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Change 1
As published
58 Contravening notice under section 55 or 56
(1) A person commits an offence if—
(a) he uses apparatus, or causes or permits apparatus to be used, knowing that a notice under section 55 is in force with respect to it; and
(b) the use of the apparatus contravenes the notice.
(2) A person who commits an offence under subsection (1) is liable on summary conviction—
(a) if the offence is one that falls within subsection (6), to a fine not exceeding level 5 on the standard scale;
(b) otherwise, to a fine not exceeding level 3 on the standard scale.
(3) In the application of subsection (2) to Scotland or Northern Ireland, paragraph (a) has effect as if for the words “to a fine not exceeding level 5 on the standard scale” there were substituted “ to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both ”.
(4) A person commits an offence if he contravenes the provisions of a notice given to him under section 56 (unless the notice has previously been revoked by OFCOM).
(5) A person who commits an offence under subsection (4) is liable on summary conviction—
(a) if the offence is one that falls within subsection (6), to a fine not exceeding level 5 on the standard scale;
(b) otherwise, to a fine not exceeding level 3 on the standard scale.
(6) An offence falls within this subsection if it involves or consists in a contravention of a notice under section 55 or 56 in relation to apparatus the use of which is likely to cause undue interference with wireless telegraphy used—
(a) for the purpose of a safety of life service; or
(b) for a purpose on which the safety of a person, or of a ship, aircraft or vehicle, may depend.
Your change, as a redline
58 Contravening notice under section 55 or 56
(1) A person commits an offence if—
(a) he uses apparatus, or causes or permits apparatus to be used, knowing that a notice under section 55 is in force with respect to it; and
(b) the use of the apparatus contravenes the notice.
(2) A person who commits an offence under subsection (1) is liable on summary conviction—
(a) if the offence is one that falls within subsection (6), to a fine not exceeding level 5 on the standard scale;
(b) otherwise, to a fine not exceeding level 3 on the standard scale.
(3) In the application of subsection (2) to Scotland or Northern Ireland, paragraph (a) has effect as if for the words “to a fine not exceeding level 5 on the standard scale” there were substituted “ to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both ”.
(4) A person commits an offence if he contravenes the provisions of a notice given to him under section 56 (unless the notice has previously been revoked by OFCOM).
(5) A person who commits an offence under subsection (4) is liable on summary conviction—
(a) if the offence is one that falls within subsection (6), to a fine not exceeding level 5 on the standard scale;
(b) otherwise, to a fine not exceeding level 3 on the standard scale.
(6) An offence falls within this subsection if it involves or consists in a contravention of a notice under section 55 or 56 in relation to apparatus the use of which is likely to cause undue interference with wireless telegraphy used—
(a) for the purpose of a safety of life service; or
(b) for a purpose on which the safety of a person, or of a ship, aircraft or vehicle, may depend.
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