Commentary on Sections Section 2: Safeguards
20.This section sets out the safeguards which apply in relation to the granting of authorisations under section 1.
21.Subsection (1) provides that, before an authorisation can be granted, the appropriate national authority must be satisfied that the equipment that will be used as a result of the authorisation is fit for purpose. In addition, under subsection (2) where an authorisation is granted, the relevant national authority must inform OFCOM of the authorisation.
22.Subsection (3) requires a person in charge of a relevant institution who is authorised to interfere with wireless telegraphy under section 1 to act in accordance with any directions given under this section. It is intended that such directions would include compliance with any memorandum of understanding that may exist between the appropriate national authority, OFCOM and providers of the mobile telephone networks.
23.In accordance with subsection (4), certain directions must be given whenever an authorisation is granted, including directions regarding requirements to provide information to OFCOM; and about the circumstances in which the use of the equipment under the authorisation must be modified or discontinued (and, in particular, directions aimed at ensuring that the authorised interference will not result in disproportionate interference with wireless telegraphy outside the relevant institution). All directions must be given in writing (subsection (6)).