Wireless Telegraphy Act 1949 (repealed)

6 Territorial extent of preceding provisions. U.K.

(1) Subject to the provisions of this section, the preceding provisions of this Part of this Act shall apply—

(a) to all stations and apparatus in or over, or for the time being in or over, the United Kingdom to the territorial waters adjacent thereto; and

(b) subject to any limitations which the [F1 Secretary of State] may by regulations determine, to all stations and apparatus on board any . . . F2 ship or . . . F2 aircraft which is registered in the United Kingdom but is not for the time being in or over the United Kingdom or the said territorial waters; and

(c) subject to any limitations which the [F1 Secretary of State] may by regulations determine, to all apparatus which is not in or over the United Kingdom or the said territorial waters but was released from within the United Kingdom or the said territorial waters, or from any . . . F2 ship or . . . F2 aircraft which is registered in the United Kingdom,

and, without prejudice to the liability of any other person, in the event of any contravention of the said preceding provisions or of any regulations made thereunder occurring in relation to any station or apparatus on board or released from any vessel or aircraft, the captain or the person for the time being in charge of the vessel or aircraft shall be guilty of an offence under this Act:

Provided that the captain or person for the time being in charge of a vessel or aircraft shall not be guilty of any offence under this Act by reason of any contravention of the said provisions or regulations occurring in relation to apparatus on board the vessel or aircraft if the contravention consists of the use by a passenger on board the ship or aircraft of apparatus not designed or adapted for emission (as opposed to reception) which is not part of the wireless telegraphy apparatus, if any, of the ship or aircraft.

(2) The [F1 Secretary of State] may make regulations for regulating the use, on board any [F3 ship or aircraft which, not being registered in the United Kingdom, is registered in a country other than the United Kingdom, the Isle of Man or any of the Channel Islands while that ship or aircraft is] within the limits of the United Kingdom and the territorial waters adjacent thereto, of wireless telegraphy apparatus on board the ship or aircraft, and such regulations may provide for the punishment of persons contravening the regulations by [F4 a maximum fine for each offence of an amount not exceeding level 5 on the standard scale, as defined in section 75 of the M1 Criminal Justice Act 1982, or of a lesser amount], and for the forfeiture of any wireless telegraphy apparatus in respect of which an offence under such regulations is committed; but, save as aforesaid [F5 or by virtue of an Order in Council under subsection (3) of this section], nothing in this Part of this Act shall operate so as to impose any prohibition or restriction on persons using wireless telegraphy apparatus on board any [F6 such ship or aircraft as aforesaid].

(3) His Majesty may by Order in Council direct that any reference in this section to any . . . F2 ship or aircraft registered in the United Kingdom shall be construed as including a reference to any F2 ship or aircraft registered in the Isle of Man, in any of the Channel Islands, or in any colony, British protectorate or British protected state, or registered under the law of any other country or territory outside the United Kingdom which is for the time being administered by His Majesty’s Government in the United Kingdom.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F1 Words substituted by virtue of Post Office Act 1969 (c. 48, SIF 96), s. 3(1) and S.I. 1974/691, arts. 2, 3(3)

F2 Words repealed by Wireless Telegraphy Act 1967 (c. 72, SIF 96), s. 9(2)(5)

F3 Words substituted by Wireless Telegraphy Act 1967 (c. 72, SIF 96), s. 9(3)(a)(i), (5)

F4 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s.50

F5 Words inserted by Wireless Telegraphy Act 1967 (c. 72, SIF 96), s. 9(3)(b), (5)

F6 Words substituted by Wireless Telegraphy Act 1967 (c. 72, SIF 96), s. 9(3)(a)(ii) (5)

F7 S. 6(4) repealed by S.I. 1984/703 (N.I. 3), Sch. 7

Modifications etc. (not altering text)

C1 S. 6 extended by S.I. 1954/488 (1954 II, p. 2370), art. 1; explained by Wireless Telegraphy Act 1967 (c. 72, SIF 96), s. 9(2)(5); amended by ibid., s. 9(4); extended by ibid., ss. 10(3), 12

Marginal Citations

M1 1982 c 48(39:1).