Law

Wireless Telegraphy Act 2006

United Kingdom · statute

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In force since 2026-04-06, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 162 provisions

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162 provisions

94 Saving for certain broadcasts

Nothing in this Part makes it unlawful to do anything under and in accordance with a wireless telegraphy licence, or to procure anything to be so done.

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95 Part 5: interpretation

(1) In this Part— “British-registered” means registered in the United Kingdom, the Isle of Man or any of the Channel Islands; “broadcast” means a broadcast by wireless telegraphy of sounds or visual images intended for general reception (whether or not the sounds or images are actually received by anyone), but does not include a broadcast consisting in a message or signal sent in connection with navigation or for the purpose of securing safety; “designated area” has the meaning given by section 1(7) of the Continental Shelf Act 1964 (c. 29); “external waters” means the whole of the sea adjacent to the United Kingdom that is within the seaward limits of UK territorial sea; “the high seas” means seas that are not within the seaward limits of UK territorial sea or of the territorial waters adjacent to a country or territory outside the United Kingdom. (2) For the purposes of this Part references to a “British person” are references to— (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen; (b) a person who under the British Nationality Act 1981 (c. 61) is a British subject; or (c) a British protected person within the meaning given by section 50(1) of that Act.

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96 Fixed penalties for summary offences

Schedule 4 (which makes provision as respects fixed penalty notices for certain summary offences) has effect.

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97 Powers of entry and search

(1) A justice of the peace may grant a search warrant under this section if he is satisfied by information on oath that— (a) there is reasonable ground for suspecting that an offence under this Act, other than an offence under Part 4 or section 111, has been or is being committed; and (b) evidence of the commission of the offence is to be found on premises specified in the information, or in a vehicle, ship or aircraft so specified. (2) A search warrant under this section is a warrant empowering a constable or any person or persons authorised for the purpose by OFCOM or the Secretary of State— (a) to enter, at any time within the relevant period, the premises specified in the information or (as the case may be) the vehicle, ship or aircraft so specified and any premises on which it may be; (b) to search the premises, vehicle, ship or aircraft; (c) to examine and test any apparatus found there. (3) In subsection (2) “the relevant period” means the period beginning with the grant of the warrant and ending three months after the end of the day on which the warrant is granted . (4) In the application of subsection (3) to Scotland or Northern Ireland the reference to three months is to be read as a reference to one month. (5) Where a person authorised by OFCOM or the Secretary of State is empowered by a search warrant under this section to enter any premises, he is to be entitled to exercise that warrant alone or to exercise it accompanied by one or more constables. (6) A person authorised by OFCOM or the Secretary of State to exercise a power conferred by this section may if necessary use reasonable force in the exercise of the power. (7) Subsection (6) does not affect any power exercisable apart from that subsection by a person so authorised. (8) Where under this section a person has a right to examine and test apparatus on premises or in a ship, aircraft or vehicle, any person who— (a) is on the premises, or (b) is in charge of, or in or in attendance on, the ship, aircraft or vehicle, must give him whatever assistance he may reasonably require in the examination or testing of the apparatus. (9) In this section— (a) a reference to a justice of the peace is to be read, in Scotland, as a reference to a sheriff and, in Northern Ireland, as a reference to a lay magistrate; (b) a reference to information on oath is to be read, in Northern Ireland, as a reference to complaint on oath.

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98 Obstruction and failure to assist

(1) A person commits an offence if— (a) he intentionally obstructs a person in the exercise of the powers conferred on him under section 97; or (b) he fails or refuses, without reasonable excuse, to give to such a person any assistance which, under that section, he is under a duty to give to him. (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.

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99 Powers of seizure

(1) This section applies to— (a) an indictable offence under this Act, other than an offence under section 111; (b) an offence under section 35, other than one consisting in the installation or use of receiving apparatus; (c) an offence under section 36, other than one where the relevant contravention of section 8 would constitute an offence consisting in the use of receiving apparatus; (d) an offence under section 48; (e) an offence under section 66. (2) Where— (a) a search warrant is granted under section 97, and (b) the suspected offence (or any of the suspected offences) is an offence to which this section applies, the warrant may authorise a person authorised by OFCOM to exercise the power conferred by this subsection to seize and detain, for the purposes of any relevant proceedings, any apparatus or other thing found in the course of the search carried out in pursuance of the warrant that appears to him to be a relevant item. (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; or is evidence of the commission of such an offence; “relevant proceedings” means— proceedings for an offence to which this section applies; or proceedings for condemnation under Schedule 6.

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100 Obstruction

(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.

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101 Detention and disposal of property

(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.

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102 Section 101: conclusion of proceedings

(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.

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103 Forfeiture on conviction

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

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104 Forfeiture etc of restricted apparatus

(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.

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105 Offences relating to ships or aircraft

(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.

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106 Continuing offences

(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.

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107 Proceedings and enforcement

(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; (c) Part 5; (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 (c) section 136 of the Criminal Procedure (Scotland) Act 1995 (equivalent provision for Scotland). (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”.

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108 Civil proceedings

(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 ”.

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109 Fines in Scotland

(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; (c) section 98; (d) section 100; (e) paragraph 5 of Schedule 5.

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110 Criminal liability of company directors etc

(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.

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111 General restrictions

(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; (c) for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions; (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; (c) a Northern Ireland department; (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); (c) any other function specified for the purposes of this subsection in an order made by the Secretary of State. (6) The enactments and instruments referred to in subsections (3) and (5) are— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) the Trade Descriptions Act 1968 (c. 29); (c) the Fair Trading Act 1973 (c. 41); (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.

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112 Service of documents

(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 (c) by sending it by post to him at that address. (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 (c) an unincorporated body or association with offices outside the United Kingdom, 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.

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113 Documents in electronic form

(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 (c) the notification or other document must take such form as they may require. (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.

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114 Timing and location of things done electronically

(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.

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115 General interpretation

(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.

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116 “Wireless telegraphy”

(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.

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117 “Wireless telegraphy apparatus” and “wireless telegraphy station”

(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.

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118 Extent

(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), (c) section 12(4) of the Intelligence Services Act 1994 (c. 13), (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.

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119 Territorial application

(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.

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120 Territorial sea and other waters

(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.

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121 Orders and regulations made by Secretary of State

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) an order under section 111, (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.

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122 Orders and regulations made by OFCOM

(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 (c) consider any representations that are made to OFCOM, before the time specified in the notice. (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; (c) specify an address from which a copy of the proposed regulations or order may be obtained; and (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 (c) to make such incidental, supplemental, consequential and transitional provision as OFCOM think fit.

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123 Consequential amendments

Schedule 7 (consequential amendments) has effect.

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124 Transitional provisions, savings and transitory modifications

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

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125 Repeals and revocations

(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.

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126 Short title and commencement

(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.

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SCHEDULE 1 Procedure for wireless telegraphy licences

Section 10 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; (c) particulars of the terms, provisions and limitations to which a licence may be made subject. (3) The procedures must be— (a) open (except where sub-paragraph (4) applies); (b) objective; (c) transparent; (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. 6A. OFCOM may not revoke or vary a wireless telegraphy licence unless the proposed revocation or variation is objectively justifiable. 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 (c) the shorter period has been specified in the notification. (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.

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SCHEDULE 2 Procedure for grants of recognised spectrum access

Section 19 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; (c) the restrictions and conditions to which a grant may be made subject. 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 (c) the shorter period has been specified in the notification. (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 (c) for the purpose of securing compliance with an international obligation of the United Kingdom. (5) “Enactment” has the same meaning as in the Communications Act 2003 (c. 21).

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SCHEDULE 3 Suspension and revocation of authorities issued to wireless personnel

Section 52 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 (c) continue the suspension for such period as he thinks fit. (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.

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SCHEDULE 4 Fixed penalties

Section 96 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; (c) state the fixed penalty for that offence; (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 (c) that that notice was issued to the accused on a date specified in the certificate, 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 (c) in relation to Northern Ireland, the clerk of petty sessions.

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SCHEDULE 5 Forfeiture on conviction

Section 103 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; (c) any wireless telegraphy apparatus or other apparatus that was used in connection with the commission of the offence; (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; (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)).

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SCHEDULE 6 Seizure and forfeiture of restricted apparatus

Section 104 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.

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SCHEDULE 7 Consequential amendments

Section 123 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— Wireless Telegraphy Act 2006 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)”.

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