54 Regulations about use and sale etc of apparatus
(1) OFCOM may make regulations prescribing the requirements to be complied with in the case of apparatus specified in the regulations, if the apparatus is to be used.
(2) OFCOM may make regulations prescribing the requirements to be complied with in the case of apparatus specified in the regulations, if the apparatus is to be—
(a) sold otherwise than for export,
(b) offered or advertised for sale otherwise than for export, or
(c) let on hire, or offered or advertised for letting on hire,
by a person who manufactures, assembles or imports such apparatus in the course of business.
(3) The requirements prescribed under subsection (1) or (2) are to be such requirements as OFCOM think fit for the purpose of ensuring that the use of the apparatus does not cause undue interference with wireless telegraphy.
(4) In particular, the requirements may include—
(a) requirements as to the maximum intensity of electromagnetic energy of specified frequencies that may be radiated in any direction from the apparatus while it is being used;
(b) in the case of apparatus the power for which is supplied from electric lines, requirements as to the maximum electromagnetic energy of specified frequencies that may be injected into those lines by the apparatus.
(5) The apparatus which may be specified in the regulations under subsection (1) or (2) is apparatus which generates, or is designed to generate, or is liable to generate fortuitously, electromagnetic energy at frequencies not exceeding 3,000 gigahertz.
(6) In a case where apparatus does not comply with the requirements applicable to it under regulations made under subsection (1) or (2), a person does not act unlawfully only because—
(a) he uses the apparatus, or
(b) he sells it, or offers or advertises it for sale, or lets it on hire or offers or advertises it for letting on hire.
But the non-compliance is a ground for the giving of a notice under section 55 or 56.
(7) The approval of the Secretary of State is required for the making by OFCOM of regulations under this section.
(8) A statutory instrument containing regulations made by OFCOM under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) This section applies where, in the opinion of OFCOM—
(a) apparatus does not comply with the requirements applicable to it under regulations made under section 54(1); and
(b) the first or second condition is satisfied in relation to the apparatus.
(2) The first condition is that the use of the apparatus is likely to cause undue interference with wireless telegraphy used—
(a) for the purposes of a safety of life service; or
(b) for a purpose on which the safety of a person, or of a ship, aircraft or vehicle, may depend.
(3) The second condition is that—
(a) the use of the apparatus is likely to cause undue interference with wireless telegraphy other than wireless telegraphy falling within subsection (2);
(b) the use of the apparatus in fact has caused, or is causing, such interference; and
(c) the case is one where OFCOM consider that all reasonable steps to minimise interference have been taken in relation to the wireless telegraphy station or wireless telegraphy apparatus receiving the telegraphy interfered with.
(4) OFCOM may give a notice in writing to the person in possession of the apparatus—
(a) prohibiting the use of the apparatus after a date fixed by the notice, whether by the person to whom the notice is given or otherwise; or
(b) (if OFCOM think fit so to frame the notice) prohibiting the use of the apparatus after a date fixed by the notice except in such way, at such times and in such circumstances as the notice may specify.
(5) The date fixed by a notice under subsection (4) must be not less than 28 days from the date on which the notice is given.
(6) But if OFCOM are satisfied that the use of the apparatus in question is likely to cause such undue interference as is described in subsection (2), the date fixed by a notice under subsection (4) may be the date on which the notice is given.
(7) A notice under subsection (4) may be revoked or varied by a subsequent notice in writing from OFCOM given to the person who is then in possession of the apparatus.
(8) Where a notice under subsection (7) has the effect of imposing additional restrictions on the use of the apparatus, the provisions of this section about the coming into force of notices apply in relation to the notice as if it were a notice under subsection (4).
(1) This section applies where, in the opinion of OFCOM, apparatus does not comply with the requirements applicable to it under regulations made under section 54(2).
(2) OFCOM may give a notice in writing to the person who, in the course of business, has manufactured, assembled or imported the apparatus, prohibiting him from—
(a) selling the apparatus otherwise than for export;
(b) offering or advertising it for sale otherwise than for export; or
(c) letting it on hire, or offering or advertising it for letting on hire.
57 Appeal against notice under section 55 or 56 etc
(1) Where an appeal with respect to a notice under section 55 (or section 56) is pending—
(a) proceedings for an offence under section 58(1) (or section 58(4)) relating to that notice, whether instituted before or after the bringing of the appeal, are to be stayed until the appeal has been finally determined; and
(b) the proceedings are to be discharged if the notice is set aside in consequence of the appeal.
(2) But subsection (1) does not affect proceedings in which a person has been convicted at a time when there was no pending appeal.
(3) For the purposes of this section an appeal under section 192 of the Communications Act 2003 (c. 21) with respect to a notice under section 55 (or section 56) or a further appeal relating to the decision on such an appeal is pending unless—
(a) that appeal has been brought to a conclusion or withdrawn and there is no further appeal pending in relation to the decision on the appeal; or
(b) no further appeal against a decision made on the appeal or on any such further appeal may be brought without the permission of the court and—
(i) in a case where there is no fixed period within which that permission can be sought, that permission has been refused or has not been sought, or
(ii) in a case where there is a fixed period within which that permission can be sought, that permission has been refused or that period has expired without permission having been sought.
(4) No proceedings for an offence under section 58(1) (or section 58(4)) relating to a notice under section 55 (or section 56) may be commenced in Scotland—
(a) until the time during which an appeal against such a notice may be brought has expired; or
(b) where such an appeal has been brought, until that appeal has been determined.
(5) Proceedings in Scotland for such an offence must be commenced—
(a) where no appeal has been brought, within six months of the time referred to in subsection (4)(a); and
(b) where an appeal has been brought and determined, within six months of the date of that determination.
(1) A person commits an offence if—
(a) he uses apparatus, or causes or permits apparatus to be used, knowing that a notice under section 55 is in force with respect to it; and
(b) the use of the apparatus contravenes the notice.
(2) A person who commits an offence under subsection (1) is liable on summary conviction—
(a) if the offence is one that falls within subsection (6), to a fine not exceeding level 5 on the standard scale;
(b) otherwise, to a fine not exceeding level 3 on the standard scale.
(3) In the application of subsection (2) to Scotland or Northern Ireland, paragraph (a) has effect as if for the words “to a fine not exceeding level 5 on the standard scale” there were substituted “ to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both ”.
(4) A person commits an offence if he contravenes the provisions of a notice given to him under section 56 (unless the notice has previously been revoked by OFCOM).
(5) A person who commits an offence under subsection (4) is liable on summary conviction—
(a) if the offence is one that falls within subsection (6), to a fine not exceeding level 5 on the standard scale;
(b) otherwise, to a fine not exceeding level 3 on the standard scale.
(6) An offence falls within this subsection if it involves or consists in a contravention of a notice under section 55 or 56 in relation to apparatus the use of which is likely to cause undue interference with wireless telegraphy used—
(a) for the purpose of a safety of life service; or
(b) for a purpose on which the safety of a person, or of a ship, aircraft or vehicle, may depend.
(1) A justice of the peace may issue an authorisation under this section if he is satisfied, on an application supported by sworn evidence, that—
(a) there is reasonable ground for believing that there is to be found, on specified premises or in a specified ship, aircraft or vehicle, apparatus that does not comply with the requirements applicable to it under regulations made under section 54;
(b) it is necessary to enter those premises, or that ship, aircraft or vehicle, for the purpose of obtaining information that will enable OFCOM to decide whether or not to give a notice under section 55 or 56; and
(c) within the period of 14 days before the date of the application to the justice, access to the premises, ship, aircraft or vehicle for the purpose of obtaining such information—
(i) has been demanded by a person authorised for the purpose by OFCOM, who has produced sufficient documentary evidence of his identity and authority; but
(ii) has been refused.
(2) But the justice may not issue an authorisation unless the first or second condition is fulfilled as regards the application.
(3) The first condition is that it is shown to the justice that OFCOM are satisfied that there is reasonable ground for believing that the use of the apparatus in question is likely to cause undue interference with wireless telegraphy used—
(a) for the purposes of a safety of life service; or
(b) for a purpose on which the safety of a person, or of a ship, aircraft or vehicle, may depend.
(4) The second condition is that it is shown to the justice that—
(a) at least seven days before the demand was made, notice that access would be demanded was given to the occupier of the premises or (as the case may be) the person in possession or the person in charge of the ship, aircraft or vehicle;
(b) the demand for access was made at a reasonable hour; and
(c) it was unreasonably refused.
(5) An authorisation under this section is an authorisation empowering a person or persons authorised for the purpose by OFCOM, with or without constables—
(a) to enter the premises or (as the case may be) the ship, aircraft or vehicle and any premises on which it may be;
(b) to search the premises, ship, aircraft or vehicle with a view to discovering whether apparatus falling within subsection (1)(a) is there;
(c) if he or they find such apparatus there, to examine and test it with a view to obtaining the information mentioned in subsection (1)(b).
(6) An authorisation under this section must be in writing and signed by the justice.
(7) 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.
(8) Subsection (7) does not affect any power exercisable by the person apart from that subsection.
(9) 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.
(10) A reference in this section to a justice of the peace is to be read—
(a) in Scotland, as a reference to a sheriff;
(b) in Northern Ireland, as a reference to a lay magistrate.
(1) A person commits an offence if—
(a) he intentionally obstructs a person in the exercise of the powers conferred on him under section 59; 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.
(1) This section applies to wireless telegraphy apparatus and to apparatus designed or adapted for use in connection with wireless telegraphy apparatus.
(2) Where it appears to OFCOM to be expedient to do so for the purpose of preventing or reducing the risk of interference with wireless telegraphy, they may make an order (a “restriction order”) imposing restrictions in relation to apparatus to which this section applies of a class or description specified in the order.
(3) The restrictions may relate to the following actions—
(a) the manufacture of apparatus (whether or not for sale);
(b) selling apparatus or offering it for sale;
(c) letting apparatus on hire or offering to let it on hire;
(d) indicating (whether by displaying apparatus or by any form of advertisement) willingness to sell apparatus or to let it on hire;
(e) having custody or control of apparatus;
(f) the importation of apparatus.
(4) A restriction order must specify, in the case of apparatus of any class or description specified in the order, what actions are restricted by it.
(5) An action for the time being restricted by a restriction order is prohibited by this section unless—
(a) an authority given by OFCOM relates to it; and
(b) it complies with any terms and conditions that OFCOM attach to the authority.
(6) The approval of the Secretary of State is required for the making by OFCOM of an order under this section.
(7) A statutory instrument containing an order made by OFCOM under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) An authority given by OFCOM under section 62(5) in the case of apparatus of a class or description specified in a restriction order may be limited—
(a) to such of the actions restricted by the order as may be specified in the authority;
(b) to such subsidiary class or description of apparatus, falling within the class or description specified in the order, as may be specified in the authority.
(2) Terms or conditions attached by OFCOM to an authority under section 62(5) for the manufacture or importation of apparatus may relate to a period after, as well as to the time of, or a period before, the manufacture or importation.
(3) An authority under section 62(5) may be given, and terms or conditions may be attached to it—
(a) generally by means of a notice published in the London, Edinburgh and Belfast Gazettes; or
(b) by an instrument in writing issued to each person authorised to do, in relation to apparatus of a class or description to which a restriction order relates, any action for the time being restricted by the order.
(1) OFCOM may not—
(a) make a restriction order,
(b) give an authority under section 62(5), or
(c) attach a term or condition to such an authority,
unless they are satisfied that the order, authority, term or condition is compatible with the international obligations of the United Kingdom.
(2) Where—
(a) a statutory instrument containing a restriction order, or
(b) a notice or instrument in writing giving an authority under section 62(5), or attaching a term or condition to such an authority,
contains a statement that OFCOM are satisfied as mentioned in subsection (1), the statement is evidence of that fact (and, in Scotland, sufficient evidence of it).
65 Powers of Commissioners for Her Majesty's Revenue and Customs
(1) This section applies where the importation of apparatus of a particular class or description is for the time being restricted by a restriction order.
(2) An officer of Revenue and Customs may require a person with custody or control of apparatus of that class or description which is being or has been imported to provide proof that the importation of the apparatus is or was not unlawful by virtue of section 62.
(3) If the proof required under subsection (2) is not provided to the satisfaction of the Commissioners for Her Majesty's Revenue and Customs, the apparatus is to be treated, unless the contrary is proved, as being prohibited goods, within the meaning of the Customs and Excise Management Act 1979 (c. 2), and is liable to forfeiture under that Act.
(1) A person commits an offence if—
(a) he takes any action falling within section 62(3)(a) to (d) in relation to apparatus in contravention of section 62(5); or
(b) without reasonable excuse he has apparatus in his custody or control in contravention of section 62(5).
(2) A person commits an offence if he contravenes or fails to comply with any terms or conditions attached to an authority given by OFCOM under section 62(5) (whatever the action to which the authority relates).
(3) 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.
(4) This section does not affect any liability to a penalty that may have been incurred under the Customs and Excise Management Act 1979 (c. 2).
In sections 62 to 66—
“manufacture” includes construction by any method and the assembly of component parts;
“restriction order” has the meaning given by section 62.
(1) A person commits an offence if he uses apparatus for the purpose of interfering with wireless telegraphy.
(2) This section applies—
(a) whether or not the apparatus in question is wireless telegraphy apparatus;
(b) whether or not it is apparatus specified in regulations under section 54;
(c) whether or not a notice under section 55 or 56 has been given with respect to it, or, if given, has been varied or revoked.
(3) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(4) In the application of subsection (3) to Scotland or Northern Ireland the reference to 12 months is to be read as a reference to six months.
(1) This section applies where an instrument falling within subsection (2) contains provision framed by reference to relevant apparatus for the time being approved under this section for the purposes of that instrument.
(2) The instruments are—
(a) wireless telegraphy licences granted under section 8;
(b) regulations made under section 8(3);
(c) regulations made under section 54;
(d) restriction orders made under section 62;
(e) authorities given under section 62(5).
(3) The relevant authority may approve relevant apparatus for the purposes of such an instrument.
(4) The relevant authority may require a person applying for an approval under this section to comply with such requirements as the relevant authority may think appropriate; and those requirements may include a requirement to satisfy some other person with respect to a particular matter.
(5) An approval under this section may apply—
(a) to particular apparatus or to apparatus of a description specified in the approval;
(b) for the purposes of a particular instrument or for the purposes of instruments that are of a description specified in the approval.
(6) An approval under this section may specify conditions that must be complied with if the approval is to apply to apparatus specified in the approval (or to apparatus of a description so specified) for purposes specified in the approval.
(7) A condition so specified may impose on the person to whom the approval is given a requirement to satisfy a person from time to time with respect to a particular matter.
(8) The relevant authority may at any time vary or withdraw an approval given by the relevant authority under this section.
(1) A person appointed by the relevant authority may exercise a function conferred on the relevant authority by section 69 to such extent and subject to such conditions as may be specified in the appointment.
(2) The relevant authority may by order provide for the charging of fees in respect of the exercise of a function in pursuance of section 69 by or on behalf of the relevant authority.
(3) Section 128 of the Finance Act 1990 (c. 29) (power to provide for repayment of fees etc) applies in relation to the power under subsection (2) to make an order as it applies in relation to any power to make such an order conferred before that Act was passed.
(4) An appointment under subsection (1) may authorise the person appointed to retain any fees received by him in pursuance of an order under subsection (2).
(5) Nothing in subsection (2) precludes a person (not being the relevant authority or a person acting on behalf of the relevant authority) by whom a matter falls to be determined for the purposes of a requirement imposed in pursuance of section 69(4) or (7) from charging a fee in respect of the carrying out of a test or other assessment made by him.
(6) Any sums received by the Secretary of State under this section shall be paid into the Consolidated Fund.
(1) In sections 69 and 70 “the relevant authority” means (subject to subsection (2))—
(a) in such cases as may be specified in an order made by the Secretary of State, the Secretary of State; and
(b) in any other case, OFCOM.
(2) Where an application for the purposes of section 69 is made to the Secretary of State or OFCOM and it appears to the person to whom it is made that it should have been made to the other—
(a) that person is to refer the application to the other; and
(b) the application is to be proceeded with as if made to the person to whom it is referred.
(1) This section applies where it appears to OFCOM to be expedient that relevant apparatus of a particular description should be marked with or accompanied by particular information or instruction relating to—
(a) the apparatus; or
(b) its installation or use.
(2) OFCOM may by order—
(a) impose requirements for securing that relevant apparatus of that description is so marked or accompanied; and
(b) regulate or prohibit the supply of such relevant apparatus in cases where the requirements are not complied with.
(3) The requirements imposed by the order may extend to the form and manner in which the information or instruction is given.
(4) In the case of apparatus supplied in circumstances where the required information or instruction would not be conveyed until after delivery, an order under this section may require the whole or part of the information or instruction to be also displayed near the apparatus.
(5) The approval of the Secretary of State is required for the making by OFCOM of an order under this section.
(6) A statutory instrument containing an order made by OFCOM under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) This section applies where it appears to OFCOM to be expedient that a particular description of advertisements for relevant apparatus should contain or refer to particular information relating to—
(a) the apparatus; or
(b) its installation or use.
(2) OFCOM may by order impose requirements as to the inclusion in advertisements of that description of—
(a) that information; or
(b) an indication of the means by which that information may be obtained.
(3) An order under this section may specify the form and manner in which the information or indication required by the order is to be included in a particular description of advertisements.
(4) The approval of the Secretary of State is required for the making by OFCOM of an order under this section.
(5) A statutory instrument containing an order made by OFCOM under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) A person commits an offence if in the course of a trade or business he supplies, or offers to supply, apparatus in contravention of an order under section 72.
(2) A person is to be treated as offering to supply apparatus if—
(a) he exposes apparatus for supply, or
(b) he has apparatus in his possession for supply.
(3) A person who publishes an advertisement for apparatus to be supplied in the course of a trade or business commits an offence if the advertisement fails to comply with a requirement imposed by an order under section 73.
(4) A person who commits an offence under subsection (1) or (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5) Proceedings for an offence under this section may be commenced at any time within the period of 12 months beginning with the day after the commission of the offence.
(1) Where the commission by one person (“A”) of an offence under section 74(1) or (3) is due to the act or default of another (“B”), B also commits the offence; and B may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against A.
(2) In proceedings for an offence under section 74(1) or (3) it is a defence for the defendant to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
(3) A person may not rely on a defence under subsection (2) which involves an allegation that the commission of the offence was due to the act or default of another person unless—
(a) at least seven clear days before the hearing he has given to the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession; or
(b) the court grants him leave.
(4) In proceedings for an offence under section 74(3) it is a defence for the defendant to prove that—
(a) at the time of the alleged offence he was a person whose business it was to publish or arrange for the publication of advertisements;
(b) he received the advertisement for publication in the ordinary course of business; and
(c) he did not know and had no reason to suspect that publication of the advertisement would amount to an offence under that subsection.
In this Part—
“advertisement” includes a catalogue, a circular and a price list;
“relevant apparatus” means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus.
(1) It is unlawful—
(a) in the case of any ship or aircraft, to make a broadcast from it while it is in or over the United Kingdom or external waters; or
(b) in the case of a British-registered ship or British-registered aircraft, to make a broadcast from it while it is not in or over the United Kingdom or external waters.
(2) If a broadcast is made from a ship in contravention of subsection (1), an offence is committed by—
(a) the owner of the ship;
(b) the master of the ship; and
(c) a person who operates, or participates in the operation of, the apparatus by means of which the broadcast is made.
(3) If a broadcast is made from an aircraft in contravention of subsection (1), an offence is committed by—
(a) the operator of the aircraft;
(b) the commander of the aircraft; and
(c) a person who operates, or participates in the operation of, the apparatus by means of which the broadcast is made.
(4) A person commits an offence if he procures a broadcast to be made in contravention of subsection (1).
(5) In this section—
“master”, in relation to a ship, includes any other person (except a pilot) who has command or charge of the ship;
“operator”, in relation to an aircraft, means the person who at the relevant time has the management of the aircraft.
(1) This section applies to—
(a) tidal waters in the United Kingdom;
(b) external waters;
(c) waters in a designated area.
(2) It is unlawful to make a broadcast from—
(a) a structure, other than a ship, that is affixed to, or supported by, the bed of waters to which this section applies, or
(b) any other object in those waters.
(3) Subsection (2) does not apply by virtue of paragraph (b) to a broadcast made from a ship or aircraft.
(4) A person commits an offence if he operates, or participates in the operation of, apparatus by means of which a broadcast is made in contravention of subsection (2).
(5) A person commits an offence if he procures a broadcast to be made in contravention of subsection (2).
79 Broadcasting from prescribed areas of high seas
(1) It is unlawful—
(a) to make a broadcast that is capable of being received in the United Kingdom, or
(b) to make a broadcast that causes interference with any wireless telegraphy in the United Kingdom,
from a ship (other than a British-registered ship) while it is within a prescribed area of the high seas.
(2) If a broadcast is made in contravention of subsection (1), an offence is committed by—
(a) the owner of the ship from which the broadcast is made;
(b) the master of the ship; and
(c) a person who operates, or participates in the operation of, apparatus by means of which the broadcast is made.
(3) A person commits an offence if he procures a broadcast to be made in contravention of subsection (1).
(4) The making of a broadcast does not contravene subsection (1) if it is shown to have been authorised under the law of a country or territory outside the United Kingdom.
(5) “Prescribed” means prescribed for the purposes of this section by an order made by the Secretary of State.
(1) A British person commits an offence if he operates, or participates in the operation of, apparatus by means of which a broadcast is made—
(a) from a ship (other than a British-registered ship) while it is on the high seas;
(b) from an aircraft (other than a British-registered aircraft) while it is on or over the high seas;
(c) from a structure (other than a ship) that is affixed to, or supported by, the bed of the high seas; or
(d) from an object on the high seas (other than a structure falling within paragraph (c), a ship or an aircraft).
(2) Subsection (1) does not apply—
(a) by virtue of paragraph (a), to a broadcast made in contravention of section 79(1);
(b) by virtue of paragraph (c) or (d), to a broadcast made from a structure or other object in waters in a designated area.
(3) A person commits an offence if he procures a broadcast to be made as mentioned in subsection (1).
(1) A person commits an offence if, from anywhere in the United Kingdom or external waters, he participates in the management, financing, operation or day-to-day running of a broadcasting station by which broadcasts are made—
(a) in contravention of section 77(1), 78(2) or 79(1); or
(b) as mentioned in section 80(1)(a).
(2) In this section “broadcasting station” means a business or other operation (whether or not in the nature of a commercial venture) that is engaged in the making of broadcasts.
82 Facilitating broadcasting from ships or aircraft
(1) A person commits an offence if he provides a ship or aircraft to another, or agrees to do so, knowing, or having reasonable cause to believe, that broadcasts are to be made from it—
(a) in contravention of section 77(1); or
(b) while it is on or over the high seas.
(2) A person commits an offence if—
(a) he carries wireless telegraphy apparatus in a ship or aircraft, or agrees to do so, or
(b) he supplies wireless telegraphy apparatus to a ship or aircraft, or instals such apparatus in a ship or aircraft,
knowing, or having reasonable cause to believe, that by means of the apparatus broadcasts are to be made from the ship or aircraft as mentioned in subsection (1).
(3) A person commits an offence if—
(a) he supplies goods or materials—
(i) for the operation or maintenance of a ship or aircraft,
(ii) for the operation or maintenance of wireless telegraphy apparatus installed in a ship or aircraft, or
(iii) for the sustenance or comfort of the persons on board a ship or aircraft,
(b) he carries by water or air goods or persons to or from a ship or aircraft, or
(c) he engages a person as an officer or one of the crew of a ship or aircraft,
knowing, or having reasonable cause to believe, that broadcasts are made, or are to be made, from the ship or aircraft as mentioned in subsection (1).
(4) In proceedings for an offence under this section consisting in carrying goods or persons to or from a ship or aircraft, it is a defence for the defendant to prove—
(a) that the ship or aircraft was, or was believed to be, wrecked, stranded or in distress, and that the goods or persons were carried for the purpose of—
(i) preserving the ship or aircraft, or its cargo or equipment, or
(ii) saving the lives of persons on board the ship or aircraft; or
(b) that a person on board the ship or aircraft was, or was believed to be, hurt, injured or ill, and that the goods or persons were carried for the purpose of securing that he received the necessary surgical or medical advice and attendance.
(5) The reference in subsection (4)(a) to persons carried for the purpose of saving lives is not to be read as excluding the persons whose lives were to be saved.
(6) The reference in subsection (4)(b) to persons carried for the purpose of securing that advice and attendance were received is not to be read as excluding the person who was (or was believed to be) hurt, injured or ill.
(7) In proceedings for an offence under this section consisting in carrying a person (“A”) to or from a ship or aircraft, it is a defence for the defendant to prove that A was visiting the ship or aircraft for the purpose of exercising or performing a power or duty conferred or imposed on A by law.
(8) This section is subject to section 86.
(1) A person commits an offence if he instals wireless telegraphy apparatus on or in a structure or other object, or supplies such apparatus for installation on or in a structure or other object, knowing, or having reasonable cause to believe, that by means of the apparatus broadcasts are to be made from it—
(a) in contravention of section 78(2); or
(b) while it is on the high seas.
(2) A person commits an offence if, in the case of a structure or other object—
(a) he supplies goods or materials—
(i) for its maintenance,
(ii) for the operation or maintenance of wireless telegraphy apparatus installed in or on it, or
(iii) for the sustenance or comfort of the persons in or on it,
(b) he carries goods or persons to or from it by water or air, or
(c) he engages a person to render services in or on it,
knowing, or having reasonable cause to believe, that broadcasts are made, or are to be made, from the structure or other object as mentioned in subsection (1).
(3) In proceedings for an offence under this section consisting in carrying goods or persons to or from a structure or other object, it is a defence for the defendant to prove—
(a) that it was, or was believed to be, unsafe, and that the goods or persons were carried for the purpose of saving the lives of persons in or on it; or
(b) that a person in or on it was, or was believed to be, hurt, injured or ill, and that the goods or persons were carried for the purpose of securing that he received the necessary surgical or medical advice and attendance.
(4) The reference in subsection (3)(a) to persons carried for the purpose of saving lives is not to be read as excluding the persons whose lives were to be saved.
(5) The reference in subsection (3)(b) to persons carried for the purpose of securing that advice and attendance were received is not to be read as excluding the person who was (or was believed to be) hurt, injured or ill.
(6) In proceedings for an offence under this section consisting in carrying a person (“A”) to or from a structure or other object, it is a defence for the defendant to prove that A was visiting it for the purpose of exercising or performing a power or duty conferred or imposed on A by law.
(7) In this section references to a structure or other object do not include references to a ship or aircraft.
(8) This section is subject to section 86.
(1) A person commits an offence if he repairs or maintains wireless telegraphy apparatus knowing, or having reasonable cause to believe, that by means of it broadcasts are made, or are to be made—
(a) in contravention of section 77(1), 78(2) or 79(1); or
(b) as mentioned in section 80(1).
(2) This section is subject to section 86.
(1) A person commits an offence if—
(a) he supplies a film or sound recording knowing, or having reasonable cause to believe, that an unlawful broadcast is to be made of it;
(b) he makes a literary, dramatic or musical work knowing, or having reasonable cause to believe, that an unlawful broadcast is to be made of it;
(c) he makes an artistic work knowing, or having reasonable cause to believe, that it is to be included in an unlawful television broadcast;
(d) he participates in an unlawful broadcast;
(e) he advertises by means of an unlawful broadcast or invites another to advertise by means of an unlawful broadcast that is to be made;
(f) he publishes the times or other details of unlawful broadcasts that are to be made, or (otherwise than by publishing such details) publishes an advertisement of matter calculated to promote (whether directly or indirectly) the interests of a business whose activities consist in or include the operation of a station from which unlawful broadcasts are or are to be made.
(2) An unlawful broadcast is a broadcast made—
(a) in contravention of section 77(1), 78(2) or 79(1); or
(b) as mentioned in section 80(1).
(3) A person participates in a broadcast only if he is actually present—
(a) as an announcer;
(b) as a performer or one of the performers concerned in an entertainment given; or
(c) as the deliverer of a speech.
(4) The cases in which a person is to be taken for the purposes of this section as advertising by means of a broadcast include any case in which he causes or allows it to be stated, suggested or implied that entertainment included in the broadcast—
(a) has been supplied by him; or
(b) is provided wholly or partly at his expense.
(5) For the purposes of this section advertising by means of a broadcast takes place not only where the broadcast is made but also wherever it is received.
(6) This section is subject to section 86.
(1) A person who does an act mentioned in section 82, 83, 84 or 85 does not commit an offence under that section unless condition A, B, C, D or E is satisfied.
(2) Condition A is satisfied if he does the act in the United Kingdom or external waters.
(3) Condition B is satisfied if he does the act in a British-registered ship or British-registered aircraft while it is not in or over the United Kingdom or external waters.
(4) Condition C is satisfied if, in a case where—
(a) neither condition A nor condition B is satisfied, but
(b) the broadcasts in question are made, or are to be made, from a structure or other object (which is not a ship or aircraft) in waters in a designated area,
he does the act on that structure or other object within those waters.
(5) Condition D is satisfied if, in a case where—
(a) neither condition A nor condition B is satisfied, but
(b) the broadcasts in question are made, or are to be made, from a ship in contravention of section 79(1),
he does the act in that ship within an area of the high seas that is prescribed for the purposes of section 79.
(6) Condition E is satisfied if—
(a) he is a British person; and
(b) he does the act on or over the high seas.
A person commits an offence if he procures, in the United Kingdom, another person to do, outside the United Kingdom, anything that would have constituted an offence under sections 82 to 85 had the other person done it in the United Kingdom.
(1) For the purposes of sections 89 to 92 enforcement officers are—
(a) persons authorised by the Secretary of State or OFCOM to exercise the powers conferred by sections 89 and 90;
(b) police officers;
(c) commissioned officers of Her Majesty's armed forces;
(d) officers of Revenue and Customs; and
(e) other persons who are British sea-fishery officers by virtue of section 7(1) of the Sea Fisheries Act 1968 (c. 77).
(2) A reference in sections 89 to 92, in relation to an enforcement officer, to an assistant is a reference to a person assigned to assist the enforcement officer in his duties.
(3) In this section “armed forces” means the Royal Navy, the Royal Marines, the regular army and the regular air force, and a reserve or auxiliary force of any of those services that has been called out on permanent service or embodied.
(1) If conditions A and B are satisfied in the case of a ship, structure or other object, an enforcement officer may, with or without assistants, exercise the powers mentioned in subsection (4) in relation to it.
(2) Condition A is satisfied if the enforcement officer has reasonable grounds for suspecting that—
(a) an offence under this Part has been or is being committed by the making of a broadcast—
(i) from a ship, structure or other object in external waters or in tidal waters in the United Kingdom, or
(ii) from a British-registered ship while it is on the high seas;
(b) an offence under section 78 has been or is being committed by the making of a broadcast from a structure or other object in waters in a designated area; or
(c) an offence under section 79 has been or is being committed by the making of a broadcast from a ship.
(3) Condition B is satisfied if a written authorisation has been issued by the Secretary of State or OFCOM for the exercise of the powers mentioned in subsection (4) in relation to that ship, structure or other object.
(4) The powers are—
(a) to board and search the ship, structure or other object;
(b) to seize and detain it, and any apparatus or other thing found in the course of the search that appears to him—
(i) to have been used, or to have been intended to be used, in connection with the commission of the suspected offence, or
(ii) to be evidence of the commission of the suspected offence;
(c) to arrest and search any person who he has reasonable grounds to suspect has committed or is committing an offence under this Part if—
(i) the person is on board the ship, structure or other object, or
(ii) the officer has reasonable grounds for suspecting that the person was on board at, or shortly before, the time when the officer boarded the object;
(d) to arrest any person—
(i) who assaults him, or an assistant of his, while exercising any of the powers mentioned in this subsection, or
(ii) who intentionally obstructs him, or an assistant of his, in the exercise of any of those powers;
(e) to require any person on board the ship, structure or other object to produce any documents or other items that are in his custody or possession and are or may be evidence of the commission of an offence under this Part;
(f) to require any such person to do anything for the purpose of—
(i) enabling any apparatus or other thing to be rendered safe and, in the case of a ship, enabling the ship to be taken to a port, or
(ii) facilitating in any other way the exercise of any of the powers mentioned in this subsection;
(g) to use reasonable force, if necessary, in exercising any of those powers.
(5) In subsection (4)(a) to (c) and (e) a reference to the ship, structure or other object includes a reference to a ship's boat, or other vessel, used from it.
(1) Subsection (2) applies if—
(a) a written authorisation has been issued by the Secretary of State or OFCOM under section 89(3) for the exercise of the powers mentioned in section 89(4) in relation to a ship, structure or other object, and
(b) an enforcement officer has reasonable grounds for suspecting that an offence under section 82, 83, 84 or 85 has been or is being committed in connection with the making of a broadcast from that ship, structure or other object.
(2) The enforcement officer may, with or without assistants, exercise the powers mentioned in section 89(4) in relation to any ship, structure or other object which he has reasonable grounds to suspect has been or is being used in connection with the commission of the offence referred to in subsection (1)(b).
(3) Subsection (4) applies if—
(a) an enforcement officer has reasonable grounds for suspecting that an offence under section 82, 83, 84 or 85 has been or is being committed in connection with the making of a broadcast from a ship, structure or other object, but
(b) no written authorisation has been issued under section 89(3) for the exercise of the powers mentioned in section 89(4) in relation to that ship, structure or other object.
(4) The enforcement officer may, with or without assistants, exercise the powers mentioned in section 89(4) in relation to any ship, structure or other object which he has reasonable grounds to suspect has been or is being used in connection with the commission of the offence referred to in subsection (3)(a).
(5) Subsection (4) only applies if a written authorisation under this subsection has been issued by the Secretary of State or OFCOM for the exercise of those powers in relation to that ship, structure or other object.
(1) Except as provided in subsections (2) and (3), the powers mentioned in section 89(4) may be exercised only in tidal waters in the United Kingdom or in external waters.
(2) The powers may in addition—
(a) in the case of a suspected offence under this Part committed in a British-registered ship while it is on the high seas, be exercised in relation to the ship on the high seas;
(b) in the case of a suspected offence under section 78 committed on a structure or other object within waters in a designated area, be exercised in relation to the structure or other object within those waters;
(c) in the case of a suspected offence under section 79 committed in a ship within an area of the high seas prescribed for the purposes of that section, be exercised in relation to the ship within that area of the high seas.
(3) Subsection (2) does not apply so far as the powers are exercisable by virtue of a written authorisation issued by OFCOM.
(1) A person commits an offence if—
(a) he assaults an enforcement officer, or an assistant of his, while he is exercising any of the powers conferred by section 89 or 90;
(b) he intentionally obstructs an enforcement officer, or an assistant of his, in the exercise of any of those powers; or
(c) he fails or refuses, without reasonable excuse, to comply with such a requirement as is mentioned in section 89(4)(e) or (f).
(2) Neither an enforcement officer nor an assistant of his is liable in civil or criminal proceedings for anything done in purported exercise of any of the powers conferred by section 89 or 90 if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.
(3) Nothing in sections 89 to 91 or this section affects the exercise of any powers exercisable apart from those sections.
(4) A reference in sections 89 to 91 or this section, in relation to an enforcement officer's assistant, to the exercise of any of the powers mentioned in section 89(4) is a reference to the exercise by the assistant of any of those powers on behalf of the officer.
(1) A person who commits an offence under this Part is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(2) In the application of subsection (1) to Scotland or Northern Ireland the reference to 12 months is to be read as a reference to six months.
(3) Proceedings in England and Wales for an offence under this Part may be brought only—
(a) by OFCOM; or
(b) by or with the consent of the Secretary of State or the Director of Public Prosecutions.
(4) Proceedings in Northern Ireland for an offence under this Part may be brought only—
(a) by OFCOM; or
(b) by or with the consent of the Secretary of State or the Advocate General for Northern Ireland.
(5) Summary proceedings in Scotland for an offence under this Part may be commenced at any time within the period of two years beginning with the day after the commission of the offence.