Office of Public Sector Information
Schedule 4 (which makes provision as respects fixed penalty notices for certain summary offences) has effect.
(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 of three months beginning with the day after the date of the warrant.
(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.
(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.
(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.
(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.
(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) If the property remains in the possession of OFCOM after the end of one year immediately following the end of the period of detention authorised by subsection (2), OFCOM may dispose of it in such manner as they think fit.
(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.
(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.
Schedule 5 (which makes provision in relation to forfeiture on conviction) has effect.
(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.
(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.
(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.
(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.
(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”.
(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”.
(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.
(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.
(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;
(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 Office of Fair Trading;
(e) the Competition Commission;
(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) the Wireless Telegraphy Act 1967 (c. 72);
(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 Control of Misleading Advertisements Regulations 1988 (S.I. 1988/915).
(7) Nothing in this section—
(a) limits the matters that may be published under section 15, 26 or 390 of the Communications Act 2003;
(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.
(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.
(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.
(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.
Wireless Telegraphy Act 2006