Part 3Regulation of apparatus
Undue interference
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an offence if he contravenes the provisions of a notice given to him under section 56 (unless the notice has previously been revoked by OFCOM).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.