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Telecommunications Act 1984, Section 85 is up to date with all changes known to be in force on or before 16 September 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.
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(1)Where it appears to [F1OFCOM] 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, [F1OFCOM] 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 [F2have the same meaning as it has in Part II of the Consumer Protection Act 1987].
Textual Amendments
F1Words in s. 85 substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406, 411, Sch. 17 para. 64 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to art. 3(3) and with art. 11)
F2Words substituted by Consumer Protection Act 1987 (c. 43, SIF 109), ss. 41(2), 47(1)(2), 48, Sch. 4 para. 9(1)
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