows....
(1) The Pressure Equipment (Safety) Regulations 2016 are amended as...
(1) The Simple Pressure Vessels (Safety) Regulations 2016 are amended...
(1) The Electrical Equipment (Safety) Regulations 2016 are amended as...
(1) The Recreational Craft Regulations 2017 are amended as follows....
Transitional provision for common charger radio equipment
Transitional provision in relation to EU Exit
Schedules
Simplified EU declaration of conformity
- Include a simplified declaration of conformity with radio equipment Manufacturer
Notified Approved body requirements
- Meet requirements for approval as a radio equipment assessment body Any Person
Operational obligations of notified approved bodies
- Approved bodies must assess radio equipment and monitor manufacturers Licence Holder
Information in relation to charging capabilities and compatible charging devices
- Provide charging capability information for radio equipment Manufacturer
Label in relation to charging capabilities and compatible charging devices.
- Label radio equipment with charging power and protocol details Operator
Subject to paragraphs 2 to 6, an economic operator who...
- Label common charger radio equipment with charging capabilities Operator
Pictograms indicating whether a charging device is or is not included with the common charger radio equipment
- Use correct pictograms for radio equipment charging status Manufacturer
Technical documentation
- Prepare technical documentation for radio equipment Manufacturer
Manufacturing
- Ensure manufacturing process and monitoring comply with technical documentation and essential requirements Manufacturer
UK marking and ... declaration of conformity
- Affix UK marking and keep declaration of conformity for radio equipment Manufacturer
Manufacturing
- Ensure your manufacturing process matches the approved radio type Manufacturer
UK marking and ... declaration of conformity
- Affix UK marking and maintain declaration of conformity Manufacturer
(1) The manufacturer must lodge an application for Type examination...
- Lodge a Type examination application with a single approved body Manufacturer
The approved body must examine the technical documentation and supporting...
Other duties (1) — Crown / regulator
- Approved body must examine technical documentation for type examination Statutory regulator
The approved body must draw up an evaluation report that...
Other duties (1) — Crown / regulator
- Approved body must keep evaluation report confidential without manufacturer's consent Statutory regulator
(1) Where the type meets the requirements of these Regulations...
Other duties (1) — Crown / regulator
- Approved body must issue Type examination certificate or refuse with reasons Statutory regulator
(1) The approved body must keep itself appraised of any...
- Notify approved body of changes to your radio equipment design Manufacturer
(1) Each approved body must inform the Secretary of State...
Other duties (1) — Crown / regulator
- Approved bodies must report on Type examination certificates and keep records Statutory regulator
The manufacturer must keep a copy of the Type examination...
- Keep type examination certificates and technical documentation for 10 years Manufacturer
Manufacturing
- Operate an approved quality system for radio equipment Manufacturer
Quality system
- Apply for and maintain an approved quality system for radio equipment Manufacturer
Surveillance under the responsibility of the approved body
- Allow the approved body to access your sites and records for surveillance Manufacturer
UK marking and ... declaration of conformity
- Affix UK marking and keep declaration of conformity Manufacturer
The manufacturer must, for a period ending 10 years after...
- Keep technical and quality documentation for 10 years after placing on market Manufacturer
(1) Each approved body must inform the Secretary of State...
Other duties (1) — Crown / regulator
- Approved bodies must report quality system approvals to the Secretary of State and other bodies Statutory regulator
(1) A conformity assessment body must have legal personality and...
- Conformity assessment bodies must be legal entities established in the UK or CPTPP territory Any Person
A conformity assessment body must have the means necessary to...
- Conformity assessment body must have necessary resources for assessments Any Person
The personnel responsible for carrying out the conformity assessment activities...
- Ensure staff doing conformity assessments are properly qualified Any Person
A conformity assessment body must be able to demonstrate the...
- Demonstrate impartiality of management and assessment staff Any Person
The remuneration of the top level management and the personnel...
- Do not link remuneration to number or results of conformity assessments Any Person
A conformity assessment body must have, and must satisfy the...
- Maintain adequate civil liability insurance as a conformity assessment body Any Person
A conformity assessment body must ensure that its personnel observe...
- Ensure personnel observe professional secrecy and protect proprietary rights Employer
A conformity assessment body must participate in, or ensure that...
- Participate in standardisation activities and apply coordination group guidance Any Person
(1) A conformity assessment body must be a third-party body...
- Conformity assessment bodies must be independent of the radio equipment they assess Any Person
(1) A conformity assessment body, its top level management and...
- Conformity assessment bodies must remain independent of the equipment they assess Any Person
A conformity assessment body, its top level management and the...
- Conformity assessment bodies must not be involved in the design, manufacture, marketing, installation, use or maintenance of assessed radio equipment Any Person
A conformity assessment body, its top level management and the...
- Do not engage in activities that conflict with assessment independence Any Person
A conformity assessment body must ensure that the activities of...
- Ensure subsidiaries and subcontractors don't compromise your impartiality Any Person
A conformity assessment body and its personnel must carry out...
- Perform conformity assessments with integrity and competence Any Person
A conformity assessment body must be capable of carrying out...
- Ensure your conformity assessment body can perform all approved activities Any Person
A conformity assessment body must have at its disposal—
- Maintain competent personnel, documented procedures, and clear policies for conformity assessment Any Person
An approved body must carry out conformity assessments in accordance...
- Approved and notified bodies must follow prescribed conformity assessment procedures Licence Holder
An approved body must inform the Secretary of State of—...
- Approved and notified bodies must report certain events to the Secretary of State Licence Holder
An approved body must make provision in its contracts with...
- Include appeal rights in contracts for Type examination or quality decisions Licence Holder
An approved body must, in accordance with the requirements in...
- Share conformity assessment results with other approved bodies Licence Holder
An approved body must participate in the work of any...
- Approved bodies must participate in coordination groups Licence Holder
An approved body must fulfil any information obligations under Schedules...
- Approved and notified bodies must provide information under Schedules 3 and 4 Licence Holder
An approved body must carry out conformity assessments in a...
Other duties (1) — Crown / regulator
- Approved bodies must assess fairly without overburdening you Statutory regulator
A conformity assessment body must perform its activities taking due...
Other duties (1) — Crown / regulator
- Conformity assessment bodies must consider your business size and production nature Statutory regulator
A conformity assessment body must respect the degree of rigour...
- Conformity assessment bodies must ensure radio equipment meets required standards Manufacturer
Where an approved body finds that the essential requirements or...
- Take corrective measures when required by an approved body Manufacturer
Where, in the course of the monitoring of conformity following...
Other duties (1) — Crown / regulator
- Approved body must demand corrective action and may suspend or withdraw certificates Statutory regulator
Where the approved body has required a manufacturer to take...
Other duties (1) — Crown / regulator
- Approved body must restrict, suspend or withdraw certificates when manufacturer fails corrective measures Statutory regulator
Where this paragraph applies, the approved body must—
Other duties (1) — Crown / regulator
- Approved body must give notice and right to make representations before refusing or restricting certification Statutory regulator
Recall notice
- Comply with a recall notice for non-compliant radio equipment Operator
Browse 51 other Schedules — structural / supplementary
Conformity assessment module A
(1) Radio equipment used by radio amateurs within the meaning...
Marine equipment falling within the Merchant Shipping (Marine Equipment) Regulations...
Airborne products, parts and appliances falling within the scope of...
Custom-built evaluation kits destined for professionals to be used solely...
For all common charger radio equipment, the information set out...
The information referred to in paragraph 1 consists of a...
For common charger radio equipment that is capable of being...
The information referred to in paragraph 3 consists of a...
The information referred to at paragraphs 1, 2, 3 and...
The letters “XX” must be replaced by the figure corresponding...
The letters “YY” must be replaced by the figure corresponding...
The abbreviation “ USB PD ” (USB Power Delivery) must...
The label may vary in appearance (for example as to...
If the label is reduced or enlarged, the proportions set...
The pictogram to be used where a charging device is...
The pictogram to be used where a charging device is...
The pictogram may vary in appearance (for example as to...
If the pictogram is reduced or enlarged, the proportions set...
The pictogram must be printed onto the packaging or affixed...
Where the common charger radio equipment is made available by...
Internal production control is the conformity assessment procedure whereby the...
Authorised representatives
Type examination
The manufacturer's authorised representative may lodge the application referred to...
Conformity to type based on internal production control
Authorised representative
Type examination must be carried out by assessment of the...
Conformity based on full quality assurance
Authorised representative
The technical documentation must, wherever applicable, contain at least the...
Radio equipment (product, type, batch or serial number):
Name and address of the manufacturer or his authorised representative:...
This declaration of conformity is issued under the sole responsibility...
Object of the declaration (identification of the radio equipment allowing...
The object of the declaration described above is in conformity...
References to the relevant designated standards used or references to...
Where applicable, the approved body (name, number) performed (description of intervention) and issued the...
Where applicable, description of accessories and components, including software, which...
The simplified EU declaration of conformity referred to in regulation...
Hereby, [Name of manufacturer] declares that the radio equipment type...
The full text of the EU declaration of conformity is...
Paragraph 15 does not prevent the personnel from providing information...
Paragraph 9 applies where an approved body is minded to—...
Enforcement powers under the 1987 Act
Modifications to the 1987 Act
Application of Schedule 5 to the Consumer Rights Act 2015
Compliance notice
Withdrawal notice
Interpretation
When reference is made to this Schedule, the conformity assessment...
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Radio Equipment Regulations 2017: Great Britain (opens in a new tab) from OPSS Detailed Guidance
- Radio Equipment Regulations 2017: Northern Ireland (opens in a new tab) from OPSS Detailed Guidance
- Radio equipment regulations guidance (opens in a new tab) from Ofcom Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Office for Product Safety and Standards
Product safety regulator responsible for ensuring consumer products are safe. Enforces product safety regulations, UKCA marking requirements, and works with market surveillance …
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Regulators
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