RA Logo

Authority for the Reception of Private Radio Messages Code of Practice

*

General

  1. Section 5(1)(b) of the Wireless Telegraphy Act 1949 provides that it is an offence if any person:
    "otherwise than under the authority of a designated person, either
    1. uses any wireless telegraphy apparatus with intent to obtain information as to the contents, sender or addressee of any message (whether sent by means of wireless telegraphy or not) of which neither the person using the apparatus nor a person on whose behalf he is acting is an intended recipient, or
      2.
    2. except in the course of legal proceedings or for the purpose of any report thereof, discloses any information as to the contents, sender or addressee of any such message, being information which would not have come to his knowledge but for the use of wireless telegraphy apparatus by him or by another person.".
      3.
  2. This Code of Practice provides guidance on the procedures the Radiocommunications Agency will apply when considering an application for an authority to intercept private radio communications. No authority will be granted in respect of any conduct which, if engaged in without lawful authority, constitutes an offence under sections 1(1) or 1(2) of the Regulation of Investigatory Powers Act 2000 (those sections relate to the interception of public and private telecommunications) or if the conduct is capable of being authorised by an authorisation granted by any person under Part II of that Act (which relates to authority for surveillance).
    3.

Authorities

  1. The Agency's Chief Executive and Director of the Customer Services Executive (and, when they are both absent from the Agency's principal establishment, any other Director of the Agency) are designated under the Wireless Telegraphy (Interception and Disclosure of Messages) (Designation) Regulations 2000 as persons who may give authority.
    2.
  2. An authority will only be given if the Agency is satisfied that what is sought to be achieved is necessary and that the degree of infringement of the privacy of those affected by interception is proportionate.
    3.
  3. Authorities will only be issued to bodies who have a statutory duty to enforce legislative provisions, the breach of which constitutes an offence. An authority will be issued to such a body where the Agency is satisfied that the authority is necessary, and proportionate, to enable the investigation of a specific offence. No authority will be issued for the purpose of investigating whether an offence may be taking place or for intelligence gathering purposes.
    4.

Format of authority

  1. The authority will be issued to the body making the application. It will specify the authority number, the name of the radio user whose communications are to be intercepted, the frequencies of the radio system operated by the radio user and the expiry date of the authority.
    2.
  2. Following expiry of an authority the Agency will only consider renewing the authority where it can be demonstrated that failure to renew will prejudice a live investigation of a criminal offence.
    3.

Records

  1. A record will be maintained of:
    1. all applications made for authorities, including applications for renewal;
    2. a copy of each authority issued;
      3.
    3. a copy of the grounds given for refusing any application;
      4.
    4. the date of issue and expiry of each authority.
      5.

Radiocommunications Agency staff

  1. Certain Radiocommunications Agency staff have standing authority to intercept radio communications. This is for the purpose of their work in issuing licenses, investigating interference and investigating offences under the Wireless Telegraphy Acts and associated legislation. Those officers so authorised carry personal authority to this effect.
    2.

Complaints

  1. A radio user whose radio communications have been authorised to be intercepted may address any complaint about the issue of the authority in the first instance to:

    The Chief Executive
    Radiocommunications Agency
    Wyndham House
    189 Marsh Wall
    London E14 9SX
    Tel: 020 7211 0211
    Fax: 020 7211 050

Up Image Top

*

RA 376
September 2000
 RA Home Page