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Wireless Telegraphy Act 2006

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This is the original version (as it was originally enacted).

58Contravening notice under section 55 or 56

(1)A person commits an offence if—

(a)he uses apparatus, or causes or permits apparatus to be used, knowing that a notice under section 55 is in force with respect to it; and

(b)the use of the apparatus contravenes the notice.

(2)A person who commits an offence under subsection (1) is liable on summary conviction—

(a)if the offence is one that falls within subsection (6), to a fine not exceeding level 5 on the standard scale;

(b)otherwise, to a fine not exceeding level 3 on the standard scale.

(3)In the application of subsection (2) to Scotland or Northern Ireland, paragraph (a) has effect as if for the words “to a fine not exceeding level 5 on the standard scale” there were substituted “to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both”.

(4)A person commits an offence if he contravenes the provisions of a notice given to him under section 56 (unless the notice has previously been revoked by OFCOM).

(5)A person who commits an offence under subsection (4) is liable on summary conviction—

(a)if the offence is one that falls within subsection (6), to a fine not exceeding level 5 on the standard scale;

(b)otherwise, to a fine not exceeding level 3 on the standard scale.

(6)An offence falls within this subsection if it involves or consists in a contravention of a notice under section 55 or 56 in relation to apparatus the use of which is likely to cause undue interference with wireless telegraphy used—

(a)for the purpose of a safety of life service; or

(b)for a purpose on which the safety of a person, or of a ship, aircraft or vehicle, may depend.

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