- Latest available (Revised)
- Point in Time (08/02/2007)
- Original (As enacted)
Version Superseded: 26/05/2011
Point in time view as at 08/02/2007. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Wireless Telegraphy Act 2006, Section 41 is up to date with all changes known to be in force on or before 16 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)This section applies to proceedings against a person (“the defendant”) for an offence under section 35 consisting in the contravention of—
(a)the terms, provisions or limitations of a wireless telegraphy licence; or
(b)the terms, provisions or limitations of an exemption under section 8(3).
(2)Proceedings to which this section applies are not to be brought unless, before they are brought, OFCOM have—
(a)given the defendant a notification under section 39 in respect of the contravention to which the proceedings relate; and
(b)considered any representations about the matters notified which were made by the defendant within the period allowed under that section.
(3)Proceedings to which this section applies are not to be brought against a person in respect of a contravention if—
(a)it is a contravention to which a notification given to that person under section 39 relates; and
(b)that person has, during the period allowed under that section, complied with the notified term, provision or limitation.
(4)Subsection (2) does not apply where OFCOM have certified that it would be inappropriate to follow the procedure in section 39 because of an immediate risk of—
(a)a serious threat to the safety of the public, to public health or to national security; or
(b)serious economic or operational problems for persons (other than the defendant) who—
(i)use wireless telegraphy stations or wireless telegraphy apparatus; or
(ii)are communications providers or make associated facilities available.
(5)Where—
(a)proceedings to which this section applies are as a result of subsection (4) brought without a notification having been given to the defendant, and
(b)the defendant is convicted in those proceedings of the offence under section 35,
the court, in determining how to deal with that person, must have regard, in particular, to the matters specified in subsection (6).
(6)The matters are—
(a)whether the defendant has ceased to be in contravention of the terms, provisions or limitations in question and (if so) when; and
(b)any steps taken by the defendant (whether before or after the commencement of the proceedings) for securing compliance with the obligations imposed on him by virtue of those terms, provisions or limitations.
(7)Where—
(a)OFCOM give a notification under section 39 in respect of a contravention, and
(b)that notification is given before the end of six months after the day of the contravention,
the time for the bringing of proceedings for a summary offence in respect of that contravention shall be extended until the end of six months from the end of the period allowed, in the case of that notification, for doing the things mentioned in section 39(3).
(8)Subsection (7) has effect notwithstanding anything in—
(a)section 127 of the Magistrates' Courts Act 1980 (c. 43) (limitation on time for bringing summary proceedings), or
(b)Article 19 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (equivalent provision for Northern Ireland).
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: