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Part IIU.K. Provision of Telecommunication Services

Modifications etc. (not altering text)

C1Pt. II (ss. 5-46) excluded (23.6.1999) by S.I. 1999/1736, art. 7(4)

OffencesU.K.

42 Fraudulent use of telecommunication system.U.K.

[F1(1)A person who dishonestly obtains a [F2service to which this subsection applies] with intent to avoid payment of any charge applicable to the provision of that service shall be guilty of an offence and liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding [F3five years] or to a fine or to both.

(2)[F4Subsection (1) above applies to any service (other than a service [F5such as is mentioned in section 297(1) of the Copyright, Designs and Patents Act 1988)] which is provided by means of] a telecommunication system the running of which is authorised by a licence granted under section 7 above.]

Textual Amendments

F1S. 42 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)

F3Words in s. 42(1)(b) substituted (27.4.1997) by 1997 c. 4, ss. 2(1) 3(3) (with s. 2(2))