Legalize / United Kingdom / Public General Act

Wireless Telegraphy Act 2006

Type Public General Act

Publication 2006-11-08

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(3) If a constable or a person authorised by OFCOM to exercise the power conferred by this subsection has reasonable grounds to suspect that an offence to which this section applies has been or is being committed, he may seize and detain, for the purposes of any relevant proceedings, any apparatus or other thing that appears to him to be a relevant item.

(4) A person authorised by OFCOM to exercise a power conferred by this section may if necessary use reasonable force in the exercise of the power.

(5) Subsection (4) does not affect any power exercisable by the person so authorised apart from that subsection.

(6) Nothing in this section affects any power to seize or detain property that is exercisable by a constable apart from this section.

(7) In this section—

“relevant item” means an item that—was used in connection with an offence to which this section applies; oris evidence of the commission of such an offence;

“relevant proceedings” means—proceedings for an offence to which this section applies; orproceedings for condemnation under Schedule 6.

Obstruction

100

(1) A person commits an offence if he intentionally obstructs a person in the exercise of the power conferred on him under section 99(3).

(2) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Disposal and forfeiture

Detention and disposal of property

101

(1) This section applies to property seized by a person authorised by OFCOM—

(a) in pursuance of a warrant under section 97; or

(b) in the exercise of the power conferred by section 99(3).

(2) The property may be detained—

(a) until the end of the period of six months beginning with the date of seizure; or

(b) if proceedings for an offence to which section 99 applies involving that property or proceedings under Schedule 6 for condemnation of that property as forfeited are instituted within that period, until the conclusion of those proceedings.

(3) Subsections (4) to (6) apply in the case of property so detained which, after the end of the period authorised by subsection (2)—

(a) remains in the possession of OFCOM; and

(b) has not been ordered to be forfeited under Schedule 5 or condemned as forfeited under Schedule 6.

(4) OFCOM must take reasonable steps to deliver the property to the person who appears to them to be its owner.

(5) OFCOM may dispose of the property in such manner as they think fit if it remains in their possession after the end of the six months immediately following—

(a) the end of the period of detention authorised by subsection (2)(a), or

(b) if subsection (2)(b) applies, the end of the day on which the proceedings referred to in that provision were concluded.

(6) The delivery of the property in accordance with subsection (4) to the person who appears to OFCOM to be its owner does not affect the right of any other person to take legal proceedings for the recovery of the property—

(a) against the person to whom the property is so delivered; or

(b) against any person subsequently in possession of the property.

Section 101: conclusion of proceedings

102

(1) This section applies to—

(a) proceedings for an offence to which section 99 applies;

(b) proceedings under Schedule 6 for the condemnation of apparatus as forfeited.

(2) Where proceedings to which this section applies are terminated by an appealable decision, they are not to be regarded as concluded for the purposes of section 101(2)(b)—

(a) until the end of the ordinary time for appeal against the decision, if no appeal in respect of the decision is brought within that time; or

(b) if an appeal in respect of the decision is brought within that time, until the conclusion of the appeal.

(3) Subsection (2) applies for determining, for the purposes of paragraph (b) of that subsection, when proceedings on an appeal are concluded as it applies for determining when the original proceedings are concluded.

(4) References in subsection (2) to a decision which terminates proceedings include references to a verdict, sentence, finding or order that puts an end to the proceedings.

(5) An appealable decision is a decision of a description against which an appeal will lie, whether by way of case stated or otherwise and whether with or without permission.

(6) References to an appeal include references to an application for permission to appeal.

Forfeiture on conviction

103

Schedule 5 (which makes provision in relation to forfeiture on conviction) has effect.

Forfeiture etc of restricted apparatus

104

(1) Apparatus to which this section applies is liable to forfeiture if, immediately before being seized, it was in a person's custody or control in contravention of section 62(5).

(2) This section applies to apparatus if it has been seized—

(a) in pursuance of a warrant granted under section 97; or

(b) in the exercise of the power conferred by section 99(3).

(3) Apparatus forfeited under this section is to be forfeited to OFCOM and may be disposed of by them in any manner they think fit.

(4) Schedule 6 (which makes provision in relation to the seizure and forfeiture of apparatus) has effect.

Enforcement, proceedings etc

Offences relating to ships or aircraft

105

(1) This section applies if an offence is committed under any of sections 11, 35 to 38, 46 to 48, 58 and 68.

(2) Where the offence is committed in relation to a station or apparatus on board or released from a ship or aircraft, the captain or person for the time being in charge of the ship or aircraft is guilty of the offence (as well as anyone who is guilty of it apart from this subsection).

(3) This section does not apply where the offence consists in the use by a passenger on board the ship or aircraft of receiving apparatus that is not part of the wireless telegraphy apparatus, if any, of the ship or aircraft.

Continuing offences

106

(1) This section applies where—

(a) a person is convicted of an offence under Part 2 or 3 consisting in—

(i) the use of a wireless telegraphy station or wireless telegraphy apparatus, or

(ii) a failure or refusal to cause a wireless telegraphy licence or an authority under section 52(3) to be surrendered; and

(b) the use, or the failure or refusal, continues after the conviction.

(2) The person is to be treated as committing a separate offence in respect of every day on which the use, or the failure or refusal, so continues.

(3) Subsection (2) does not affect the right to bring separate proceedings for contraventions of this Act taking place on separate occasions.

Proceedings and enforcement

107

(1) Proceedings for—

(a) an offence under Part 2, 3 or 6 (other than an offence under section 111) that is committed in UK territorial sea, or

(b) an offence under Part 5,

may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

(2) For the purpose of the enforcement of any provision falling within subsection (3), a member of a police force has in any area of the sea within the seaward limits of UK territorial sea all the powers, protection and privileges which he has in the area for which he acts as constable.

(3) The provisions are—

(a) sections 8 to 11, 32 to 38 and 45 to 53;

(b) Part 3;

(d) sections 97 to 100, 103, 105 and 106 and Schedule 5.

(3A) For the time limit for bringing proceedings which are for a summary offence under section 35 and to which section 41 applies see section 41(7).

(3B) The time limit for bringing any other proceedings for a summary offence under section 35, 58 or 66 is—

(a) one year from the end of the day on which the prosecutor becomes aware of evidence which he or she considers sufficient to justify a prosecution for the offence, or

(b) if earlier, three years from the end of the day on which the offence was committed.

(3C) Section 41(7) and subsection (3B) above have effect despite—

(a) section 127 of the Magistrates’ Courts Act 1980 (time limit for bringing proceedings for summary offences in England and Wales),

(b) Article 19 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (equivalent provision for Northern Ireland), and

(3D) In relation to proceedings in Scotland, subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (date when proceedings deemed to be commenced for the purposes of that section) applies also for the purposes of section 41(7) and subsection (3B) above.

(4) In the application of this section to Northern Ireland, subsection (2) has effect with the substitution—

(a) for the words “a police force” of the words “the Police Service of Northern Ireland”, and

(b) for the words “the area for which he acts as constable” of the words “Northern Ireland”.

(5) In the application of this section to Scotland, subsection (2) has effect with the substitution—

(a) for the words “a police force” of the words “the Police Service of Scotland”, and

(b) for the words “the area for which he acts as constable” of the word “Scotland”.

Civil proceedings

108

(1) Where the doing of a thing is rendered unlawful by Part 2 or 3, and it is also an offence under this Act, the fact that it is such an offence does not limit a person's right to bring civil proceedings in respect of the doing or apprehended doing of that thing.

(2) Without prejudice to the generality of subsection (1), compliance with a provision of Part 2 or 3 contravention of which is an offence under this Act is enforceable in civil proceedings by the Crown, or by OFCOM, for an injunction or for any other appropriate relief.

(3) In the application of this section to Scotland, subsection (2) has effect as if for the words from “civil proceedings” to the end there were substituted “ civil proceedings by the Advocate General for Scotland, or by OFCOM, for an interdict or for any other appropriate relief or remedy ”.

Fines in Scotland

109

(1) Fines imposed in respect of offences falling within subsection (2) are to be paid into the Consolidated Fund.

(2) The offences are offences committed in Scotland under—

(a) Part 2;

(b) Part 3;

(d) section 100;

(e) paragraph 5 of Schedule 5.

Criminal liability of company directors etc

110

(1) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) a person who was purporting to act in any such capacity,

he (as well as the body corporate) is guilty of that offence and is liable to be proceeded against and punished accordingly.

(2) Where an offence under this Act—

(a) is committed by a Scottish firm, and

(b) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of a partner of the firm,

he (as well as the firm) is guilty of that offence and is liable to be proceeded against and punished accordingly.

(3) “Director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Disclosure of information

General restrictions

111

(1) Information with respect to a particular business which has been obtained in exercise of a power conferred by this Act is not, so long as that business continues to be carried on, to be disclosed without the consent of the person for the time being carrying on that business.

(2) Subsection (1) has effect subject to the following provisions of this section.

(3) Subsection (1) does not apply to any disclosure of information which is made—

(a) for the purpose of facilitating the carrying out by OFCOM of any of their functions;

(b) for the purpose of facilitating the carrying out by any relevant person of any relevant function;

(ca) by OFCOM to a person registered under section 53A for the purpose of providing the dynamic spectrum access service in respect of which the person is registered;

(d) for any of the purposes specified in section 17(2)(a) to (d) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (criminal proceedings and investigations);

(e) for the purpose of any civil proceedings brought under or because of this Act or any of the enactments or instruments mentioned in subsection (6); or

(f) for the purpose of securing compliance with an international obligation of the United Kingdom.

(4) The following are relevant persons—

(a) a Minister of the Crown and the Treasury;

(b) the Scottish Executive;

(d) the Competition and Markets Authority;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the Consumer Panel;

(g) the Welsh Authority;

(h) a local weights and measures authority in Great Britain;

(i) any other person specified for the purposes of this subsection in an order made by the Secretary of State.

(5) The following are relevant functions—

(a) any function conferred by or under this Act;

(b) any function conferred by or under any enactment or instrument mentioned in subsection (6);

(6) The enactments and instruments referred to in subsections (3) and (5) are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the Trade Descriptions Act 1968 (c. 29);

(d) the Consumer Credit Act 1974 (c. 39);

(e) the Competition Act 1980 (c. 21);

(f) the Telecommunications Act 1984 (c. 12);

(g) the Consumer Protection Act 1987 (c. 43);

(h) the Broadcasting Act 1990 (c. 42);

(i) the Broadcasting Act 1996 (c. 55);

(j) the Competition Act 1998 (c. 41);

(k) the Enterprise Act 2002 (c. 40);

(l) the Communications Act 2003 (c. 21);

(m) the Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20));

(n) the Business Protection from Misleading Marketing Regulations 2008;

(o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(p) Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013;

(q) the following provisions of the Digital Markets, Competition and Consumers Act 2024—

(i) Part 1;

(ii) Part 3;

(iii) Chapter 1 of Part 4;

(iv) Chapter 2 of Part 5.

(7) Nothing in this section—

(a) limits the matters that may be published under section 15, 26 or 390 of the Communications Act 2003;

(aa) prevents the disclosure of information under section 24A or 24B of that Act;

(b) limits the matters that may be included in, or made public as part of, a report made by OFCOM because of a provision of the Office of Communications Act 2002 (c. 11) or the Communications Act 2003;

(c) prevents the disclosure of anything for the purposes of a report of legal proceedings in which it has been publicly disclosed;

(d) applies to information that has been published or made public as mentioned in paragraphs (a) to (c).

(8) Section 18 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (restriction on disclosure of information for overseas purposes) has effect in relation to a disclosure because of subsection (3)(d) as it has effect in relation to a disclosure in exercise of a power to which section 17 of that Act applies.

(9) A person commits an offence if he discloses information in contravention of this section.

(10) A person who commits an offence under subsection (9) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(11) No order is to be made containing provision authorised by subsection (4) or (5) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(12) In this section—

“the Consumer Panel” means the panel established under section 16 of the Communications Act 2003 (c. 21);

“enactment” has the same meaning as in the Communications Act 2003;

“legal proceedings” means civil or criminal proceedings in or before any court, or proceedings before any tribunal established by or under any enactment;

“the Welsh Authority” means the authority whose name is, by virtue of section 56(1) of the Broadcasting Act 1990 (c. 42), Sianel Pedwar Cymru.

Notifications etc and electronic working

Service of documents

112

(1) This section applies where provision made (in whatever terms) by or under this Act authorises or requires—

(a) a notification to be given to any person; or

(b) a document of any other description (including a copy of a document) to be sent to any person.

(2) The notification or document may be given or sent to the person in question—

(a) by delivering it to him;

(b) by leaving it at his proper address; or

(3) The notification or document may be given or sent to a body corporate by being given or sent to the secretary or clerk of that body.

(4) The notification or document may be given or sent to a firm by being given or sent to—

(a) a partner in the firm; or

(b) a person having the control or management of the partnership business.

(5) The notification or document may be given or sent to an unincorporated body or association by being given or sent to a member of the governing body of the body or association.

(6) For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of a person is—

(a) in the case of a body corporate, the address of the registered or principal office of the body;

(b) in the case of a firm, unincorporated body or association, the address of the principal office of the partnership, body or association;

(c) in the case of a person to whom the notification or other document is given or sent in reliance on any of subsections (3) to (5), the proper address of the body corporate, firm or (as the case may be) other body or association in question; and

(d) in any other case, the last known address of the person in question.

(7) In the case of—

(a) a company registered outside the United Kingdom,

(b) a firm carrying on business outside the United Kingdom, or

the references in subsection (6) to its principal office include references to its principal office within the United Kingdom (if any).

(8) In this section—

“document” includes anything in writing; and

“notification” includes notice;

and references to giving or sending a notification or other document to a person include references to transmitting it to him and to serving it on him.

(9) This section has effect subject to section 113.

Documents in electronic form

113

(1) This section applies where—

(a) section 112 authorises the giving or sending of a notification or other document by its delivery to a particular person (“the recipient”); and

(b) the notification or other document is transmitted to the recipient—

(i) by means of an electronic communications network; or

(ii) by other means but in a form that nevertheless requires the use of apparatus by the recipient to render it intelligible.

(2) For the purposes of subsection (1), something is not to be regarded as in an intelligible form if it cannot be readily understood without being decrypted or having some comparable process applied to it.

(3) The transmission has effect for the purposes of this Act as a delivery of the notification or other document to the recipient, but only if the requirements imposed by or under this section are complied with.

(4) Where the recipient is OFCOM—

(a) they must have indicated their willingness to receive the notification or other document in a manner mentioned in subsection (1)(b);

(b) the transmission must be made in such manner and satisfy such other conditions as they may require; and

(5) Where the person making the transmission is OFCOM, they may (subject to subsection (6)) determine—

(a) the manner in which the transmission is made; and

(b) the form in which the notification or other document is transmitted.

(6) Where the recipient is a person other than OFCOM—

(a) the recipient, or

(b) the person on whose behalf the recipient receives the notification or other document,

must have indicated to the person making the transmission the recipient's willingness to receive notifications or documents transmitted in the form and manner used.

(7) An indication to any person for the purposes of subsection (6)—

(a) must be given to that person in such manner as he may require;

(b) may be a general indication or one that is limited to notifications or documents of a particular description;

(c) must state the address to be used and must be accompanied by such other information as that person requires for the making of the transmission; and

(d) may be modified or withdrawn at any time by a notice given to that person in such manner as he may require.

(8) An indication, requirement or determination given, imposed or made by OFCOM for the purposes of this section is to be given, imposed or made by being published in such manner as they consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by it.

(9) Section 112(8) applies for the purposes of this section as it applies for the purposes of section 112.

Timing and location of things done electronically

114

(1) The Secretary of State may by order make provision specifying, for the purposes of this Act, the manner of determining—

(a) the times at which things done under this Act by means of electronic communications networks are done; and

(b) the places at which such things are so done, and at which things transmitted by means of such networks are received.

(2) The provision made by subsection (1) may include provision as to the country or territory in which an electronic address is to be treated as located.

(3) An order made by the Secretary of State may also make provision about the manner of proving in any legal proceedings—

(a) that something done by means of an electronic communications network satisfies the requirements of this Act for the doing of that thing; and

(b) the matters mentioned in subsection (1)(a) and (b).

(4) An order under this section may provide for such presumptions to apply (whether conclusive or not) as the Secretary of State considers appropriate.

Interpretation

General interpretation

115

(1) In this Act—

“artistic work” has the meaning given by section 4(1) of the Copyright, Designs and Patents Act 1988 (c. 48);

“associated facility” has the meaning given by section 32 of the Communications Act 2003 (c. 21);

“broadcast” (except in sections 35 to 38 and Part 5), means broadcast by wireless telegraphy, and cognate expressions are to be construed accordingly;

“business” includes a trade or profession;

“communications provider” has the same meaning as in the Communications Act 2003;

“contravention” includes a failure to comply, and cognate expressions are to be construed accordingly;

“dynamic spectrum access service” has the meaning given by section 53A;

“electric line” has the meaning given by section 64(1) of the Electricity Act 1989 (c. 29);

“electronic communications network” and “electronic communications service” have the meaning given by section 32 of the Communications Act 2003;

“emission”, in relation to electromagnetic energy, is to be construed in accordance with subsection (2);

“the enactments relating to the management of the radio spectrum” has the meaning given by section 405 of the Communications Act 2003;

“film” has the meaning given by section 5B(1) of the Copyright, Designs and Patents Act 1988 (c. 48);

“frequency” includes frequency band;

“grant of recognised spectrum access” means a grant made under section 18;

“information” includes accounts, estimates and projections and any document;

“interfere” and “interference”, in relation to wireless telegraphy, are to be construed in accordance with subsection (3);

“international obligation of the United Kingdom” includes ... any obligation which will or may arise under any international agreement or arrangements to which the United Kingdom is party;

“literary, dramatic or musical work” has the same meaning as in Part 1 of the Copyright, Designs and Patents Act 1988;

“modification” includes omissions, alterations and additions, and cognate expressions are to be construed accordingly;

“OFCOM” means the Office of Communications;

“radio spectrum functions”, in relation to OFCOM, means their functions under the enactments relating to the management of the radio spectrum;

“receiving apparatus” means wireless telegraphy apparatus that is not designed or adapted for emission (as opposed to reception);

“satellite uplink apparatus” means wireless telegraphy apparatus, the purpose of which is to emit, to one or more satellites, energy to which section 116(2) applies;

“satellite uplinker” means a person who operates satellite uplink apparatus, but where a person is employed or engaged to operate satellite uplink apparatus under the direction or control of another person, references to a satellite uplinker are references only to that other person;

“ship” includes every description of vessel used in navigation;

“sound recording” has the meaning given by section 5A(1) of the Copyright, Designs and Patents Act 1988;

“speech” includes lecture, address and sermon;

“supply”, in relation to any item, is to be construed in accordance with subsection (6);

“UK territorial sea” means the territorial sea adjacent to the United Kingdom;

“wireless telegraphy” is to be construed in accordance with section 116;

“wireless telegraphy apparatus” is to be construed in accordance with section 117;

“wireless telegraphy licence” means a licence granted under section 8;

“wireless telegraphy station” is to be construed in accordance with section 117.

(2) A reference in this Act to the emission of electromagnetic energy, or to emission (as opposed to reception), includes a reference to the deliberate reflection (whether continuous or intermittent) of electromagnetic energy by means of apparatus designed or specially adapted for the purpose.

(3) For the purposes of this Act, wireless telegraphy is interfered with if the fulfilment of the purposes of the telegraphy is prejudiced (either generally or in part and, in particular, as respects all, or as respects any, of the recipients or intended recipients of a message, sound or visual image intended to be conveyed by the telegraphy) by an emission or reflection of electromagnetic energy.

(4) Interference with any wireless telegraphy is not to be regarded as undue for the purposes of this Act unless it is also harmful.

(5) For the purposes of this Act interference is harmful if—

(a) it creates dangers, or risks of danger, in relation to the functioning of any service provided by means of wireless telegraphy for the purposes of navigation or otherwise for safety purposes; or

(b) it degrades, obstructs or repeatedly interrupts anything which is being broadcast or otherwise transmitted—

(i) by means of wireless telegraphy; and

(ii) in accordance with a wireless telegraphy licence, regulations under section 8(3) or a grant of recognised spectrum access or otherwise lawfully.

(6) Section 46 of the Consumer Protection Act 1987 (c. 43) has effect for the purpose of construing references in this Act to the supply of any thing as it has effect for the purpose of construing references in that Act to the supply of goods.

(7) In this Act (except Part 5) a reference to the sending or conveying of a message includes a reference to the making of a signal or the sending or conveying of a warning or information, and a reference to the reception of a message is to be construed accordingly.

(8) A reference in this Act to apparatus on board a ship includes a reference to apparatus on a kite or captive balloon flown from a ship.

“Wireless telegraphy”

116

(1) In this Act “wireless telegraphy” means the emitting or receiving, over paths that are not provided by any material substance constructed or arranged for the purpose, of energy to which subsection (2) applies.

(2) This subsection applies to electromagnetic energy of a frequency not exceeding 3,000 gigahertz that—

(a) serves for conveying messages, sound or visual images (whether or not the messages, sound or images are actually received by anyone), or for operating or controlling machinery or apparatus; or

(b) is used in connection with determining position, bearing or distance, or for gaining information as to the presence, absence, position or motion of an object or of a class of objects.

(3) The Secretary of State may by order modify the definition of “wireless telegraphy” by substituting a different frequency for the frequency that is for the time being specified in subsection (2).

(4) No order is to be made containing provision authorised by subsection (3) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

“Wireless telegraphy apparatus” and “wireless telegraphy station”

117

(1) In this Act “wireless telegraphy apparatus” means apparatus for the emitting or receiving, over paths that are not provided by any material substance constructed or arranged for the purpose, of energy to which section 116(2) applies.

(2) In this Act “wireless telegraphy station”—

(a) means a station for the emitting or receiving, over paths that are not provided by any material substance constructed or arranged for the purpose, of energy to which section 116(2) applies; and

(b) includes the wireless telegraphy apparatus of a ship or aircraft.

Extent and application

Extent

118

(1) Subject to subsection (2), this Act extends to Northern Ireland.

(2) An amendment, repeal or revocation made by this Act has the same extent as the enactment or other instrument amended, repealed or revoked.

(3) Her Majesty may by Order in Council extend the provisions of this Act, with such modifications as appear to Her Majesty to be appropriate, to the Isle of Man or any of the Channel Islands.

(4) But subsection (3) does not authorise the extension of sections 62 to 67 to any of the Channel Islands.

(5) Section 121(3) applies to the power to make an Order in Council under this section as it applies to a power of the Secretary of State to make an order under this Act, but as if references in section 121(3) to the Secretary of State were references to Her Majesty in Council.

(6) The provisions capable of being extended outside the United Kingdom under—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) section 204(6) of the Broadcasting Act 1990 (c. 42),

(d) section 315(2) of the Merchant Shipping Act 1995 (c. 21),

(e) section 150(4) of the Broadcasting Act 1996 (c. 55), or

(f) section 411(6) of the Communications Act 2003 (c. 21),

include any amendment of those provisions made by this Act.

Territorial application

119

(1) The provisions mentioned in subsection (2) apply to—

(a) all stations and apparatus in or over, or for the time being in or over, the United Kingdom or UK territorial sea;

(b) subject to any limitations that the Secretary of State may by regulations determine, all stations and apparatus on board a ship or aircraft that is registered in the United Kingdom but is not for the time being in or over the United Kingdom or UK territorial sea; and

(c) subject to any limitations that the Secretary of State may by regulations determine, all apparatus not itself in or over the United Kingdom or UK territorial sea but released—

(i) from within the United Kingdom or UK territorial sea, or

(ii) from a ship or aircraft that is registered in the United Kingdom.

(2) The provisions are—

(a) sections 8 to 11, 35 to 38, 45 to 48, 55 to 58 and 68; and

(b) regulations under section 54.

(3) Her Majesty may by Order in Council direct that a reference in subsection (1) to a ship or aircraft registered in the United Kingdom is to be construed as including a reference to a ship or aircraft—

(a) registered in the Isle of Man, in any of the Channel Islands or in a colony; or

(b) registered under the law of any other country or territory outside the United Kingdom that is for the time being administered by Her Majesty's Government in the United Kingdom.

(4) For the purposes of paragraph 4(3) of Schedule 2 to the Interpretation Act 1978 (c. 30) (meaning of “colony” in existing enactments), subsection (3) is to be treated as if contained in an Act passed before the commencement of that Act.

Territorial sea and other waters

120

(1) Her Majesty may by Order in Council provide—

(a) for an area of UK territorial sea to be treated, for the purposes of any provision of this Act, as if it were situated in such part of the United Kingdom as may be specified in the Order; and

(b) for jurisdiction with respect to questions arising in relation to UK territorial sea under any such provision to be conferred on courts in a part of the United Kingdom so specified.

(2) An Order in Council under section 11 of the Petroleum Act 1998 (c. 17) (application of civil law to offshore installations etc) or section 87 of the Energy Act 2004 (c. 20) (application of civil law to renewable energy installations etc) may make provision for treating—

(a) an installation with respect to which provision is made under that section and which is outside UK territorial sea but in waters to which that section applies, and

(b) waters within 500 metres of the installation,

as if, for the purposes of any provision of this Act, they were situated in such part of the United Kingdom as is specified in the Order.

(3) The jurisdiction conferred on a court by an Order in Council under this section is in addition to any jurisdiction exercisable apart from this section by that or any other court.

(4) Section 121(3) applies to the power to make an Order in Council under this section as it applies to any power of the Secretary of State to make an order under this Act, but as if references in section 121(3) to the Secretary of State were references to Her Majesty in Council.

(5) A statutory instrument containing an Order in Council under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) “Installation” includes any floating structure or device maintained on a station by whatever means, and installations in transit.

Supplemental

Orders and regulations made by Secretary of State

121

(1) Every power conferred by this Act on the Secretary of State to make orders or regulations is exercisable by statutory instrument.

(2) A statutory instrument containing an order or regulations made in exercise of such a power, other than—

(a) an order under section 5,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) an order under section 116, or

(e) an order under paragraph 26 or 27 of Schedule 8,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Every power of the Secretary of State to make an order or regulations under this Act includes power—

(a) to make different provision for different cases (including different provision in respect of different areas);

(b) to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

(c) to make such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks fit.

Orders and regulations made by OFCOM

122

(1) This section applies to every power of OFCOM to make regulations or an order under this Act.

(2) Those powers are exercisable by statutory instrument, and the Statutory Instruments Act 1946 (c. 36) is to apply in relation to those powers as if OFCOM were a Minister of the Crown.

(3) Where an instrument made under such a power falls to be laid before Parliament, OFCOM must, immediately after it is made, send it to the Secretary of State for laying by him.

(4) Before making any regulations or order under such a power, OFCOM must—

(a) give a notice of their proposal to do so to such persons representative of the persons appearing to OFCOM to be likely to be affected by the implementation of the proposal as OFCOM think fit;

(b) publish notice of their proposal in such manner as they consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by it and are not given notice by virtue of paragraph (a); and

(5) A notice for the purposes of subsection (4) must—

(a) state that OFCOM propose to make the regulations or order in question;

(b) set out the general effect of the regulations or order;

(d) specify a time before which any representations with respect to the proposal must be made to OFCOM.

(6) The time specified for the purposes of subsection (5)(d) must be no earlier than the end of the period of 30 days beginning with the day after the latest day on which the notice is given or published for the purposes of subsection (4).

(7) Every power of OFCOM to make regulations or an order under this Act includes power—

(a) to make different provision for different cases (including different provision in respect of different areas);

(b) to make provision subject to such exemptions and exceptions as OFCOM think fit; and

Consequential amendments

123

Schedule 7 (consequential amendments) has effect.

Transitional provisions, savings and transitory modifications

124

Schedule 8 (transitional provisions, savings and transitory modifications) has effect.

Repeals and revocations

125

(1) The enactments mentioned in Part 1 of Schedule 9 are repealed to the extent specified.

(2) The instruments mentioned in Part 2 of that Schedule are revoked to the extent specified.

Short title and commencement

126

(1) This Act may be cited as the Wireless Telegraphy Act 2006.

(2) This Act comes into force at the end of the period of three months beginning with the day on which it is passed.

SCHEDULE 1

General procedure for applications

1

(1) An application for a grant of a wireless telegraphy licence is to be determined in accordance with procedures prescribed in regulations made by OFCOM.

(2) The procedures must include provision for—

(a) time limits for dealing with the granting of licences;

(b) requirements that must be met for the grant of a licence;

(3) The procedures must be—

(a) open (except where sub-paragraph (4) applies);

(b) objective;

(d) not such as to discriminate unduly against particular persons or against a particular description of persons; and

(e) proportionate to what they are intended to achieve.

(4) The requirement for a procedure to be open does not apply if—

(a) the procedure relates to licences for frequencies for the broadcasting of television and radio programmes, and

(b) OFCOM think that, in order to ensure the fulfilment of a general interest objective (within the meaning given by section 8B(3)), the procedure should not be open.

Time limits

2

(1) The time limits fixed for the purposes of paragraph 1(2) must require a decision on the application to be made, notified to the applicant and published—

(a) in the case of an application for a licence relating to a frequency allocated in accordance with the United Kingdom Plan for Frequency Authorisation, not more than six weeks after the day of the receipt of the application; and

(b) in any other case, as soon as possible after the receipt of the application.

(2) The period of six weeks specified in sub-paragraph (1)(a) may be extended by OFCOM where it appears to them necessary to do so—

(a) for the purpose of enabling the requirements of any international agreement relating to frequencies, to orbital positions or to satellite co-ordination to be complied with; or

(b) in a case where a determination falls to be made as to which of a number of applicants is the more or most suitable to be licensed, for the purpose of securing that the procedure for the making of that determination is fair, reasonable, open and transparent.

(3) The period may not be extended by virtue of sub-paragraph (2)(b) by more than eight months.

Information to be provided in connection with applications

3

The grounds on which a licence may be refused by OFCOM include a failure by the applicant to provide information which OFCOM reasonably require in order to satisfy themselves that the applicant is able to comply with terms, provisions or limitations to which the licence may be made subject.

Proposed refusal

4

Where OFCOM propose to refuse a licence they must—

(a) give to the applicant the reasons for the proposed refusal;

(b) specify a period of not less than 30 days within which representations about the proposed refusal may be made.

Duration

5

A wireless telegraphy licence continues in force, unless previously revoked by OFCOM, for such period as may be specified in the licence.

Revocation or variation

6

OFCOM may revoke a wireless telegraphy licence or vary its terms, provisions or limitations—

(a) by a notice in writing given to the holder of the licence; or

(b) by a general notice applicable to licences of the class to which the licence belongs, published in such way as may be specified in the licence.

Notification of proposed revocation or variation

7

(1) Where OFCOM propose to revoke or vary a wireless telegraphy licence, they must give the person holding the licence a notification under this sub-paragraph—

(a) stating the reasons for the proposed revocation or variation; and

(b) specifying the period during which the person notified has an opportunity to make representations about the proposal.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The period for making representations—

(a) if the proposal is the result of a contravention of a term, provision or limitation of a licence, is such period as OFCOM may specify; and

(b) in any other case, must be the period of 30 days beginning with the day after the one on which the notification was given (but this is subject to sub-paragraphs (4) to (6)).

(4) OFCOM may, if they think fit, allow a longer period for doing those things—

(a) by specifying a longer period in the notification; or

(b) by subsequently, on one or more occasions, extending the specified period.

(5) The person notified has a shorter period for doing those things if a shorter period is agreed between OFCOM and the person notified.

(6) The person notified also has a shorter period if—

(a) OFCOM have reasonable grounds for believing that the case is urgent ...;

(b) they have determined that, in the circumstances, a shorter period would be appropriate; and

(7) A case is urgent if the failure to revoke or vary the licence will result in, or create 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 person in contravention, who—

(i) use wireless telegraphy stations or wireless telegraphy apparatus; or

(ii) are communications providers or make associated facilities available.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Where OFCOM have given a notification under sub-paragraph (1), they must, within the period of one month beginning with the end of the period for the making of representations about the proposal contained in that notification—

(a) decide whether or not to revoke or vary the licence in accordance with their proposal, or in accordance with that proposal but with modifications; ...

(b) give the person holding the licence a notification of their decision.;and

(c) in the case of a variation of a wireless telegraphy licence extending the duration of the licence, publish the notification and the reasons for the decision.

(11) The notification under sub-paragraph (10)—

(a) must be given no more than one week after the making of the decision to which it relates; ...

(aa) must give reasons for the decision; and

(b) must, in accordance with that decision, either revoke or vary the licence or withdraw the proposal for a revocation or variation.

(12) Nothing in this paragraph applies to a proposal to revoke or vary a licence if the proposal is made at the request or with the consent of the holder of the licence(but OFCOM must, where a proposal is made by or with the consent of the holder of the licence to vary a wireless telegraphy licence in order to extend the duration of the licence, publish the notification of their decision and the reasons for it).

(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on powers of revocation and variation

8

(1) The terms that OFCOM may include in a wireless telegraphy licence include terms restricting the exercise by them of their power to revoke or vary the licence.

(2) The terms that may be included because of sub-paragraph (1) include, in particular, terms providing that the licence may not be revoked or varied except—

(a) with the consent of the holder of the licence; or

(b) in such other circumstances and on such grounds as may be specified in the licence.

(3) The circumstances or grounds may relate to matters relevant for the purposes of any other enactment (and may, in particular, be dependent on the exercise of a statutory discretion under any other enactment).

(4) A licence containing terms included because of sub-paragraph (1) may also provide that regulations made under section 45—

(a) do not apply in relation to a station or apparatus to which the licence relates; or

(b) apply in relation to such a station or such apparatus to such extent only, or subject to such modifications, as may be specified in the licence.

(5) Despite any term or provision included in a wireless telegraphy licence in accordance with this paragraph, OFCOM may at any time by giving the holder of the licence a notice in writing revoke the licence or vary its terms, provisions or limitations, if it appears to OFCOM to be necessary or expedient to do so—

(a) in the interests of national security; or

(b) for the purpose of securing compliance with an international obligation of the United Kingdom.

SCHEDULE 2

General procedure for applications

1

(1) An application for a grant of recognised spectrum access is to be determined in accordance with procedures prescribed in regulations made by OFCOM.

(2) The procedures must include provision for—

(a) time limits for dealing with applications for a grant of recognised spectrum access;

(b) requirements which must be met before a grant is made;

Information to be provided in connection with applications

2

The grounds on which a grant of recognised spectrum access may be refused by OFCOM include a failure by the applicant to provide information which OFCOM reasonably require in order to satisfy themselves that the applicant is able to comply with restrictions or conditions to which the grant may be made subject.

Notice of proposed refusal of application

3

(1) Where OFCOM propose to refuse an application for a grant of recognised spectrum access, they must give notice to the applicant—

(a) stating the reasons for their proposal; and

(b) specifying a period within which representations may be made about the proposal.

(2) The period must be a period ending not less than 30 days month after the day of the giving of the notice.

Duration of grant

4

A grant of recognised spectrum access continues in force, unless previously revoked by OFCOM, for such period as may be specified in the notification by which the grant is made.

Revocation or modification

5

OFCOM may revoke or modify a grant of recognised spectrum access, or the restrictions or conditions to which such a grant is subject, by a notice to the person to whom the grant was made.

Notice of proposed revocation or modification

6

(1) Where OFCOM propose to revoke or modify a grant of recognised spectrum access or a restriction or condition to which such a grant is subject, they must give a notification to the holder of the grant—

(a) stating the reasons for their proposal; and

(b) specifying the period during which the person notified has an opportunity to do the things specified in sub-paragraph (2).

(2) The things are—

(a) making representations about the proposal; and

(b) if the proposal is the result of a contravention of a restriction or condition of the grant, complying with it.

(3) Subject to sub-paragraphs (4) to (6), the period for doing those things must be the period of 30 days beginning with the day after the one on which the notification was given.

(4) OFCOM may, if they think fit, allow a longer period for doing those things—

(a) by specifying a longer period in the notification; or

(b) by subsequently, on one or more occasions, extending the specified period.

(5) The person notified has a shorter period for doing those things if a shorter period is agreed between OFCOM and the person notified.

(6) The person notified also has a shorter period if—

(a) OFCOM have reasonable grounds for believing that the case is urgent or a case of serious and repeated contravention;

(b) they have determined that, in the circumstances, a shorter period would be appropriate; and

(7) A case is urgent if the failure to revoke or modify the grant will result in, or create 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 person in contravention, who—

(i) use wireless telegraphy stations or wireless telegraphy apparatus; or

(ii) are communications providers or make associated facilities available.

(8) A contravention of a restriction or condition of a grant of recognised spectrum access is a repeated contravention, in relation to a proposal to revoke or modify the grant, if it falls within sub-paragraph (9).

(9) A contravention falls within this sub-paragraph if—

(a) a previous notification under sub-paragraph (1) has been given in respect of the same contravention or in respect of any other contravention of a restriction or condition of the same grant; and

(b) the subsequent notification under that sub-paragraph is given no more than 12 months after the day of the making by OFCOM of a determination for the purposes of sub-paragraph (10) that the contravention to which the previous notification related did occur.

(10) Where OFCOM have given a notification under sub-paragraph (1), they must, within the period of one month beginning with the end of the period for the making of representations about the proposal contained in that notification—

(a) decide whether or not to revoke or modify the grant of recognised spectrum access in accordance with their proposal, or in accordance with that proposal but with modifications; and

(b) give the holder of the grant a notification of their decision.

(11) The notification under sub-paragraph (10)—

(a) must be given no more than one week after the making of the decision to which it relates; and

(b) must, in accordance with that decision, either revoke or modify the grant or withdraw the proposal for revocation or modification.

(12) Nothing in this paragraph is to apply to—

(a) a revocation or modification to be made at the request or with the consent of the holder of the grant; or

(b) a revocation or modification that appears to OFCOM to be necessary or expedient for the purpose of securing compliance with an international obligation of the United Kingdom.

(13) The reference in sub-paragraph (9) to a contravention of a restriction or condition of the same grant includes a reference to a contravention of a restriction or condition contained in any previous grant of which the grant in question is a direct or indirect renewal.

Restriction on powers of revocation and modification

7

(1) The conditions that OFCOM may include in a grant of recognised spectrum access include conditions restricting the exercise by them of their power to revoke or modify the grant.

(2) Those conditions include, in particular, conditions providing that the grant may not be revoked or modified except—

(a) with the consent of the holder of the grant; or

(b) in such other circumstances and on such grounds as may be specified in the conditions.

(3) The circumstances or grounds may relate to matters relevant for the purposes of any enactment, whether relating to wireless telegraphy or not (and may, in particular, be made dependent on the exercise of a statutory discretion under any enactment).

(4) Nothing in a condition included in a grant of recognised spectrum access restricts the power of OFCOM to revoke or modify a grant of recognised spectrum access, if it appears to OFCOM to be necessary or appropriate to do so—

(a) in the interests of national security;

(b) in the interests of the safety of the public or public health; or

(5) “Enactment” has the same meaning as in the Communications Act 2003 (c. 21).

SCHEDULE 3

Notice of suspension

1

(1) On suspending the authority, the Secretary of State must give the person to whom the authority under section 52(3) was issued a notice—

(a) informing him of the suspension, of the grounds of the suspension and of his rights under this Schedule;

(b) further informing him that if he does not avail himself of those rights the Secretary of State may revoke the authority.

(2) Sub-paragraph (3) applies where it appears to the Secretary of State that it is not reasonably practicable to give the notice to the person to whom the authority was issued.

(3) The Secretary of State must take such steps, by advertisement or otherwise, to bring the notice to the person's knowledge as appear to the Secretary of State to be reasonable in the circumstances.

Reference to advisory committee

2

(1) The person to whom the authority was issued may request that the question whether the authority should be revoked, or its suspension continued or terminated, be referred to an advisory committee.

(2) The request is to be made within such period and in such manner as may be specified in the notice under paragraph 1.

(3) Where a request is made under sub-paragraph (1) the Secretary of State must, unless he terminates the suspension, refer the question to an advisory committee.

(4) For the purposes of this Schedule an advisory committee is a committee consisting of three persons appointed by the Secretary of State.

(5) The three persons appointed are to be—

(a) an independent chairman selected by the Secretary of State;

(b) a person nominated by such body or bodies representing employers of wireless operators as seem to the Secretary of State to be appropriate for the purpose;

(c) a person nominated by such association or associations representing wireless operators as seem to the Secretary of State to be appropriate for the purpose.

(6) Where a question is referred to an advisory committee under this paragraph, the committee must—

(a) inquire into the matter, and

(b) consider any representations made by the person to whom the authority was issued,

and then make a report to the Secretary of State.

(7) The report is to state—

(a) the facts as found by the committee, and

(b) the action that, in their opinion, ought to be taken as respects the revocation of the authority or the continuation or termination of its suspension.

(8) The Secretary of State is to consider the report.

Decision by Secretary of State

3

(1) Sub-paragraph (2) applies—

(a) after the Secretary of State has considered the report of the advisory committee; or

(b) if no request for a reference to an advisory committee has been made within the period and in the manner referred to in paragraph 2(2), on the expiry of that period.

(2) The Secretary of State must (as he thinks fit)—

(a) revoke the authority;

(b) terminate the suspension of the authority; or

(3) Sub-paragraph (4) applies where the Secretary of State revokes the authority or continues its suspension.

(4) The Secretary of State must, if requested to do so by the person to whom the authority was issued, inform him of the opinion expressed by the advisory committee as to the action that ought to be taken as respects—

(a) the revocation of the authority; or

(b) the continuation or termination of its suspension.

Payment of expenses

4

The Secretary of State is to pay—

(a) the expenses incurred by an advisory committee under this Schedule, to the extent determined by him; and

(b) such sums as he may determine in respect of the expenses of the members of the committee.

SCHEDULE 4

Offences to which this Schedule applies

1

(1) This Schedule applies to an offence under this Act (other than Part 4) which is a summary offence.

(2) Such an offence is referred to in this Schedule as a “relevant offence”.

Fixed penalties and fixed penalty notices

2

(1) The fixed penalty for a relevant offence is such amount as may be prescribed in relation to that offence by regulations made by the Secretary of State.

(2) The amount prescribed by regulations under sub-paragraph (1) is not to be more than 25 per cent. of the maximum fine on summary conviction for the offence in question or, where there is no maximum fine, 50 per cent. of the amount corresponding to level 4 on the standard scale for summary offences.

(3) In this Schedule “fixed penalty notice” means a notice offering the opportunity of the discharge of any liability to conviction of the offence to which the notice relates by payment of a fixed penalty in accordance with this Schedule.

Issuing of fixed penalty notice

3

(1) If OFCOM have reason to believe that a person has committed a relevant offence, they may send a fixed penalty notice to that person.

(2) If a procurator fiscal receives a report that a person has committed a relevant offence in Scotland, he also has power to send a fixed penalty notice to that person.

(3) If an authorised person has, on any occasion, reason to believe that a person—

(a) is committing a relevant offence, or

(b) has on that occasion committed a relevant offence,

he may hand that person a fixed penalty notice.

(4) “Authorised person” means a person authorised by OFCOM, for the purposes of sub-paragraph (3), to issue fixed penalty notices on OFCOM's behalf.

(5) References in this Schedule to the person by whom a fixed penalty notice is issued, in relation to a notice handed to a person in accordance with sub-paragraph (3), are references to OFCOM.

Content of fixed penalty notice

4

(1) A fixed penalty notice must—

(a) state the alleged offence;

(b) give such particulars of the circumstances alleged to constitute that offence as are necessary for giving reasonable information about it;

(d) specify the relevant officer to whom the fixed penalty may be paid and the address at which it may be paid;

(e) state that proceedings against the person to whom it is issued cannot be commenced in respect of the offence until the end of the suspended enforcement period;

(f) state that such proceedings cannot be commenced if the penalty is paid within the suspended enforcement period;

(g) inform the person to whom it is issued of his right to ask to be tried for the alleged offence; and

(h) explain how that right may be exercised and the effect of exercising it.

(2) The suspended enforcement period for the purposes of this Schedule is—

(a) the period of 28 days beginning with the day after that on which the fixed penalty notice was issued; or

(b) such longer period as may be specified in the notice.

Withdrawal of fixed penalty notice

5

If it appears to a person who has issued a fixed penalty notice that it was wrongly issued—

(a) he may withdraw the notice by a further notice to the person to whom it was issued; and

(b) if he does so, the relevant officer must repay any amount paid in respect of the penalty.

Notification to person to whom payment is to be made

6

A person who issues (or withdraws) a fixed penalty notice must send a copy of the notice (or of the notice of withdrawal) to the relevant officer specified in the notice being issued (or withdrawn).

Effect of fixed penalty notice

7

(1) This paragraph applies if a fixed penalty notice is issued to a person (“the alleged offender”).

(2) Proceedings for the offence to which the notice relates cannot be brought against the alleged offender until the person who issued the notice has been notified by the relevant officer specified in the notice that payment of the fixed penalty has not been made within the suspended enforcement period.

(3) If the alleged offender asks to be tried for the alleged offence—

(a) sub-paragraph (2) does not apply; and

(b) proceedings may be brought against him.

(4) Such a request must be made by a notice given by the alleged offender—

(a) in the manner specified in the fixed penalty notice; and

(b) before the end of the suspended enforcement period.

(5) A request made in accordance with sub-paragraph (3) is referred to in this Schedule as a “request to be tried”.

Payment of fixed penalty

8

(1) If the alleged offender decides to pay the fixed penalty, he must pay it to the relevant officer specified in the notice.

(2) Payment of the penalty may be made by properly addressing, pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise).

(3) Sub-paragraph (4) applies if a person—

(a) claims to have made payment by that method; and

(b) shows that his letter was posted.

(4) Unless the contrary is proved, payment is to be regarded as made at the time at which the letter would be delivered in the ordinary course of post.

(5) Sub-paragraph (2) does not prevent the payment of a penalty by other means.

(6) A letter is properly addressed for the purposes of sub-paragraph (2) if it is addressed in accordance with the requirements specified in the fixed penalty notice.

Effect of payment

9

If the fixed penalty specified in a fixed penalty notice is paid within the period specified in that notice, no proceedings for the offence to which that notice relates may be brought against the alleged offender.

Service of statement and proof of service

10

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

(2) A certificate by OFCOM—

(a) that a copy of a statement by a person authorised by OFCOM was included in, or given with, a fixed penalty notice,

(b) that the notice was a notice with respect to the relevant offence, and

is evidence that a copy of the statement was served on the alleged offender by delivery to him on that date.

(2A) The statement is to be treated as properly served for the purposes of section 9 of the Criminal Justice Act 1967 (proof by written statement), even though the manner of service is not authorised by Criminal Procedure Rules.

(3) The statement is to be treated as properly served for the purposes of—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28 (N.I.)) (corresponding provision for Northern Ireland),

even though the manner of service is not authorised by subsection (8) of that section.

(4) Sub-paragraphs (5) and (6) apply to any proceedings in which service of a statement is proved by a certificate under this paragraph.

(5) For the purposes of—

(a) section 9(2)(c) of the Criminal Justice Act 1967 (copy of statement to be tendered in evidence to be served before hearing on other parties to the proceedings by or on behalf of the party proposing to tender it), and

(b) section 1(2)(c) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (corresponding provision for Northern Ireland),

service of the statement is to be taken to have been effected by or on behalf of the prosecutor.

(5A) If the alleged offender makes a request to be tried, section 9(2A) of the Criminal Justice Act 1967 (time for objection) is to apply—

(a) with the substitution for the reference in paragraph (a) to such number of days, which may not be less than seven, from the service of the copy of the statement of a reference to such number of days, which may not be less than seven, beginning with the day after the one on which the request to be tried was made, and

(b) with the substitution for the reference in paragraph (b) to seven days from the service of the copy of the statement of a reference to seven days beginning with the day after the one on which the request to be tried was made.

(6) If the alleged offender makes a request to be tried—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) section 1(2)(d) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (corresponding provision for Northern Ireland),

is to apply with the substitution, for the reference to seven days from the service of the copy of the statement, of a reference to seven days beginning with the day after the one on which the request to be tried was made.

(7) This paragraph does not extend to Scotland.

Certificate about payment

11

In any proceedings, a certificate—

(a) that payment of a fixed penalty was, or was not, received by the relevant officer specified in the fixed penalty notice by a date specified in the certificate, or

(b) that a letter containing an amount sent by post in payment of a fixed penalty was marked as posted on a date specified in the certificate,

is evidence (and in Scotland sufficient evidence) of the facts stated, if the certificate purports to be signed by that officer.

Regulations

12

The Secretary of State may by regulations make provision as to any matter incidental to the operation of this Schedule, and in particular—

(a) for prescribing any information or further information to be provided in a notice, notification, certificate or receipt;

(b) for prescribing the duties of relevant officers and the information to be supplied to and by them.

Interpretation

13

In this Schedule “relevant officer” means—

(a) in relation to England and Wales, the designated officer for the magistrates' court;

(b) in relation to Scotland, the clerk of court; and

SCHEDULE 5

Power to order forfeiture

1

(1) Where a person is convicted of a relevant offence, the court may, as well as imposing any other penalty, order to be forfeited to OFCOM such of the things mentioned in sub-paragraph (2) as the court considers appropriate.

(2) The things are—

(a) any vehicle, ship or aircraft, or any structure or other object, that was used in connection with the commission of the offence;

(b) any wireless telegraphy apparatus or other apparatus in relation to which the offence was committed;

(d) any wireless telegraphy apparatus or other apparatus (not falling within paragraph (b) or (c)) that—

(i) was in the possession or under the control of the person convicted of the offence at the time he committed it, and

(ii) was intended to be used (whether or not by that person) in connection with the making of a broadcast or other transmission that would contravene section 8 or any provision of Part 5.

(3) References in sub-paragraph (2)(b) to (d) to apparatus other than wireless telegraphy apparatus include references to—

(a) recordings;

(b) equipment designed or adapted for use—

(i) in making recordings, or

(ii) in reproducing sounds or visual images from recordings;

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