106Definitions for sections 108 to 109C

1. For the purposes of sections 108 to 109C,—

   arbitral tribunal has the same meaning as in the Arbitration Act 1996

   claimant means—

   1. the rightholder or holder of a radio licence claiming harmful interference in the protection area of the claimant's licence; or
   2. the owner of a radionavigation receiver or a safety receiver claiming that harmful interference with reception by that receiver would endanger the functioning of a radionavigation service or other safety service

   respondent means the person whose lawful transmission of radio waves is alleged to be causing harmful interference in the claimant's protection area.

2. Where a person holds a radio licence that does not specify an area as a protection area, that person may proceed as a claimant if there is harmful interference in the area that the person considers would be the protection area of the licence, and that area is the protection area for that radio licence until such time as the arbitral tribunal determines otherwise in accordance with section 109A(2).

3. Despite the lack of a radio licence or the lack of a protection area specified in that radio licence, where that radio licence is for a radionavigation or safety service, the owner of the radionavigation receiver or a safety receiver may proceed as a claimant if there is harmful interference with reception by that receiver that endangers the functioning of that radionavigation service or safety service.