Wireless Telegraphy Act 2006

• (c) any other equipment that is connected, directly or indirectly, to wireless telegraphy apparatus.

• (4) A relevant offence is—

• (a) an offence under Chapter 4 or 5 of Part 2 consisting in a contravention of any provision of that Part in relation to a wireless telegraphy station or wireless telegraphy apparatus (including an offence under section 37 or 38);

• (b) an offence under section 66;

• (c) an offence under section 68;

• (d) an offence under Part 5.

• (5) But the following are not relevant offences—

• (a) an offence under section 35 consisting in the installation or use of receiving apparatus;

• (b) an offence under section 36 committed in relation to receiving apparatus;

• (c) an offence under section 51(4).

Forfeiture in relation to restricted apparatus

2

• (1) Where a person is convicted of an offence under Part 2, 3 or 6 involving restricted apparatus, the court must order the apparatus to be forfeited to OFCOM unless the defendant or a person who claims to be the owner of, or otherwise interested in, the apparatus shows cause why it should not be forfeited.

• (2) This paragraph does not affect the operation of paragraph 1 in relation to apparatus that is not restricted apparatus.

• (3) Apparatus is restricted apparatus if custody or control of apparatus of any class or description to which it belongs is for the time being restricted by a restriction order under section 62.

Property of third parties

3

Apparatus may be ordered to be forfeited under paragraph 1 or 2 even if it is not the property of the person by whom the offence giving rise to the forfeiture was committed.

Disposal of apparatus

4

Apparatus ordered to be forfeited under paragraph 1 or 2 may be disposed of by OFCOM in such manner as they think fit.

Delivery to OFCOM

5

• (1) A court that orders apparatus to be forfeited under paragraph 1 or 2 may also order the person by whom the offence giving rise to the forfeiture was committed not to dispose of it except by delivering it up to OFCOM within 48 hours of being so required by them.

• (2) A person against whom an order is made under sub-paragraph (1) commits a further offence if—

• (a) he contravenes the order; or

• (b) he fails to deliver up the apparatus to OFCOM as required.

• (3) An offence under sub-paragraph (2) is punishable as if it were committed under the same provision, and at the same time, as the offence for which the forfeiture was ordered.

Provisions as to disposal of property disapplied

6

Section 140 of the Magistrates' Courts Act 1980 (c. 43) and Article 58 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (under which magistrates sell or dispose of forfeited property) do not apply in relation to apparatus ordered to be forfeited under paragraph 1 or 2.

Provisions as to deprivation of property disapplied

7

The following provisions (under which a court convicting a person of an offence has power to deprive him of property used etc for purposes of crime) do not apply where a person is convicted of an offence under Part 2, 3 or 5—

• (a) section 153 of the Sentencing Code;

• (b) Part 2 of the Proceeds of Crime (Scotland) Act 1995 (c. 43);

• (c) Article 11 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)).

SCHEDULE 6

Application of Schedule

1

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

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

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

• (2) Apparatus is restricted apparatus for the purposes of this Schedule if custody or control of apparatus of any class or description to which it belongs is for the time being restricted by a restriction order under section 62.

Notice of seizure

2

• (1) OFCOM must give notice of the seizure of the restricted apparatus to every person who, to their knowledge, was at the time of the seizure the owner or one of the owners of the apparatus.

• (2) The notice must set out the grounds of the seizure.

• (3) Where there is no proper address for the purposes of the service of a notice under sub-paragraph (1) in a manner authorised by section 112, the requirements of that sub-paragraph shall be satisfied by the publication of a notice of the seizure in the London, Edinburgh or Belfast Gazette (according to the part of the United Kingdom where the seizure took place).

• (4) Apparatus may be condemned or taken to have been condemned under this Schedule only if the requirements of this paragraph have been complied with in the case of that apparatus.

Notice of claim

3

A person claiming that the restricted apparatus is not liable to forfeiture must give written notice of his claim to OFCOM.

4

• (1) A notice of claim must be given within one month after the day of the giving of the notice of seizure.

• (2) A notice of claim must specify—

• (a) the name and address of the claimant; and

• (b) in the case of a claimant who is outside the United Kingdom, the name and address of a solicitor in the United Kingdom who is authorised to accept service of process and to act on behalf of the claimant.

• (3) Service of process upon a solicitor so specified is to be taken to be proper service upon the claimant.

Condemnation

5

The restricted apparatus is to be taken to have been duly condemned as forfeited if—

• (a) by the end of the period for the giving of a notice of claim in respect of the apparatus, no notice of claim has been given to OFCOM; or

• (b) a notice of claim is given which does not comply with the requirements of paragraphs 3 and 4.

6

• (1) Where a notice of claim in respect of the restricted apparatus is duly given in accordance with paragraphs 3 and 4, OFCOM may take proceedings for the condemnation of the apparatus by the court.

• (2) In such proceedings—

• (a) if the court finds that the apparatus was liable to forfeiture at the time of seizure, it must condemn the apparatus as forfeited unless cause is shown why it should not; and

• (b) if the court finds that the apparatus was not liable to forfeiture at that time, or cause is shown why it should not be forfeited, the court must order the return of the apparatus to the person appearing to the court to be entitled to it.

• (3) If OFCOM decide not to take proceedings for condemnation in a case in which a notice of claim has been so given, they must return the apparatus to the person appearing to them to be the owner of the apparatus, or to one of the persons appearing to them to be the owners of it.

• (4) Apparatus required to be returned in accordance with sub-paragraph (3) must be returned as soon as reasonably practicable after the decision not to take proceedings for condemnation.

• (5) OFCOM's decision whether to take such proceedings must be taken as soon as reasonably practicable after the receipt of the notice of claim.

7

Where the restricted apparatus is condemned or taken to have been condemned as forfeited, the forfeiture is to have effect as from the time of the seizure.

Proceedings for condemnation by court

8

Proceedings for condemnation are civil proceedings and may be instituted—

• (a) in England or Wales, in the High Court or in a magistrates' court;

• (b) in Scotland, in the Court of Session or in the sheriff court;

• (c) in Northern Ireland, in the High Court or in a court of summary jurisdiction.

9

Proceedings for the condemnation of restricted apparatus instituted in a magistrates' court in England or Wales, in the sheriff court in Scotland or in a court of summary jurisdiction in Northern Ireland may be so instituted—

• (a) in a court having jurisdiction in a place where an offence under section 66 involving that apparatus was committed;

• (b) in a court having jurisdiction in proceedings for such an offence;

• (c) in a court having jurisdiction in the place where the claimant resides or, if the claimant has specified a solicitor under paragraph 4, in the place where that solicitor has his office; or

• (d) in a court having jurisdiction in the place where that apparatus was seized or to which it was first brought after being seized.

10

• (1) In proceedings for condemnation that are instituted in England and Wales or Northern Ireland, the claimant or his solicitor must make his oath that the seized apparatus was, or was to the best of his knowledge and belief, the property of the claimant at the time of the seizure.

• (2) In proceedings for condemnation instituted in the High Court—

• (a) the court may require the claimant to give such security for the costs of the proceedings as may be determined by the court; and

• (b) the claimant must comply with such a requirement.

• (3) If a requirement of this paragraph is not complied with, the court must give judgment for OFCOM.

11

• (1) In the case of proceedings for condemnation instituted in a magistrates' court in England or Wales, either party may appeal against the decision of that court to the Crown Court.

• (2) In the case of proceedings for condemnation instituted in a court of summary jurisdiction in Northern Ireland, either party may appeal against the decision of that court to the county court.

• (3) This paragraph does not affect any right to require the statement of a case for the opinion of the High Court.

12

Where an appeal has been made (whether by case stated or otherwise) against the decision of the court in proceedings for the condemnation of restricted apparatus, the apparatus is to be left with OFCOM pending the final determination of the matter.

Disposal of unclaimed property

13

• (1) This paragraph applies where a requirement is imposed by or under this Schedule for apparatus to be returned to a person.

• (2) If the apparatus is still in OFCOM's possession after the end of the period of 12 months beginning with the day after the requirement to return it arose, OFCOM may dispose of it in any manner they think fit.

• (3) OFCOM may exercise their power under this paragraph to dispose of apparatus only if it is not practicable at the time when the power is exercised to dispose of the apparatus by returning it immediately to the person to whom it is required to be returned.

Provisions as to proof

14

In proceedings arising out of the seizure of restricted apparatus, the fact, form and manner of the seizure is to be taken, without further evidence and unless the contrary is shown, to have been as set forth in the process.

15

In any proceedings, the condemnation by a court of restricted apparatus as forfeited may be proved by the production of—

• (a) the order or certificate of condemnation; or

• (b) a certified copy of the order purporting to be signed by an officer of the court by which the order or certificate was made or granted.

Special provisions as to certain claimants

16

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

• (a) a claim to the restricted apparatus; and

• (b) proceedings for its condemnation.

• (2) Where at the time of the seizure the apparatus is—

• (a) the property of a body corporate,

• (b) the property of two or more partners, or

• (c) the property of more than five persons,

the oath required by paragraph 10 to be taken by the claimant, and any other thing required by this Schedule or by rules of court to be done by the owner of the apparatus, may be done by a person falling within sub-paragraph (3) or by a person authorised to act on his behalf.

• (3) The persons are—

• (a) where the owner is a body corporate, the secretary or some duly authorised officer of that body;

• (b) where the owners are in partnership, any one or more of the owners;

• (c) where there are more than five owners and they are not in partnership, any two or more of the owners acting on behalf of themselves and any of their co-owners who are not acting on their own behalf.

Saving for owner’s rights

17

Neither the imposition of a requirement by or under this Schedule to return apparatus to a person nor the return of apparatus to a person in accordance with such a requirement affects—

• (a) the rights in relation to that apparatus of any other person; or

• (b) the right of any other person to enforce his rights against the person to whom it is returned.

SCHEDULE 7

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

1

In section 14 of the Defamation Act (Northern Ireland) 1955 (interpretation) in subsection (2), for “the Wireless Telegraphy Act, 1949” substitute “ the Wireless Telegraphy Act 2006 ”.

Wireless Telegraphy Act 1967 (c. 72)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Theatres Act 1968 (c. 54)

3

In section 7 of the Theatres Act 1968 (exceptions for performances given in certain circumstances) in subsection (3), for “the Wireless Telegraphy Act 1949” substitute “ the Wireless Telegraphy Act 2006 ”.

Port of London Act 1968 (c. xxxii)

4

In section 190 of the Port of London Act 1968 (saving for Wireless Telegraphy Act 1949 etc) in subsection (1), for the words from “apparatus for” to “Act 1949” substitute “ wireless telegraphy apparatus (within the meaning of the Wireless Telegraphy Act 2006) ”.

Local Government Act 1972 (c. 70)

5

In section 142 of the Local Government Act 1972 (provision by local authorities of information relating to their activities) in subsection (1AC), in paragraph (a), for “the Wireless Telegraphy Act 1949” substitute “ Part 2 of the Wireless Telegraphy Act 2006 ”.

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

6

In section 53 of the Thames Barrier and Flood Prevention Act 1972 (saving for Wireless Telegraphy Act 1949) for the words from “apparatus for” to “Act 1949” substitute “ wireless telegraphy apparatus (within the meaning of the Wireless Telegraphy Act 2006) ”.

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

7

In section 9 of the Road Traffic (Driver Licensing and Information Systems) Act 1989 (requirement for licence to operate driver information system) in subsection (3)(a), for “a licence under section 1 of the Wireless Telegraphy Act 1949” substitute “ a licence under section 8 of the Wireless Telegraphy Act 2006 ”.

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

8

In Article 26(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (offences for which power of summary arrest available) omit the sub-paragraph (j) relating to section 14(1) of the Wireless Telegraphy Act 1949 (c. 54) and at the end insert—

(r) an offence under— (i) section 35 of the Wireless Telegraphy Act 2006 (unauthorised use etc of wireless telegraphy station or apparatus) to which section 35(2) applies; (ii) section 36 of that Act (keeping wireless telegraphy station or apparatus available for unauthorised use) to which section 36(2) applies; (iii) section 37 of that Act (allowing premises to be used for unlawful broadcasting); (iv) section 38 of that Act (facilitating unauthorised broadcasting); (v) section 47 of that Act (misleading messages); (vi) section 68 of that Act (deliberate interference).

Broadcasting Act 1990 (c. 42)

9

The Broadcasting Act 1990 is amended as follows.

10

In section 3 (licences under Part 1 of that Act) in subsection (8)(a), for “a licence under section 1 of the Wireless Telegraphy Act 1949” substitute “ a licence under section 8 of the Wireless Telegraphy Act 2006 ”.

11

In section 86 (licences under Part 3 of that Act) in subsection (9)(a), for “a licence under section 1 of the Wireless Telegraphy Act 1949” substitute “ a licence under section 8 of the Wireless Telegraphy Act 2006 ”.

12

• (1) Section 89 (offences giving rise to disqualification) is amended as follows.

• (2) In subsection (1) (disqualification from holding licence on grounds of conviction for transmitting offence), for paragraphs (a), (aa), (ab) and (b) substitute—

(a) an offence under section 35 of the Wireless Telegraphy Act 2006 (unauthorised use etc of wireless telegraphy station or apparatus) consisting in the establishment or use of a wireless telegraphy station, or the installation or use of wireless telegraphy apparatus, for the purpose of making a broadcast (within the meaning of Part 5 of that Act); (aa) an offence under section 36 of that Act (keeping wireless telegraphy station or apparatus available for unauthorised use) where the relevant contravention of section 8 of that Act would constitute an offence falling within paragraph (a); (ab) an offence under section 37 or 38 of that Act (unlawful broadcasting offences); (b) an offence under Part 5 of that Act (prohibition of broadcasting from sea or air); or

.

• (3) In subsection (3)(b) (licence conditions excluding persons disqualified) for “a station for wireless telegraphy” substitute “ a wireless telegraphy station ”.

13

In section 202 (general interpretation) in subsection (1), for the definitions of “wireless telegraphy” and “station for wireless telegraphy” substitute—

“wireless telegraphy” and “wireless telegraphy station” each has the same meaning as in the Wireless Telegraphy Act 2006.

Intelligence Services Act 1994 (c. 13)

14

In section 11 of the Intelligence Services Act 1994 (interpretation and consequential amendments) in subsection (1)(e), for “the Wireless Telegraphy Act 1949” substitute “ the Wireless Telegraphy Act 2006 ”.

Merchant Shipping Act 1995 (c. 21)

15

In section 91 of the Merchant Shipping Act 1995 (report of dangers to navigation) in subsection (7), for the definitions of “wireless telegraphy licence” and “station for wireless telegraphy” substitute—

“wireless telegraphy licence” has the same meaning as in the Wireless Telegraphy Act 2006, and “station for wireless telegraphy” has the same meaning as “wireless telegraphy station” in that Act.

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

16

In section 302 of the Criminal Procedure (Scotland) Act 1995 (fixed penalty: conditional offer by procurator fiscal) in subsection (9)(a), for “Schedule 6 to the Communications Act 2003” substitute “ Schedule 4 to the Wireless Telegraphy Act 2006 ”.

Broadcasting Act 1996 (c. 55)

17

In section 3 of the Broadcasting Act 1996 (licences under Part 1 of that Act) in subsection (8)(a), for “a licence under section 1 of the Wireless Telegraphy Act 1949” substitute “ a licence under section 8 of the Wireless Telegraphy Act 2006 ”.

18

In section 42 of that Act (licences under Part 2 of that Act) in subsection (7)(a), for “a licence under section 1 of the Wireless Telegraphy Act 1949” substitute “ a licence under section 8 of the Wireless Telegraphy Act 2006 ”.

Police Act 1997 (c. 50)

19

In section 108 of the Police Act 1997 (interpretation of Part 3) in subsection (1), in the definition of “wireless telegraphy”, for “the Wireless Telegraphy Act 1949” substitute “ the Wireless Telegraphy Act 2006 ”.

Terrorism Act 2000 (c. 11)

20

In Schedule 10 to the Terrorism Act 2000 (munitions and transmitters: search and seizure) in paragraph 1(3), in the definition of “wireless telegraphy”, for “has the same meaning as in section 19(1) of the Wireless Telegraphy Act 1949” substitute “ has the meaning given by section 116 of the Wireless Telegraphy Act 2006 ”.

Regulation of Investigatory Powers Act 2000 (c. 23)

21

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

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

In section 81 (general interpretation) in subsection (1), in the definition of “wireless telegraphy”, for “the Wireless Telegraphy Act 1949” substitute “ the Wireless Telegraphy Act 2006 ”.

Communications Act 2003 (c. 21)

25

The Communications Act 2003 is amended as follows.

26

In section 14 (consumer research) in subsection (2), for “the Wireless Telegraphy Act 1949 (c. 54)” substitute “ the Wireless Telegraphy Act 2006 ”.

27

In section 190 (resolution of disputes referred to OFCOM) in subsection (4)(c), for “regulations under section 1 or 3 of the Wireless Telegraphy Act 1949 (c. 54)” substitute “ regulations under section 8 or 45 of the Wireless Telegraphy Act 2006 ”.

28

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

• (a) in paragraph (a), for “, the Wireless Telegraphy Act 1949 (c. 54) or the Wireless Telegraphy Act 1998 (c. 6)” substitute “ or any of Parts 1 to 3 of the Wireless Telegraphy Act 2006 ”, and

• (b) in paragraph (d)(iv), for “section 156” substitute “ section 5 of the Wireless Telegraphy Act 2006 ”.

29

In section 364 (TV licences) in subsection (2)(f), for “the Wireless Telegraphy Act 1949 (c. 54)” substitute “ the Wireless Telegraphy Act 2006 ”.

30

In section 366 (powers to enforce TV licensing) in subsection (10), in the definition of “interference”, for “the Wireless Telegraphy Act 1949 (c. 54)” substitute “ the Wireless Telegraphy Act 2006 ”.

31

In section 393 (general restrictions on disclosure of information) in subsection (5), after paragraph (n) insert—

(na) the Wireless Telegraphy Act 2006;

.

32

In section 400 (destination of licence fees and penalties), in subsection (1)—

• (a) in paragraph (c), for “the Wireless Telegraphy Act 1998 (c. 6)” substitute “ Chapter 1 or 2 of Part 2 of the Wireless Telegraphy Act 2006 ”, and

• (b) in paragraph (d), for “section 175” substitute “ section 42 of that Act ”.

33

• (1) Section 401 (power of OFCOM to retain costs of carrying out spectrum functions) is amended as follows.

• (2) In subsection (1), for “the Wireless Telegraphy Act 1998 (c. 6)” substitute “ Chapter 1 or 2 of Part 2 of the Wireless Telegraphy Act 2006 ”.

• (3) In subsection (5), for paragraphs (b) to (g) (and the word “and” following paragraph (g)) substitute—

(b) their functions under section 1(1) and (2) of the Wireless Telegraphy Act 2006 so far as carried out in relation to the use of the electromagnetic spectrum at places outside the United Kingdom, and their functions under section 1(5); (c) their functions under section 4 of that Act; (d) their functions under section 7 of that Act; (e) their functions under section 30 of that Act; (f) their functions under sections 42 to 44 of that Act; (g) any functions conferred on them under sections 47 to 49 of that Act; and

.

• (4) In paragraph (h) of that subsection, for “or 152(8) of this Act” substitute “ of this Act or section 1(8) of the Wireless Telegraphy Act 2006 ”.

34

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

• (2) In subsection (1), in the definition of “the enactments relating to the management of the radio spectrum”—

• (a) for paragraphs (a) to (f) (and the word “and” following paragraph (f)) substitute—

(a) the Wireless Telegraphy Act 2006; and

, and

• (b) for paragraph (g) substitute—

(g) the provisions of this Act so far as relating to that Act;

.

• (3) In that subsection, for the definition of “wireless telegraphy” substitute—

“wireless telegraphy” has the same meaning as in the Wireless Telegraphy Act 2006;

.

• (4) In that subsection, for the definition of “wireless telegraphy licence” substitute—

“wireless telegraphy licence” means a licence granted under section 8 of the Wireless Telegraphy Act 2006.

35

In section 410 (application of enactments to territorial sea and other waters) in subsection (1)—

• (a) in paragraph (b), after “that Part” insert “ or the Wireless Telegraphy Act 2006 ”, and

• (b) in paragraph (c), after “made” insert “ or a matter as respects which the Wireless Telegraphy Act 2006 makes provision ”.

36

In Schedule 8 (decisions not subject to civil appeal), omit paragraphs 13 to 36 and at end insert—

(37) A decision relating to the publication of the United Kingdom Plan for Frequency Authorisation. (38) A decision in exercise of the functions conferred on OFCOM by section 1 as to— (a) the services, records and advice to be provided, maintained or given by them; (b) the research to be carried out or the arrangements made for carrying it out; or (c) the making or terms of any grant. (39) A decision under section 4 or 7. (40) A decision given effect to— (a) by regulations under section 8(3), 12, 14, 18, 21, 23, 27, 30, 45 or 54 or paragraph 1 of Schedule 1 or paragraph 1 of Schedule 2; (b) by an order under section 29 or 62. (41) A decision relating to the recovery of a sum payable to OFCOM under section 15 or 24. (42) A decision given effect to by regulations under section 31 and any decision under any such regulations. (43) A decision relating to the making or revision of a statement under— (a) section 34, or (b) section 44. (44) A decision to impose a penalty under section 42(1). (45) A decision for the purposes of section 59. (46) A decision relating to an authority under section 62(5).

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

37

In section 146 of the Income Tax (Trading and Other Income) Act 2005 (meaning of “relevant telecommunication right”), in paragraph (a) (wireless telegraphy licence), for the words from “granted” to “licences),” substitute “ granted under section 8 of the Wireless Telegraphy Act 2006 in accordance with regulations made under section 14 of that Act (bidding for licences), ”.

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

38

In Part 1 of Schedule 2 to the Commissioners for Revenue and Customs Act 2005 (functions of Commissioners and officers: restrictions)—

• (a) in paragraph 1, for “an authority under section 5 of the Wireless Telegraphy Act 1949 (interception, &c.)” substitute “ an authority for the purposes of section 48 of the Wireless Telegraphy Act 2006 (interception, &c.) ”, and

• (b) for the italic cross-heading before that paragraph substitute “Wireless Telegraphy Act 2006 (c. 36)”.

SCHEDULE 8

Part 1 — Transitional provisions and savings

General provisions

1

The substitution of provisions of this Act for provisions repealed or revoked by it does not affect the continuity of the law.

2

Anything done, or having effect as if done, under or for the purposes of a provision repealed by this Act (including subordinate legislation so made or having effect as if so made), and in force or effective immediately before the commencement of this Act, has effect after that commencement as if done under or for the purposes of the corresponding provision of this Act.

3

A reference (express or implied) in this Act or another enactment, or in an instrument or document, to a provision of this Act is (so far as the context permits) to be read as (according to the context) being or including a reference to the corresponding provision repealed by this Act, in relation to times, circumstances or purposes in relation to which the repealed provision had effect.

4

• (1) A reference (express or implied) in an enactment, or in an instrument or document, to a provision repealed by this Act is (so far as the context permits) to be read as (according to the context) being or including a reference to the corresponding provision of this Act, in relation to times, circumstances and purposes in relation to which that corresponding provision has effect.

• (2) In particular, where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of this Act that reproduce such enactments.

5

Paragraphs 1 to 4 have effect in place of section 17(2) of the Interpretation Act 1978 (c. 30) (but do not affect the application of any other provision of that Act).

6

Paragraphs 2 and 4(1) do not apply to an Order in Council to which paragraph 24(1) applies.

General rule for old savings

7

• (1) The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.

• (2) The repeal by this Act of a saving on the previous repeal of an enactment does not affect the saving in so far as it remains capable of having effect.

Use of existing forms etc

8

A reference to an enactment repealed by this Act which is contained in a document made, served or issued on or after the commencement of that repeal is to be read, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of this Act.

Regulatory Reform Act 2001 (c. 6)

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

10

An order under Part 2 of the Deregulation and Contracting Out Act 1994 (c. 40) which is in force immediately before the commencement of this Act and, by virtue of paragraph 6 of Schedule 18 to the Communications Act 2003 (c. 21), has effect as if made by virtue of section 1(7) of that Act shall, so long as the order remains in force, continue to have that effect by virtue of this paragraph.

Wireless telegraphy licences granted before 18th June 1998

11

• (1) This paragraph has effect in relation to wireless telegraphy licences granted before 18th June 1998 (the date on which section 1 of the Wireless Telegraphy Act 1998 (c. 6) came into force).

• (2) Where this paragraph has effect, section 12 is the provision of this Act which, for the purposes of paragraph 4(1) of this Schedule, corresponds to section 2(1) of the Wireless Telegraphy Act 1949 (c. 54).

Procedures treated as prescribed by regulations made by OFCOM

12

• (1) Sub-paragraph (2) applies where, immediately before the commencement of this Act, procedures have effect, by virtue of paragraph 20(2) or 21(2) of Schedule 18 to the Communications Act 2003 (c. 21), as if prescribed by OFCOM by regulations under—

• (a) section 1D(3) of the Wireless Telegraphy Act 1949, or

• (b) section 3 of the Wireless Telegraphy Act 1998.

• (2) In relation to times after the commencement of this Act, the procedures are to have effect as if prescribed by OFCOM by regulations under—

• (a) paragraph 1 of Schedule 1, or

• (b) section 14.

• (3) A notice under—

• (a) section 1D of the Wireless Telegraphy Act 1949, or

• (b) regulations under section 3 of the Wireless Telegraphy Act 1998,

which is in force immediately before the commencement of this Act and, by virtue of paragraph 20 or 21 of Schedule 18, has effect as if it authorised or required a thing to be done by or in relation to OFCOM shall, so long as it remains in force, continue to have that effect by virtue of this paragraph.

Tribunal established under section 9 of the Wireless Telegraphy Act 1949

13

The repeal by this Act of sections 11 and 12 of the Wireless Telegraphy Act 1949 does not affect the continued operation of section 11 or 12 (without the amendments made in those sections by section 178 of the Communications Act 2003) in relation to a notice under section 11(1) or (2) or section 12(1) that is served before 25th July 2003.

References to Postmaster General etc

14

The repeal by this Act of part of section 3(1)(ii) of the Post Office Act 1969 (c. 48) is not to affect the continued operation of section 3(1)(ii) in relation to a provision of regulations or a licence where the regulations were made or the licence was granted under the Wireless Telegraphy Act 1949 before 1st October 1969 (the day on which functions of the Postmaster General were transferred to the Minister).

Procedure for prosecutions

15

• (1) This paragraph has effect in relation to prosecutions to which section 41 of this Act applies.

• (2) The restrictions on the bringing of proceedings which are imposed by section 41(2) and (3) do not have effect in relation to proceedings started before 25th July 2003 (the date on which section 174 of the Communications Act 2003 (c. 21) came into force).

Penalties for certain offences triable either way

16

In relation to an offence committed before 2 May 2022, the references in the following provisions to periods of imprisonment of the general limit in a magistrates’ court are to be read as references to periods of imprisonment of six months—

• (a) section 35(2);

• (b) section 36(2);

• (c) section 37(2);

• (d) section 38(6);

• (e) section 47(4);

• (f) section 68(3);

• (g) section 93(1).

Penalties for offences: unauthorised use of wireless telegraphy station etc

17

In relation to an offence committed before 18th September 2003 (the date on which section 179 of the Communications Act 2003 came into force), each of sections 35(5) and 36(5) is to have effect as if for the words from “is liable” to the end there were substituted

is liable— (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

18

In relation to an offence committed on or after 18th September 2003 but before the commencement of section 281(5) of the Criminal Justice Act 2003, the references in the following provisions to periods of imprisonment of 51 weeks are to be read as references to periods of imprisonment of six months—

• (a) section 35(5);

• (b) section 36(5).

Penalties for offences: contravening notice under section 55 or 56

19

In relation to an offence committed before the commencement of section 280 of the Criminal Justice Act 2003, section 58(2) has effect as if in paragraph (a) 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”.

Fixed penalties for wireless telegraphy offences

20

Schedule 4 to this Act does not apply to offences committed before the day which is the relevant commencement date for the purposes of paragraph 27 of this Schedule.

Powers of seizure

21

In relation to an offence committed before 18th September 2003 (the date on which section 179 of the Communications Act 2003 (c. 21) came into force), section 99(1) of this Act has effect with the omission of paragraph (c).

Forfeiture etc of restricted apparatus

22

Nothing in section 104 of, and Schedule 6 to, this Act applies in relation to apparatus seized before 29th December 2003 (the date on which section 182 of the Communications Act 2003 came into force).

Appeals of wireless telegraphy decisions

23

The repeals made by this Act do not affect the continued operation of paragraph 23(2) of Schedule 18 to the Communications Act 2003 as regards decisions against which an appeal could have been brought under section 1F of the Wireless Telegraphy Act 1949 (c. 54).

Orders in Council: section 118

24

• (1) An Order in Council made under a provision that is repealed by this Act and re-enacted in section 118(3) continues to have effect despite the repeal of that provision.

• (2) An Order in Council made under section 118(3) may amend or revoke an Order in Council continued in effect by sub-paragraph (1).

Orders in Council: continental shelf

25

• (1) This paragraph applies in the case of an Order in Council which, as a result of paragraph 63 of Schedule 18 to the Communications Act 2003 (provision relating to Orders in Council under section 6 of the Continental Shelf Act 1964 (c. 29)), has effect, immediately before the commencement of this Act, as if made under section 410 of the Communications Act 2003.

• (2) An Order in Council to which this paragraph applies is to have effect, after the commencement of this Act, as an Order in Council made in exercise of the powers conferred by section 120.

Part 2 — Transitory modifications

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

26

• (1) This paragraph applies if paragraph 25 of Schedule 7 to the Justice (Northern Ireland) Act 2002 has not come into force before the commencement of this Act.

• (2) Until the relevant commencement date, section 93(4)(b) has effect as if for “the Advocate General for Northern Ireland” there were substituted “ the Attorney General for Northern Ireland ”.

• (3) The relevant commencement date is—

• (a) if an order has been made before the commencement of this Act appointing a day after that commencement as the day for the coming into force of paragraph 25 of Schedule 7 to the Justice (Northern Ireland) Act 2002 (c. 26), the day so appointed;

• (b) otherwise, such day as the Secretary of State may by order appoint.

Communications Act 2003 (c. 21)

27

• (1) This paragraph applies if—

• (a) section 180 of the Communications Act 2003, and

• (b) Schedule 6 to that Act,

have not come into force before the commencement of this Act.

• (2) Until the relevant commencement date, this Act has effect with the omission of—

• (a) section 96, and

• (b) Schedule 4.

• (3) The relevant commencement date is—

• (a) if an order has been made before the commencement of this Act appointing a day after that commencement as the day for the coming into force of the provisions mentioned in sub-paragraph (1), the day so appointed;

• (b) otherwise, such day as the Secretary of State may by order appoint.

Power to make transitional provision

28

Section 121(3) of this Act does not apply to an order made by the Secretary of State under paragraph 26 or 27, but—

• (a) an order under paragraph 26 may make such provision as may be made by an order under section 89(1) of the Justice (Northern Ireland) Act 2002 in connection with the coming into force of a provision of that Act, and

• (b) an order under paragraph 27 may make such provision as, by virtue of section 411(4) of the Communications Act 2003, is authorised to be made by an order under section 411(2) of that Act.

Saving for old transitional provisions

29

• (1) This paragraph applies to any transitional or transitory provision or saving (“the transitional provision”) made in connection with the coming into force of any provision of the Justice (Northern Ireland) Act 2002 or the Communications Act 2003 mentioned in sub-paragraph (1) of paragraph 26 or 27 (“the old enactment”).

• (2) If the old enactment is in force before the commencement of the provision of this Act reproducing its effect (“the corresponding provision of this Act”), the transitional provision is to continue to have effect (so far as capable of doing so) in relation to the corresponding provision of this Act.

• (3) Sub-paragraph (4) applies if—

• (a) sub-paragraph (2) does not apply, but

• (b) before the commencement of this Act an order has been made appointing a day for the coming into force of the old enactment.

• (4) The transitional provision is to have effect from the date so appointed in relation to the corresponding provision of this Act.

SCHEDULE 9

Part 1 — Repeals

Part 2 — Revocations

Procedure for directions

Restriction on grant of exclusive licence

Review of long licences

Procedure

Review of long licences

Restriction on grant of exclusive licence

Sections 12 to 16: interpretation

Procedure

Procedure

Matters taken into account

Matters taken into account

Recovery

Recovery

Sections 21 to 25: interpretation

Payments by the Crown

Sections 21 to 25: interpretation

Spectrum trading

Consultation before grant of exclusive licence

Consultation before grant of exclusive licence

Consultation before grant of exclusive licence

Amount of penalty under section 42

Relevant amount of gross revenue

Bidding for licences

Wireless personnel

Sections 12 to 16: interpretation

Wireless personnel

Regulations about use and sale etc of apparatus

Entry and search of premises etc

Approval of apparatus

Terms, provisions and limitations

Terms, provisions and limitations

Fines in Scotland

Obstruction and failure to assist

Regulations

Service of documents

Orders and regulations made by Secretary of State

General procedure for applications

Time limits

Information to be provided in connection with applications

Proposed refusal

Duration

Revocation or variation

Notification of proposed revocation or variation

Restriction on powers of revocation and variation

General procedure for applications

Information to be provided in connection with applications

Notice of proposed refusal of application

Duration of grant

Revocation or modification

Notice of proposed revocation or modification

Restriction on powers of revocation and modification

Notice of suspension

Reference to advisory committee

Decision by Secretary of State

Payment of expenses

Offences to which this Schedule applies

Fixed penalties and fixed penalty notices

Issuing of fixed penalty notice

Content of fixed penalty notice

Withdrawal of fixed penalty notice

Notification to person to whom payment is to be made

Effect of fixed penalty notice

Payment of fixed penalty

Effect of payment

Service of statement and proof of service

Certificate about payment

Regulations

Interpretation

Power to order forfeiture

Forfeiture in relation to restricted apparatus

Property of third parties

Disposal of apparatus

Delivery to OFCOM

Provisions as to disposal of property disapplied

Provisions as to deprivation of property disapplied

Application of Schedule

Notice of seizure

Notice of claim

Condemnation

Proceedings for condemnation by court

Disposal of unclaimed property

Provisions as to proof

Special provisions as to certain claimants

Saving for owner's rights

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

Wireless Telegraphy Act 1967 (c. 72)

Theatres Act 1968 (c. 54)

Port of London Act 1968 (c. xxxii)

Local Government Act 1972 (c. 70)

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

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

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

Broadcasting Act 1990 (c. 42)

Intelligence Services Act 1994 (c. 13)

Merchant Shipping Act 1995 (c. 21)

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

Broadcasting Act 1996 (c. 55)

Police Act 1997 (c. 50)

Terrorism Act 2000 (c. 11)

Regulation of Investigatory Powers Act 2000 (c. 23)

Communications Act 2003 (c. 21)

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

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

General provisions

General rule for old savings

Use of existing forms etc

Regulatory Reform Act 2001 (c. 6)

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

Wireless telegraphy licences granted before 18th June 1998

Procedures treated as prescribed by regulations made by OFCOM

Tribunal established under section 9 of the Wireless Telegraphy Act 1949

References to Postmaster General etc

Procedure for prosecutions

Penalties for certain offences triable either way

Penalties for offences: unauthorised use of wireless telegraphy station etc

Penalties for offences: contravening notice under section 55 or 56

Fixed penalties for wireless telegraphy offences

Powers of seizure

Forfeiture etc of restricted apparatus

Appeals of wireless telegraphy decisions

Orders in Council: section 118

Orders in Council: continental shelf

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

Communications Act 2003 (c. 21)

Power to make transitional provision

Saving for old transitional provisions

Editorial notes