Telecommunications Act 1984

PART VI Provisions Relating to Wireless Telegraphy

Amendment and enforcement of Wireless Telegraphy Acts

74 Restriction on revocation or variation of certain wireless telegraphy licences

The following section shall be inserted in the 1949 Act immediately after section 3—

“3A Restriction on revocation or variation of certain wireless telegraphy licences.

(1) Subject to subsection (2) below, this section applies in any case where a wireless telegraphy licence is granted to any person who holds a licence granted under section 7 of the Telecommunications Act 1984 (" the telecommunications licence ") authorising the running of a telecommunication system (" the system "), and the wireless telegraphy licence authorises all or any of the following, that is to say—

(a) the establishment of stations for wireless telegraphy or the installation of apparatus for wireless telegraphy, being stations or apparatus forming or intended to form part of the system;

(b) the use of any such stations or apparatus in running the system ; and

(c) the installation and use for the purposes of the system (whether by the holder of the licence or by any other person) of any such apparatus connected or intended to be connected to the system.

(2) This section does not apply unless the telecommunications licence is one to which section 8 of that Act applies (licences including conditions imposing certain obligations with respect to the provision of telecommunications services or other matters).

(3) In any case to which this section applies the wireless telegraphy licence may include terms restricting the exercise by the Secretary of State of his power under section 1(4) of this Act to revoke or vary the licence.

(4) Without prejudice to the generality of subsection (3) above, the terms that may be included in a wireless telegraphy licence by virtue of that subsection include, in particular, terms providing that the licence may not be revoked or varied except with the consent of the holder of the licence or (as the case may be) in such other circumstances and on such grounds as may be specified in the licence.

(5) Any such circumstances or grounds may relate to matters relevant for the purposes of the Telecommunications Act 1984 as well as to matters relevant for the purposes of this Act (and may, in particular, be dependent upon action taken under that Act in relation to the telecommunications licence).

(6) A wireless telegraphy licence containing any terms included in the licence by virtue of subsection (3) above may also provide that regulations made under section 3 of this Act—

(a) shall not apply in relation to any station or apparatus to which the licence relates ; or

(b) shall apply in relation to any such station or apparatus to such an extent only, or subject to such modifications, as may be specified in the licence.

(7) Notwithstanding any terms or provisions included in a wireless telegraphy licence in accordance with this section the Secretary of State may at any time, by a notice in writing served on the holder of the licence, revoke the licence or vary its terms, provisions or limitations, if it appears to him to be requisite or expedient to do so in the interests of national security or relations with the government of a country or territory outside the United Kingdom.

(8) Expressions used in this section to which a meaning is given for the purposes of the Telecommunications Act 1984 have the same meaning in this section; and section 106(4) of that Act (interpretation of power of Secretary of State to give a direction if it appears to him to be requisite or expedient to do so as mentioned in subsection (7) above) shall apply in relation to the power of the Secretary of State under subsection (7) above to revoke or vary a wireless telegraphy licence as it applies to any power of the Secretary of State under that Act to give such a direction.”.

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 [1982 c. 48.] Criminal 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 [1979 c. 2.] 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).

78 Regulations with respect to resistance to interference

The following section shall be inserted in the 1949 Act immediately after section 12—

“12A Regulations with respect to resistance to interference.

(1) This section applies to wireless telegraphy apparatus and to any apparatus designed or adapted for use in connection with wireless telegraphy apparatus.

(2) The Secretary of State may by regulations prescribe requirements (referred to below in this section as technical requirements) to be complied with in the case of apparatus to which this section applies of any class or description specified in the regulations.

(3) The technical requirements prescribed in respect of any apparatus shall be such as appear to the Secretary of State to be appropriate for the purpose of minimising so far as practicable the risk of interference, arising from the lawful use of any other apparatus, with any wireless telegraphy the apparatus to which the requirements apply (or any apparatus used in connection with it) is designed or adapted to receive.

(4) The Secretary of State shall not by regulations under this section prescribe any technical requirements unless the Secretary of State is satisfied that those requirements are compatible with the international obligations of the United Kingdom ; and where any statutory instrument containing such regulations contains a statement that the Secretary of State is so satisfied, that statement shall be evidence (and, in Scotland, sufficient evidence) of that fact.

(5) Subject to subsection (6) of this section, any person who in the course of business—

(a) sells otherwise than for export or offers for sale otherwise than for export any apparatus which does not comply with the technical requirements applicable to it under regulations made under this section; or

(b) lets on hire or offers to let on hire any such apparatus; or

(c) indicates (whether by display of the apparatus or by any form of advertisement) his willingness to do anything in relation to any such apparatus that falls within paragraph (a) or (b) above ;

shall be guilty of an offence under this Act.

(6) In proceedings for an offence under this section brought against any person other than one who in the course of business has manufactured, assembled or imported the apparatus to which the proceedings relate it shall be a defence for the accused to show that he did not know and could not with reasonable care have ascertained that the apparatus did not comply with the requirements in question.”.

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); 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 the person or persons named in it 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 or them 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 the Secretary of State 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.

(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 section 80 or 81 below.

80 Proceedings in England and Wales or Northern Ireland for forfeiture of restricted apparatus

(1) Apparatus is restricted apparatus for the purposes of this section and section 81 below 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 1967 Act.

(2) Where any restricted apparatus is seized 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, a constable or any person authorised by the Secretary of State for the purpose may apply to a justice of the peace acting for the petty sessions area in which the apparatus was seized (referred to below in this section as the relevant petty sessions area) to initiate proceedings for forfeiture of the apparatus under this section.

(3) An application under this section must be made within the period of six months beginning with the date on which the apparatus to which it relates was seized.

(4) A justice of the peace to whom an application under this section is made may issue a summons to any person appearing to him to be the owner of or otherwise interested in the apparatus to which the application relates requiring him to appear on a day specified in the summons before a magistrates' court acting for the relevant petty sessions area to show cause why the apparatus should not be forfeited.

(5) In addition to the person summoned, any other person claiming to be the owner of or otherwise interested in any apparatus to which an application under this section relates shall be entitled to appear before the court on the day specified in the summons to show cause why it should not be forfeited.

(6) Subject to the following provisions of this section, where any apparatus is brought before a magistrates' court in proceedings under this section and the court is satisfied that the apparatus is restricted apparatus, the court shall order the apparatus to be forfeited to the Secretary of State, unless the person summoned or any other person entitled to appear before the court for that purpose shows cause why the apparatus should not be forfeited.

(7) If the person summoned does not appear, the court shall not make an order under this section unless service of the summons is proved.

(8) Where in any proceedings under this section an order is made for the forfeiture of any apparatus, any person who appeared, or was entitled to appear, to show cause against the making of the order may appeal to the Crown Court.

(9) No order for the forfeiture of any apparatus made under this section shall take effect—

(a) until the end of the period of twenty-one days after the day on which the order is made ; or

(b) if appeal proceedings are brought in respect of the order within that period (whether by way of appeal to the Crown Court or by way of case stated for the opinion of the High Court), until the conclusion of those proceedings.

(10) If a magistrates' court does not order forfeiture of any apparatus brought before it in proceedings under this section the court may if it thinks fit order the person on whose application the proceedings were initiated to pay such costs as the court thinks reasonable to any person who has appeared before the court to show cause why the apparatus should not be forfeited ; and costs ordered to be paid under this subsection shall be enforceable as a civil debt.

(11) 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.

(12) This section has effect notwithstanding anything in section 140 of the [1980 c. 43.] Magistrates' Courts Act 1980 or Article 58 of the [S.I. 1981/1675 (N.I. 26).] Magistrates' Courts (Northern Ireland) Order 1981.

(13) In the application of this section to Northern Ireland references to a petty sessions area shall be read as references to a petty sessions district.

(14) This section, except subsection (1) above, does not apply to Scotland.

81 Proceedings in Scotland for forfeiture of restricted apparatus

(1) Where in Scotland any restricted apparatus is seized 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, the procurator fiscal may apply to the sheriff for forfeiture of the apparatus under this section.

(2) An application under this section shall be made in the manner specified in section 310 (incidental applications) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (in this section referred to as "the 1975 Act") and must be made within six months of the seizure of the apparatus.

(3) The procurator fiscal making an application under this section shall serve on any person appearing to him to be the owner of, or otherwise interested in, the apparatus to which the application relates a notice, to which is attached a copy of the application, giving him the opportunity to appear at the hearing of the application to show cause why the apparatus should not be forfeited.

(4) Service under subsection (3) above shall be carried out, and such service may be proved, in the manner specified for citation of an accused in summary proceedings under the 1975 Act.

(5) In addition to the person on whom notice is served under subsection (3) above, any other person claiming to be the owner of, or otherwise interested in, any apparatus to which an application under this section relates shall be entitled to appear at the hearing of the application to show cause why that apparatus should not be forfeited.

(6) Subject to the following provisions of this section, where an application is made under this section and the court is satisfied that the apparatus is restricted apparatus, the court shall order the apparatus to be forfeited to the Secretary of State, unless cause is shown why the apparatus should not be forfeited.

(7) The court shall not make an order under this section—

(a) if any person on whom notice is served under subsection (3) above does not appear, unless service of the notice on that person is proved; or

(b) if no notice under subsection (3) above has been served on any person, unless the court is satisfied that in the circumstances it was reasonable not to serve notice on any person.

(8) Where in any proceedings under this section an order is made for the forfeiture of any apparatus, any person who appeared, or was entitled to appear, to show cause why the apparatus should not be forfeited may within twenty-one days of the making of the order appeal to the High Court by bill of suspension on the ground of an alleged miscarriage of justice in the proceedings; and section 452(4)(a) to (e) of the 1975 Act shall apply to appeals under this subsection as it applies to appeals such as are mentioned in section 444(1) of the 1975 Act:

Provided that the foregoing provisions of this subsection shall be without prejudice to any rule of law relating to bills of suspension in so far as such rule of law is not inconsistent with those provisions.

(9) No order for the forfeiture of any apparatus made under this section shall take effect—

(a) until the end of the period of twenty-one days after the day on which the order is made ; or

(b) if appeal proceedings are brought in respect of the order within that period, until the conclusion of those proceedings.

(10) 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.

(11) This section applies to Scotland only.

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 [1967 c. 72.] 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 [1980 c. 43.] Magistrates' Courts Act 1980 or Article 58 of the [S.I. 1981/1675 (N.I. 26).] 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 Secretary of State 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 section 80 or 81 above 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 the Secretary of State ; 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 section 80 or 81 above;

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) The Secretary of State shall take reasonable steps to deliver the relevant property to any person appearing to him to be its owner.

(4) Where the relevant property remains in the possession of the Secretary of State after the end of the period of one year immediately following the end of the period for which its detention is authorised by subsection (1) above, the Secretary of State may dispose of it in such manner as he thinks fit.

(5) The delivery of the relevant property in accordance with subsection (3) above to any person appearing to the Secretary of State 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 Secretary of State.

In this subsection " relevant apparatus" means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus.

(2) A person applying for an approval under this section may be required by the Secretary of State to comply with such requirements as the Secretary of State may think appropriate; and those requirements may include a requirement to satisfy some other person with respect to any matter.

(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) The Secretary of State may at any time vary or withdraw any approval given by him under this section.

(6) A person appointed by the Secretary of State may exercise any function conferred on the Secretary of State by the preceding provisions of this section to such extent and subject to such conditions as may be specified in the appointment.

(7) The Secretary of State 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 Secretary of State; 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 Secretary of State or a person acting on his 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.

(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 the Secretary of State 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, the Secretary of State 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 be construed in accordance with section 9 of the [1978 c. 38.] Consumer Safety Act 1978.

86 Information etc. to be given in advertisements

(1) Where it appears to the Secretary of State 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, the Secretary of State 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 or 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

It shall be the duty of the Director—

(a) to exercise such functions as may be assigned to him under any enactment relating to wireless telegraphy; and

(b) to provide the Secretary of State with such services as the Secretary of State may require him to provide for purposes connected with the exercise by the Secretary of State of the Secretary of State's functions in relation to wireless telegraphy.

89 Abolition of advisory committee

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

(1) The payment out of money provided by Parliament of any expenses incurred by the Secretary of State in providing a radio interference service is hereby authorised.

(2) In this section " radio interference service " means a service consisting in the giving of advice and assistance (whether free of charge or otherwise) to persons complaining of interference with wireless telegraphy.

91 Construction of references to conclusion of proceedings

(1) Where proceedings for an offence under the 1949 Act or for the forfeiture of any apparatus under section 80 or 81 above 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 or section 80(9)(b) above, when any appeal proceedings are concluded as it applies for determining when original proceedings for an offence or (as the case may be) for the forfeiture of any apparatus under that section 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 and in section 80(9)(b) above to appeal proceedings include references to an application for leave to appeal.

92 Interpretation of Part VI and minor amendments

(1) In this Part—

• " the 1949 Act " means the [1949 c. 54.] Wireless Telegraphy Act 1949 ;

• " the 1967 Act " means the [1967 c. 72.] Wireless Telegraphy Act 1967; and

• " wireless telegraphy ", " wireless telegraphy apparatus ", " emission " and " interference " have the same meanings as in the 1949 Act.

(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) In section 19(1) of the 1949 Act (meaning of " wireless telegraphy ") in paragraph (iii) of the proviso for the words " electrically coupled " there shall be substituted the words " coupled by means of any material substance ".

(4) In 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. ".