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Wireless Telegraphy Act 2006

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Changes over time for: Section 75

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Point in time view as at 27/06/2017.

Changes to legislation:

Wireless Telegraphy Act 2006, Section 75 is up to date with all changes known to be in force on or before 14 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

75Default of third personU.K.

(1)Where the commission by one person (“A”) of an offence under section 74(1) or (3) is due to the act or default of another (“B”), B also commits the offence; and B may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against A.

(2)In proceedings for an offence under section 74(1) or (3) it is a defence for the defendant to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

(3)A person may not rely on a defence under subsection (2) which involves an allegation that the commission of the offence was due to the act or default of another person unless—

(a)at least seven clear days before the hearing he has given to the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession; or

(b)the court grants him leave.

(4)In proceedings for an offence under section 74(3) it is a defence for the defendant to prove that—

(a)at the time of the alleged offence he was a person whose business it was to publish or arrange for the publication of advertisements;

(b)he received the advertisement for publication in the ordinary course of business; and

(c)he did not know and had no reason to suspect that publication of the advertisement would amount to an offence under that subsection.

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