F1F1Part VI
Amendment and enforcement of Wireless Telegraphy Acts
F274. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
75 Alteration of penalties and mode of trial for certain offences under the 1949 Act.
1
The following offences under the 1949 Act shall be triable on indictment as well as summarily, that is to say—
a
any offence under section 5(a) of that Act (sending false or misleading messages likely to prejudice the efficiency of any safety of life service, etc.); and
b
any offence under section 13 of that Act (using any apparatus for the purpose of interfering with wireless telegraphy).
2
Schedule 3 to this Act shall have effect for the purpose of—
a
incorporating the amendment made by subsection (1) above and certain other amendments made as respects Great Britain by the M1Criminal Justice Act 1982 in the text of section 14 of the 1949 Act (which gives the penalties for offences under that Act) as that section has effect both in Great Britain and in Northern Ireland; and
b
making certain other amendments of that section as it so has effect;
and for other connected purposes.
3
Nothing in this section or in any provision of Schedule 3 to this Act—
a
shall affect the mode of trial in proceedings for an offence commenced before the date on which this section comes into force; or
b
shall render a person liable in respect of an offence committed before that date to a punishment more severe than the punishment applicable in the case of that offence immediately before that date;
but except as provided above in this subsection the provisions of section 14 of the 1949 Act, as amended by Schedule 3 to this Act and by section 82 below, shall have effect in relation to any conviction on or after that date of an offence under that Act.
76 Arrest without warrant for certain offences under the 1949 Act.
1
This section applies to—
a
any indictable offence under the 1949 Act; and
b
any offence under section 1(1) of that Act other than one consisting in the installation or use, otherwise than under and in accordance with a wireless telegraphy licence, of any apparatus not designed or adapted for emission (as opposed to reception).
2
A constable may arrest without warrant a person who has committed, or whom the constable with reasonable cause suspects to have committed, an offence to which this section applies, if the name and address of that person are unknown to, and cannot be ascertained by, the constable or the constable has reasonable grounds for doubting—
a
whether a name and address furnished by that person as his name and address are his real name and address; or
b
whether that person will be at an address furnished by him for a sufficiently long period for it to be possible to serve him with a summons.
3
The preceding provisions of this section do not apply to Scotland.
4
This section shall not prejudice any power of arrest conferred by law apart from this section.
77 Substitution of new section for section 7 of the 1967 Act.
1
The following section shall be substituted for section 7 of the 1967 Act (restriction on manufacture or importation of certain apparatus)—
7 Restriction on dealings in and custody of certain apparatus.
1
This section applies to wireless telegraphy apparatus and to any apparatus designed or adapted for use in connection with wireless telegraphy apparatus.
2
Where it appears to the Secretary of State to be expedient to do so for the purpose of preventing or reducing the risk of interference with wireless telegraphy, he may make an order applying restrictions under this section in relation to apparatus to which this section applies of any class or description specified in the order.
3
Any of the following actions in relation to any such apparatus is subject to restriction under this section—
a
manufacture (whether or not for sale);
b
selling or offering for sale, letting on hire or offering to let on hire, or indicating (whether by display of the apparatus or by any form of advertisement) one’s willingness to sell or let on hire;
c
having in one’s custody or control; and
d
importation.
4
An order under this section shall specify such of the actions subject to restriction under this section as are restricted by the order in the case of apparatus of any class or description specified in the order.
5
Any action for the time being restricted by an order under this section in the case of any apparatus is prohibited by this section—
a
save with the authority of the Secretary of State and subject to compliance with any terms and conditions attached by the Secretary of State to that authority; or
b
in the case of action within subsection (3)(c) above, save as mentioned in paragraph (a) above or as otherwise authorised by law apart from this section.
6
An authority given by the Secretary of State for the purposes of this section in the case of apparatus of any class or description specified in an order under this section may be limited—
a
to such of the actions restricted by the order; and
b
to such subsidiary class or description of apparatus within the class or description specified in the order;
as may be specified in the authority.
7
Any terms or conditions attached by the Secretary of State to any authority under this section for manufacture or importation may relate to a period after, as well as to the time of, or a period before, the manufacture or importation.
8
The Secretary of State’s authority may be given, and any terms or conditions may be attached to it, either generally by means of a notice in the London Gazette or by an instrument in writing issued to each person authorised to do, in relation to apparatus of any class or description to which an order under this section relates, anything for the time being restricted by the order; and any such notice published in the London Gazette shall also be published in the Edinburgh Gazette and the Belfast Gazette.
9
The Secretary of State shall not make any order under this section or give any authority for the purposes of this section or attach any term or condition to any such authority, unless the Secretary of State is satisfied that the order, authority, term or condition in question is compatible with the international obligations of the United Kingdom; and where any statutory instrument containing such an order or any notice or instrument in writing giving such an authority or attaching any term or condition to such an authority contains a statement that the Secretary of State is so satisfied, that statement shall be evidence (and, in Scotland, sufficient evidence) of that fact.
10
Where the importation of apparatus of any class or description to which this section applies is for the time being restricted by an order under this section, a person commissioned by the Commissioners of Customs and Excise may require any person having custody or control of any apparatus of that class or description which is being or has been imported to furnish proof that the importation of the apparatus is or was not unlawful by virtue of this section; and if such proof is not furnished to the satisfaction of those Commissioners the apparatus shall be deemed, unless the contrary is proved, to be prohibited goods, and shall be liable to forfeiture under the Customs and Excise Management Act 1979.
11
Any person who—
a
takes any action within subsection (3)(a) or (b) above in relation to any apparatus in contravention of subsection (5) above; or
b
without reasonable excuse has any apparatus in his custody or control in contravention of that subsection; or
c
contravenes or fails to comply with any terms or conditions attached to any authority given by the Secretary of State for the purposes of this section (whatever the action to which that authority relates);
shall, without prejudice to any liability to a penalty which he may have incurred under the Act of 1979 mentioned above, be guilty of an offence under the principal Act.
12
For the avoidance of doubt, it is hereby declared that in this section “manufacture” includes construction by any method and the assembly of component parts.
2
Any order made under section 7 of the 1967 Act which is in force immediately before this section comes into force shall have effect—
a
as if made under the new section 7 substituted by subsection (1) above; and
b
as if it restricted, in the case of wireless telegraphy apparatus of any class or description specified in the order, the actions mentioned in subsection (3)(a) and (d) of the new section;
(and any such order may accordingly be varied or revoked by an order made under the new section).
F378. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
79 Seizure of apparatus and other property used in committing certain offences under the 1949 Act.
1
This section applies to—
a
any indictable offence under the 1949 Act;
b
any offence under section 1(1) of that Act other than one consisting in the installation or use, otherwise than under and in accordance with a wireless telegraphy licence, of any apparatus not designed or adapted for emission (as opposed to reception);
F8bza
any offence under section 1A of that Act other than one where the relevant contravention of section 1 of that Act would constitute an offence so consisting;
F4ba
any offence under section 5(b) of that Act;
bb
any offence under the Marine, &c., Broadcasting (Offences) Act 1967; and
c
any offence under section 7 of the 1967 Act.
2
Where—
a
a search warrant is granted under section 15(1) of the 1949 Act (entry and search of premises, etc.); and
b
the suspected offence (or any of the suspected offences) is an offence to which this section applies;
the warrant may authorise F5any person authorised by F9OFCOM to exercise the power conferred by this subsection to seize and detain, for the purposes of any relevant proceedings, any apparatus or other thing found in the course of the search carried out in pursuance of the warrant which appears to him F6. . . to have been used in connection with or to be evidence of the commission of any such offence.
3
If a constable or any person authorised by F9OFCOM to exercise the power conferred by this subsection has reasonable grounds to suspect that an offence to which this section applies has been or is being committed, he may seize and detain, for the purposes of any relevant proceedings, any apparatus or other thing which appears to him to have been used in connection with or to be evidence of the commission of any such offence.
4
Nothing in this section shall prejudice any power to seize or detain property which is exercisable by a constable apart from this section.
F74A
Without prejudice to any power exercisable by him apart from this subsection, a person authorised by F9OFCOM to exercise any power conferred by this section may use reasonable force, if necessary, in the exercise of that power.
5
Any person who intentionally obstructs any person in the exercise of the power conferred on him under subsection (3) above shall be guilty of an offence under the 1949 Act.
6
References in this section to relevant proceedings are references to—
a
any proceedings for an offence to which this section applies; and
b
any proceedings for forfeiture under F10Schedule 7 to the Communications Act 2003 .
80 Proceedings in England and Wales or Northern Ireland for forfeiture of restricted apparatus.
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
81 Proceedings in Scotland for forfeiture of restricted apparatus.
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
82 Amendments with respect to forfeiture on conviction.
The following subsections shall be substituted for subsection (3) of section 14 of the 1949 Act (forfeiture of wireless telegraphy apparatus used in commission of certain offences)—
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 or in the use of any apparatus for the purpose of interfering with any wireless telegraphy; or
b
any offence under section 12A of this Act; or
c
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 all or any of the apparatus of the station, or (as the case may be) of the apparatus in connection with which the offence was committed, to be forfeited to the Secretary of State.
The power conferred by virtue of paragraph (a) or (c) above does not apply to wireless telegraphy apparatus not designed or adapted for emission (as opposed to reception).
3A
Without prejudice to the operation of subsection (3) of this section in relation to any other apparatus, where a person is convicted of an offence under this Act involving restricted apparatus, the court shall order the apparatus to be forfeited to the Secretary of State unless the accused or any person claiming to be the owner of or otherwise interested in the apparatus shows cause why the apparatus should not be forfeited.
Apparatus is restricted apparatus for the purposes of this subsection if custody or control of apparatus of any class or description to which it belongs is for the time being restricted by an order under section 7 of the Wireless Telegraphy Act 1967.
3B
Apparatus may be ordered to be forfeited under this section notwithstanding that it is not the property of the person by whom the offence giving rise to the forfeiture was committed, and any apparatus ordered to be forfeited under this section may be disposed of by the Secretary of State in such manner as he thinks fit.
3C
Subsections (3) to (3B) of this section have effect notwithstanding anything in section 140 of the Magistrates’ Courts Act 1980 or Article 58 of the Magistrates’ Courts (Northern Ireland) Order 1981.
3D
The court by whom any apparatus is ordered to be forfeited under this section may also order the person by whom the offence giving rise to the forfeiture was committed not to dispose of that apparatus except by delivering it up to the Secretary of State within forty-eight hours of being so required by him.
3E
If a person against whom an order is made under subsection (3D) of this section contravenes that order or fails to deliver up the apparatus to the Secretary of State as required he shall be guilty of a further offence under this Act which, for the purpose of determining the appropriate penalty in accordance with the provisions of this section relating to penalties (whether as originally enacted or as substituted by paragraph 1 of Schedule 3 to the Telecommunications Act 1984), shall be treated as an offence under the same provision as the offence for which the forfeiture was ordered.
83 Disposal of apparatus and other property seized by virtue of section 79.
1
Any property seized by a person authorised by the F13OFCOM in pursuance of a warrant under section 15(1) of the 1949 Act or in exercise of the power conferred by section 79(3) above may be detained—
a
until the end of the period of six months beginning with the date of the seizure; or
b
if proceedings for an offence to which section 79 above applies involving that property or proceedings for forfeiture of that property under F14Schedule 7 to the Communications Act 2003 are instituted within that period, until the conclusion of those proceedings.
2
After the end of the period for which its detention is authorised by virtue of subsection (1) above, any such property which—
a
remains in the possession of F13OFCOM; and
b
has not been ordered to be forfeited under section 14 of the 1949 Act (which includes provision for forfeiture of wireless telegraphy apparatus used in the commission of certain offences) or under F14Schedule 7 to the Communications Act 2003;
shall be dealt with in accordance with the following provisions of this section (and references in those provisions to the relevant property are references to any property to which this subsection applies).
3
4
5
The delivery of the relevant property in accordance with subsection (3) above to any person appearing to F13OFCOM to be its owner shall not affect the right of any other person to take legal proceedings against the person to whom it is delivered or against anyone subsequently in possession of the property for the recovery of the property.
Approvals
84 Approval of wireless telegraphy apparatus etc.
1
Where any of the following instruments, namely—
a
any licence granted under section 1 of the 1949 Act (licensing of wireless telegraphy),
b
any regulations made under that section,
c
any regulations made under section 10 of that Act (regulations as to radiation of electro-magnetic energy etc.),
d
any order made under section 7 of the 1967 Act (restriction on dealings in and custody of certain apparatus), or
e
any authority given for the purposes of that section,
contains any provision which is framed by reference to relevant apparatus for the time being approved under this section for the purposes of that instrument, such apparatus may be approved for those purposes by the F17relevant authority.
In this subsection “relevant apparatus” means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus.
2
3
An approval under this section may apply either to particular apparatus or to any apparatus of a description specified in the approval, and may so apply either for the purposes of a particular instrument falling within any of paragraphs (a) to (e) of subsection (1) above or for the purposes of instruments falling within any of those paragraphs of a description so specified.
4
An approval under this section may specify conditions which must be complied with if the approval is to apply, for any purposes specified in the approval, to any apparatus which is so specified or is of a description so specified, and any such condition may impose on the person to whom the approval is given a requirement from time to time to satisfy any person with respect to any matter.
5
6
7
The F17relevant authority may by order provide for the charging of fees in respect of the exercise of any function in pursuance of this section by or on behalf of the F17relevant authority; and an appointment under subsection (6) above may authorise the person appointed to retain any fees received by him in pursuance of any such order.
8
Nothing in subsection (7) above shall preclude a person (not being the F17relevant authority or a person acting on F19the relevant authority's behalf) by whom any matter falls to be determined for the purposes of any requirement imposed in pursuance of subsection (2) or (4) above from charging any fee in respect of the carrying out of any test or other assessment made by him.
F208A
Subject to subsection (8B), in this section “the relevant authority” means—
a
in such cases as may be specified in an order made by the Secretary of State, the Secretary of State; and
b
in any other case, OFCOM.
8B
Where an application for the purposes of this section is made to the Secretary of State or OFCOM and it appears to the person to whom it is made that it should have been made to the other—
a
that person shall refer the application to the other; and
b
the application shall be proceeded with as if made to the person to whom it is referred.
9
Any sums received by the Secretary of State under this section shall be paid into the Consolidated Fund.
Marking etc. of apparatus
85 Information etc. to be marked on or to accompany apparatus.
1
Where it appears to F22OFCOM expedient that any description of relevant apparatus should be marked with or accompanied by any information or instruction relating to the apparatus or its installation or use, F22OFCOM may by order—
a
impose requirements for securing that relevant apparatus of that description is so marked or accompanied, and
b
regulate or prohibit the supply of any such apparatus with respect to which the requirements are not complied with;
and the requirements may extend to the form and manner in which the information or instruction is given.
2
An order under this section may, in the case of apparatus supplied in circumstances where the information or instruction required by the order would not be conveyed until after delivery, require the whole or part thereof to be also displayed near the apparatus.
3
Where an order under this section is in force with respect to relevant apparatus of any description, any person who, in the course of any trade or business, supplies or offers to supply relevant apparatus of that description in contravention of the order shall, subject to section 87 below, be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
For the purposes of this section a person exposing relevant apparatus for supply or having such apparatus in his possession for supply shall be deemed to offer to supply it.
5
In this section and section 86 below—
a
“relevant apparatus” means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus; and
b
“supply” shall F21have the same meaning as it has in Part II of the Consumer Protection Act 1987.
86 Information etc. to be given in advertisements.
1
Where it appears to F23OFCOM expedient that any description of advertisements of relevant apparatus should contain or refer to any information relating to the apparatus or its installation or use, F23OFCOM may by order impose requirements as to the inclusion of the information, or an indication of the means by which it may be obtained, in advertisements of that description.
2
An order under this section may specify the form and manner in which any information or indication required by the order is to be included in advertisements of any description.
3
Where an advertisement of any relevant apparatus which is to be supplied in the course of any trade or business fails to comply with any requirement imposed under this section, any person who publishes the advertisement shall, subject to section 87 below, be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
Section 85(5) above applies for the purposes of this section; and in this section “advertisement” includes a catalogue, a circular and a price list.
87 Offences under section 85 or 86 due to default of third person.
1
Where the commission by any person of an offence under section 85 or 86 above is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person.
2
In any proceedings for an offence under either of those sections it shall, subject to subsection (3) below, be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
3
Where the defence provided by subsection (2) above involves an allegation that the commission of the offence was due to the act of default of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
4
In any proceedings for an offence under section 86 above it shall be a defence for the person charged to prove that he is a person whose business it is to publish or arrange for the publication of advertisements and that he received the advertisement for publication in the ordinary course of business and did not know and had no reason to suspect that its publication would amount to an offence under that section.
Miscellaneous and supplemental
88 Wireless telegraphy functions of Director.
F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
89 Abolition of advisory committee.
F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
90 Radio interference service.
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
91 Construction of references to conclusion of proceedings.
1
Where proceedings for an offence F27to 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
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 F29. . . to appeal proceedings include references to an application for leave to appeal.
92 Interpretation of Part VI and minor amendments.
1
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
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F31In 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.
”.
Pt. 6 repealed (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 124, 125(1), 126(2), Sch. 9 Pt. 1 (with Sch. 8 Pt. 1)