Broadcasting Act 1990

172 Amendments of provisions of 1949 Act relating to penalties and forfeiture. U.K.

(1) Section 14 of the 1949 Act (penalties and legal proceedings) shall be amended as follows.

(2) In subsection (1), the following paragraphs shall be inserted before paragraph (a)—

“(aa) any offence under section 1(1) of this Act other than one falling within subsection (1A)(a) of this section;

(ab) any offence under section 1A of this Act other than one falling within subsection (1A)(aa) of this section;

(ac) any offence under section 1B or 1C of this Act;”.

(3) In subsection (1A), the following paragraph shall be inserted after paragraph (a)—

“(aa) any offence under section 1A of this Act committed in relation to any wireless telegraphy apparatus not designed or adapted for emission (as opposed to reception);”.

(4) The following subsections shall be substituted for subsection (3)—

“(3) Where a person is convicted of —

(a) an offence under this Act consisting in any contravention of any of the provisions of Part I of this Act in relation to any station for wireless telegraphy or any wireless telegraphy apparatus (including an offence under section 1B or 1C of this Act) or in the use of any apparatus for the purpose of interfering with any wireless telegraphy;

(b) any offence under section 12A of this Act;

(c) any offence under the Marine, &c., Broadcasting (Offences) Act 1967; or

(d) any offence under this Act which is an offence under section 7 of the Wireless Telegraphy Act 1967 (whether as originally enacted or as substituted by section 77 of the Telecommunications Act 1984),

the court may, in addition to any other penalty, order such of the following things to be forfeited to the Secretary of State as the court considers appropriate, that is to say—

(i) any vehicle, vessel or aircraft, or any structure or other object, which was used in connection with the commission of the offence;

(ii) any wireless telegraphy apparatus or other apparatus in relation to which the offence was committed or which was used in connection with the commission of it;

(iii) any wireless telegraphy apparatus or other apparatus not falling within paragraph (ii) above which was, at the time of the commission of the offence, in the possession or under the control of the person convicted of the offence and was intended to be used (whether or not by that person) in connection with the making of any broadcast or other transmission that would contravene section 1 of this Act or any provision of the Marine, &c., Broadcasting (Offences) Act 1967.

(3AA) The power conferred by virtue of subsection (3)(a) above does not apply in a case where the offence is any such offence as is mentioned in subsection (1A)(a) or (aa) above.

(3AB) References in subsection (3)(ii) or (iii) above to apparatus other than wireless telegraphy apparatus include references to—

(a) recordings;

(b) equipment designed or adapted for use—

(i) in making recordings; or

(ii) in reproducing from recordings any sounds or visual images; and

(c) equipment not falling within paragraphs (a) and (b) above but connected, directly or indirectly, to wireless telegraphy apparatus.”

(5) In subsection (3E), for the words from “(whether” to “provision” there shall be substituted “ , shall be treated as an offence committed under the same provision, and at the same time, ”.

Modifications etc. (not altering text)

C1 Ss. 168-173 extended (with modifications) (1.6.1994) by S.I. 1994/1064, art. 3(2), Sch. Pt. II