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Part VIU.K. Provisions Relating to Wireless Telegraphy

Modifications etc. (not altering text)

C1Pt. VI (ss. 74-92), ss. 102, 106(4)(5), 110(1), Sch. 3 and Sch. 7 Pt. IV extended (Guernsey) (with modifications) (1.6.1994) by S.I. 1994/1064, art. 3(1), Sch. Pt. I

C3Pt. 6: functions transferred (29.12.2003) by Communications Act 2003 (c. 21), ss. 2, 406, 411, Sch. 1 para. 1(1)(c)(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

Miscellaneous and supplementalU.K.

88 Wireless telegraphy functions of Director.U.K.

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

89 Abolition of advisory committee.U.K.

The committee established under section 9(1)(a) of the 1949 Act (the advisory committee on interference with wireless telegraphy is hereby abolished; and the provisions of that Act relating to that committee shall accordingly cease to have effect.

90 Radio interference service.U.K.

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

91 Construction of references to conclusion of proceedings.U.K.

(1)Where proceedings for an offence [F3to which section 79 above applies or for the forfeiture of any apparatus under Schedule 7 to the Communications Act 2003] have been terminated by any decision of a description against which an appeal will lie (whether by way of case stated or otherwise and whether with or without leave), those proceedings shall not be regarded as concluded for the purposes of section 83(1)(b) above—

(a)until the end of the ordinary time for appeal against that decision, if no appeal proceedings in respect of it are brought within that time; or

(b)if any such proceedings are so brought, until the conclusion of the appeal proceedings.

(2)Subsection (1) above shall apply for determining, for the purposes of paragraph (b) of that subsection F4. . . , when any appeal proceedings are concluded as it applies for determining when original proceedings F4. . . are concluded.

(3)References in subsection (1) above, as it applies in relation to any proceedings, to a decision terminating those proceedings, include references to any verdict, sentence, finding or order which puts an end to those proceedings.

(4)References in this section F5. . . to appeal proceedings include references to an application for leave to appeal.

Textual Amendments

F3Words in s. 91(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 69(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

F4Words in s. 91(2) repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) with art. 11)

F5Words in s. 91(4) repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)

92 Interpretation of Part VI and minor amendments.U.K.

(1)In this Part—

(2)In section 15(4) of the 1949 Act (obstruction of search and seizure powers, etc.)—

(a)in paragraph (a) the word “ intentionally ” shall be inserted before the word “obstructs”; and

(b)in paragraph (b) the words “ without reasonable excuse ” shall be inserted before the words “fails or refuses”.

(3)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)[F7In paragraph 6 of Schedule 2 to the 1949 Act (rules of procedure for appeal tribunal to be made by tribunal) for the words from “by the tribunal” to the end of the paragraph there shall be substituted the words “ by the Secretary of State by statutory instrument. ”.]

Textual Amendments

F7S. 92(4) 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)

Marginal Citations