Wireless Telegraphy Act 2006

Part 1General provision about radio spectrum

Radio spectrum functions of OFCOM

1General functions

2United Kingdom Plan for Frequency Authorisation

3Duties of OFCOM when carrying out functions

4Advisory service in relation to interference

5Directions of Secretary of State

6Procedure for directions

Reservation of spectrum for multiplex use

7Special duty in relation to television multiplexes

Part 2Regulation of radio spectrum

Chapter 1Wireless telegraphy licences

Licensing of wireless telegraphy

8Licences and exemptions

8AReview of long licences

8BRestriction on grant of exclusive licence

8CConsultation before grant of exclusive licence

9Terms, provisions and limitations

9ZA Restrictions on imposition of limitations etc under section 9

9ZB Review of pre-26 May 2011 limitations etc.

9ANotice to satellite uplinkers

11Surrender of licence

12Charges for grant of licence

13Matters taken into account

14Bidding for licences

17Sections 12 to 16: interpretation

Chapter 2Grants of recognised spectrum access

Making of grants

18Grant of recognised spectrum access

20Effect of grant of recognised spectrum access

21Charges for grant of recognised spectrum access

22Matters taken into account

23Bidding for grants

26Sections 21 to 25: interpretation

Chapter 3Management of radio spectrum

27Conversion into and from wireless telegraphy licences

28Payments by the Crown

29Limitations on authorised spectrum use

30Spectrum trading

30AGeneral duty of OFCOM to allow leasing or transfer

Wireless telegraphy register

31Wireless telegraphy register

Statistical information

32Statistical information

32AInformation required for purposes of radio spectrum functions

32BRestrictions on imposing information requirements

32CNotification of contravention of information requirements

32DPenalties for contravention of information requirements

32EEnforcement of notification under section 32C

33Failure to provide information etc

34Statement of policy

Chapter 4Enforcement

Unauthorised use etc

35Unauthorised use etc of wireless telegraphy station or apparatus

36Keeping available for unauthorised use

37Allowing premises to be used for unlawful broadcasting

38Facilitating unauthorised broadcasting

Procedures for contraventions

39Contravention of terms, etc

40Repeated contravention

41Procedure for prosecutions

42Special procedure for contraventions by holders of wireless telegraphy licences

43Amount of penalty under section 42

43ASpecial procedure for contraventions of certain provisions

44Relevant amount of gross revenue

Chapter 5Miscellaneous

Regulations about wireless telegraphy

Misuse of wireless telegraphy

47Misleading messages

48Interception and disclosure of messages

49Interception authorities

Miscellaneous

50Apparatus on foreign-registered ships etc

51Apparatus in vehicles

52Wireless personnel

53Surrender of authority

PART 2ARegulation of dynamic spectrum access services

53ARegistration of providers of dynamic spectrum access services

53BRevocation and variation of registration

53CRegister of providers of dynamic spectrum access services

53DFees for registration etc

53ENotification of contravention of registration restrictions or conditions

53FPenalties under section 53E

53GEnforcement of notification under section 53E

53HMeaning of “relevant amount of gross revenue”

53IRequirement to provide information about gross revenue

53JProvision of information to persons registered under section 53A

53KNotification of contravention of information requirements

53LPenalties under section 53K

53MEnforcement of notification under section 53K

Part 3Regulation of apparatus

Undue interference

54Regulations about use and sale etc of apparatus

55Enforcement: use of apparatus

56Enforcement: sale etc of apparatus

57Appeal against notice under section 55 or 56 etc

58Contravening notice under section 55 or 56

59Entry and search of premises etc

60Obstruction and failure to assist

61Sections 54 to 60: interpretation

Restriction orders

62Restriction orders

64Compatibility with international obligations

65Powers of Commissioners for Her Majesty's Revenue and Customs

67Restriction orders: interpretation

Deliberate interference

68Deliberate interference

Part 4Approval of apparatus etc

Approval of apparatus

69Approval of apparatus

70Approvals: supplementary

71The relevant authority

Marking etc of apparatus

72Information etc on or with apparatus

73Information etc in advertisements

75Default of third person

Interpretation

76Part 4: interpretation

Part 5Prohibition of broadcasting from sea or air

77Broadcasting from ships and aircraft

78Broadcasting from marine structures etc

79Broadcasting from prescribed areas of high seas

80Acts connected with broadcasting

81Management of station

82Facilitating broadcasting from ships or aircraft

83Facilitating broadcasting from structures etc

84Maintaining or repairing apparatus

85Acts relating to broadcast material

86Facilitation offences: territorial scope

87Procuring person to commit offence abroad

88Enforcement officers

89Enforcement powers

90Enforcement powers: facilitation offences

91Exercise of powers

92Further provisions

Penalties and proceedings

93Penalties and proceedings

94Saving for certain broadcasts

Interpretation

95Part 5: interpretation

Fixed penalties

96Fixed penalties for summary offences

Entry, search and seizure

97Powers of entry and search

98Obstruction and failure to assist

99Powers of seizure

Disposal and forfeiture

101Detention and disposal of property

102Section 101: conclusion of proceedings

103Forfeiture on conviction

104Forfeiture etc of restricted apparatus

Enforcement, proceedings etc

105Offences relating to ships or aircraft

106Continuing offences

107Proceedings and enforcement

108Civil proceedings

109Fines in Scotland

110Criminal liability of company directors etc

Disclosure of information

111General restrictions

Notifications etc and electronic working

112Service of documents

113Documents in electronic form

114Timing and location of things done electronically

Interpretation

115General interpretation

116“Wireless telegraphy”

117“Wireless telegraphy apparatus” and “wireless telegraphy station”

Extent and application

119Territorial application

120Territorial sea and other waters

121Orders and regulations made by Secretary of State

122Orders and regulations made by OFCOM

123Consequential amendments

124Transitional provisions, savings and transitory modifications

125Repeals and revocations

126Short title and commencement

SCHEDULE 1Procedure for wireless telegraphy licences

General procedure for applications

1(1) An application for a grant of a wireless telegraphy...

2(1) The time limits fixed for the purposes of paragraph...

Information to be provided in connection with applications

3The grounds on which a licence may be refused by...

Proposed refusal

4Where OFCOM propose to refuse a licence they must—

5A wireless telegraphy licence continues in force, unless previously revoked...

Revocation or variation

6OFCOM may revoke a wireless telegraphy licence or vary its...

6AOFCOM may not revoke or vary a wireless telegraphy licence...

Notification of proposed revocation or variation

7(1) Where OFCOM propose to revoke or vary a wireless...

Restriction on powers of revocation and variation

8(1) The terms that OFCOM may include in a wireless...

SCHEDULE 2Procedure for grants of recognised spectrum access

General procedure for applications

1(1) An application for a grant of recognised spectrum access...

Information to be provided in connection with applications

2The grounds on which a grant of recognised spectrum access...

Notice of proposed refusal of application

3(1) Where OFCOM propose to refuse an application for a...

Duration of grant

4A grant of recognised spectrum access continues in force, unless...

Revocation or modification

5OFCOM may revoke or modify a grant of recognised spectrum...

Notice of proposed revocation or modification

6(1) Where OFCOM propose to revoke or modify a grant...

Restriction on powers of revocation and modification

7(1) The conditions that OFCOM may include in a grant...

SCHEDULE 3Suspension and revocation of authorities issued to wireless personnel

Notice of suspension

1(1) On suspending the authority, the Secretary of State must...

Reference to advisory committee

2(1) The person to whom the authority was issued may...

Decision by Secretary of State

3(1) Sub-paragraph (2) applies— (a) after the Secretary of State...

Payment of expenses

4The Secretary of State is to pay—

SCHEDULE 4Fixed penalties

Offences to which this Schedule applies

1(1) This Schedule applies to an offence under this Act...

Fixed penalties and fixed penalty notices

2(1) The fixed penalty for a relevant offence is such...

Issuing of fixed penalty notice

3(1) If OFCOM have reason to believe that a person...

Content of fixed penalty notice

4(1) A fixed penalty notice must— (a) state the alleged...

Withdrawal of fixed penalty notice

5If it appears to a person who has issued a...

Notification to person to whom payment is to be made

6A person who issues (or withdraws) a fixed penalty notice...

Effect of fixed penalty notice

7(1) This paragraph applies if a fixed penalty notice is...

Payment of fixed penalty

8(1) If the alleged offender decides to pay the fixed...

Effect of payment

9If the fixed penalty specified in a fixed penalty notice...

Service of statement and proof of service

10(1) This paragraph applies to proceedings for a relevant offence....

Certificate about payment

11In any proceedings, a certificate— (a) that payment of a...

12The Secretary of State may by regulations make provision as...

Interpretation

13In this Schedule “relevant officer” means— (a) in relation to...

SCHEDULE 5Forfeiture on conviction

Power to order forfeiture

1(1) Where a person is convicted of a relevant offence,...

Forfeiture in relation to restricted apparatus

2(1) Where a person is convicted of an offence under...

Property of third parties

3Apparatus may be ordered to be forfeited under paragraph 1...

Disposal of apparatus

4Apparatus ordered to be forfeited under paragraph 1 or 2...

Delivery to OFCOM

5(1) A court that orders apparatus to be forfeited under...

Provisions as to disposal of property disapplied

6Section 140 of the Magistrates' Courts Act 1980 (c. 43)...

Provisions as to deprivation of property disapplied

7The following provisions (under which a court convicting a person...

SCHEDULE 6Seizure and forfeiture of restricted apparatus

Application of Schedule

1(1) This Schedule applies to restricted apparatus seized—

Notice of seizure

2(1) OFCOM must give notice of the seizure of the...

Notice of claim

3A person claiming that the restricted apparatus is not liable...

4(1) A notice of claim must be given within one...

5The restricted apparatus is to be taken to have been...

6(1) Where a notice of claim in respect of the...

7Where the restricted apparatus is condemned or taken to have...

Proceedings for condemnation by court

8Proceedings for condemnation are civil proceedings and may be instituted—...

9Proceedings for the condemnation of restricted apparatus instituted in a...

10(1) In proceedings for condemnation that are instituted in England...

11(1) In the case of proceedings for condemnation instituted in...

12Where an appeal has been made (whether by case stated...

Disposal of unclaimed property

13(1) This paragraph applies where a requirement is imposed by...

Provisions as to proof

14In proceedings arising out of the seizure of restricted apparatus,...

15In any proceedings, the condemnation by a court of restricted...

Special provisions as to certain claimants

16(1) This paragraph applies for the purposes of—

Saving for owner's rights

17Neither the imposition of a requirement by or under this...

SCHEDULE 7Consequential amendments

Defamation Act (Northern Ireland) 1955 (c. 11 (N.I.))

1In section 14 of the Defamation Act (Northern Ireland) 1955...

Wireless Telegraphy Act 1967 (c. 72)

2(1) Section 5 of the Wireless Telegraphy Act 1967 (offences...

Theatres Act 1968 (c. 54)

3In section 7 of the Theatres Act 1968 (exceptions for...

Port of London Act 1968 (c. xxxii)

4In section 190 of the Port of London Act 1968...

Local Government Act 1972 (c. 70)

5In section 142 of the Local Government Act 1972 (provision...

Thames Barrier and Flood Prevention Act 1972 (c. xlv)

6In section 53 of the Thames Barrier and Flood Prevention...

Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22)

7In section 9 of the Road Traffic (Driver Licensing and...

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

8In Article 26(2) of the Police and Criminal Evidence (Northern...

Broadcasting Act 1990 (c. 42)

9The Broadcasting Act 1990 is amended as follows.

10In section 3 (licences under Part 1 of that Act)...

11In section 86 (licences under Part 3 of that Act)...

12(1) Section 89 (offences giving rise to disqualification) is amended...

13In section 202 (general interpretation) in subsection (1), for the...

Intelligence Services Act 1994 (c. 13)

14In section 11 of the Intelligence Services Act 1994 (interpretation...

Merchant Shipping Act 1995 (c. 21)

15In section 91 of the Merchant Shipping Act 1995 (report...

Criminal Procedure (Scotland) Act 1995 (c. 46)

16In section 302 of the Criminal Procedure (Scotland) Act 1995...

Broadcasting Act 1996 (c. 55)

17In section 3 of the Broadcasting Act 1996 (licences under...

18In section 42 of that Act (licences under Part 2...

Police Act 1997 (c. 50)

19In section 108 of the Police Act 1997 (interpretation of...

Terrorism Act 2000 (c. 11)

20In Schedule 10 to the Terrorism Act 2000 (munitions and...

Regulation of Investigatory Powers Act 2000 (c. 23)

21The Regulation of Investigatory Powers Act 2000 is amended as...

22(1) Section 3 (lawful interception without an interception warrant) is...

23In section 18 (exceptions to section 17) in subsection (12)(c),...

24In section 81 (general interpretation) in subsection (1), in the...

Communications Act 2003 (c. 21)

25The Communications Act 2003 is amended as follows.

26In section 14 (consumer research) in subsection (2), for “the...

27In section 190 (resolution of disputes referred to OFCOM) in...

28In section 192(1) (appeals: decisions subject to appeal)—

29In section 364 (TV licences) in subsection (2)(f), for “the...

30In section 366 (powers to enforce TV licensing) in subsection...

31In section 393 (general restrictions on disclosure of information) in...

32In section 400 (destination of licence fees and penalties), in...

33(1) Section 401 (power of OFCOM to retain costs of...

34(1) Section 405 (general interpretation) is amended as follows.

35In section 410 (application of enactments to territorial sea and...

36In Schedule 8 (decisions not subject to civil appeal), omit...

Income Tax (Trading and Other Income) Act 2005 (c. 5)

37In section 146 of the Income Tax (Trading and Other...

Commissioners for Revenue and Customs Act 2005 (c. 11)

38In Part 1 of Schedule 2 to the Commissioners for...

SCHEDULE 8Transitional provisions, savings and transitory modifications

Part 1Transitional provisions and savings

General provisions

1The substitution of provisions of this Act for provisions repealed...

2Anything done, or having effect as if done, under or...

3A reference (express or implied) in this Act or another...

4(1) A reference (express or implied) in an enactment, or...

5Paragraphs 1 to 4 have effect in place of section...

6Paragraphs 2 and 4(1) do not apply to an Order...

General rule for old savings

7(1) The repeal by this Act of an enactment previously...

Use of existing forms etc

8A reference to an enactment repealed by this Act which...

Regulatory Reform Act 2001 (c. 6)

9(1) This paragraph has effect during the period of two...

Contracted-out functions under section 1 of the Wireless Telegraphy Act 1949

10An order under Part 2 of the Deregulation and Contracting...

Wireless telegraphy licences granted before 18th June 1998

11(1) This paragraph has effect in relation to wireless telegraphy...

Procedures treated as prescribed by regulations made by OFCOM

12(1) Sub-paragraph (2) applies where, immediately before the commencement of...

Tribunal established under section 9 of the Wireless Telegraphy Act 1949

13The repeal by this Act of sections 11 and 12...

References to Postmaster General etc

14The repeal by this Act of part of section 3(1)(ii)...

Procedure for prosecutions

15(1) This paragraph has effect in relation to prosecutions to...

Penalties for certain offences triable either way

16In relation to an offence committed before 2 May 2022,...

Penalties for offences: unauthorised use of wireless telegraphy station etc

17In relation to an offence committed before 18th September 2003...

18In relation to an offence committed on or after 18th...

Penalties for offences: contravening notice under section 55 or 56

19In relation to an offence committed before the commencement of...

Fixed penalties for wireless telegraphy offences

20Schedule 4 to this Act does not apply to offences...

Powers of seizure

21In relation to an offence committed before 18th September 2003...

Forfeiture etc of restricted apparatus

22Nothing in section 104 of, and Schedule 6 to, this...

Appeals of wireless telegraphy decisions

23The repeals made by this Act do not affect the...

Orders in Council: section 118

24(1) An Order in Council made under a provision that...

Orders in Council: continental shelf

25(1) This paragraph applies in the case of an Order...

Part 2Transitory modifications

Justice (Northern Ireland) Act 2002 (c. 26)

26(1) This paragraph applies if paragraph 25 of Schedule 7...

Communications Act 2003 (c. 21)

27(1) This paragraph applies if— (a) section 180 of the...

Power to make transitional provision

28Section 121(3) of this Act does not apply to an...

Saving for old transitional provisions

29(1) This paragraph applies to any transitional or transitory provision...

SCHEDULE 9Repeals and revocations

Part 2Revocations

Royal arms

Wireless Telegraphy Act 2006

2006 CHAPTER 36

An Act to consolidate enactments about wireless telegraphy.

[8th November 2006]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—