SCHEDULE 1
(Article 2)
modifications with which provisions of
the wireless telegraphy act 2006 extend to jersey
1
In section 1 (general functions) –
(a) in
subsection (2), after “United Kingdom” insert “on behalf
of Jersey”;
(b) after
subsection (2), insert –
“(2A) Before requiring OFCOM to do or undertake
anything under subsection (2) in respect of Jersey, the Secretary of State
shall consult with the Minister.”; and
(c) in subsections (3) to
(5), after “United Kingdom”, wherever these words occur, insert
“and Jersey”.
2
In section 5 (directions of the Secretary of State), after
subsection (5) insert –
“(6) Before making an order under
this section which relates to the management of the radio spectrum in respect
of Jersey, the Secretary of State shall consult the Minister.”.
3
In section 6 (procedure for directions), omit subsections (4)
to (7).
4
In section 8 (licences and exemptions) –
(a) in subsection
(2) –
(i) in
paragraph (b), for “purpose.”, substitute “purpose;
or”; and
(ii) after
paragraph (b) insert –
“(c) the installation or use of
any television receiver by a person who is a dealer in such receivers where the
installation or use is solely for the purpose of doing any one or more of the
following in the course of his business as such a dealer, namely, demonstrating,
testing or repairing such receivers;” and
(b) after
subsection (5) insert the following –
“(6) The functions of OFCOM under
this section, insofar as they relate to programme making, as defined in the Contracting Out (Functions Relating to
Wireless Telegraphy) Order 1996, may be exercised by, or by employees
of, such person (if any) as may be authorised in that behalf in the United
Kingdom by OFCOM under that Order.”.
5
In section 9 (terms, provisions and limitations), omit
subsection (6).
6
In section 11 (surrender of licence) in
subsection (4) –
(a) omit “on summary
conviction”; and
(b) for
“level 3” substitute “level 2”.
7
In section 18 (grant of recognised spectrum
access) –
(a) in
subsection (1)(c), for “at places in the United Kingdom or in the UK
territorial sea” substitute “at places in Jersey or in
Jersey’s territorial sea”;
(b) in subsection (2),
for “the United Kingdom” in each place where these words occur
substitute “Jersey”; and
(c) omit subsection (7).
8
In section 33 (failure to provide information
etc.) –
(a) in
subsection (3), for “level 3”substitute
“level 2”; and
(b) in
subsection (5), for “level 5”substitute
“level 4”.
9
In section 35 (unauthorised
use of wireless telegraphy station) –
(a) in
subsection (2), for the words from “liable” to the end
substitute “liable to imprisonment for a term not exceeding two years or
to a fine or to both.”;
(b) omit
subsection (3);
(c) in
subsection (4), for the words from “on summary conviction” to
the end substitute “to a fine not exceeding level 2 on the standard
scale.”;
(d) in
subsection (5), for the words “on summary conviction” to the
end substitute “to imprisonment for a term not exceeding one year or to a
fine not exceeding level 3 on the standard scale, or to both.”; and
(e) omit
subsection (6).
10
In section
36 (keeping available for unauthorised
use) –
(a) in subsection (2),
for the words from “liable” to the end substitute “liable to
imprisonment for a term not exceeding two years or to a fine, or to both.”;
(b) omit subsection (3);
(c) in subsection (4),
for the words from “on summary conviction” to the end substitute
“to a fine not exceeding level 2 on the standard scale.”;
(d) in subsection (5),
for the words from “on summary conviction” to the end substitute
“to imprisonment for a term not exceeding one year or to a fine not
exceeding level 4 on the standard scale, or to both.”; and
(e) omit subsection (6).
11
In section
37 (allowing premises to be used for unlawful broadcasting) –
(a) in
subsection (2), for the words from “liable” to the end
substitute “liable to imprisonment for a term not exceeding two years or
to a fine, or to both.”; and
(b) omit subsection (3).
12
In section 38 (facilitating unauthorised
broadcasting) –
(a) in subsection (6),
for the words from “liable”to the end
substitute “liable to imprisonment for a term not exceeding two years or
to a fine, or to both.”;
(b) omit
subsection (7).
13
In section 41 (procedure for prosecutions), omit subsections (7) and
(8).
14
In section 43 (amount of penalty under section 42), omit subsections
(4) and (5).
15
In section 44 (relevant amount of gross revenue), for subsection
(9)(b) substitute the following –
“(b) send
a copy of the statement and every such revision to the Treasurer of the States
of Jersey.”.
16
In section 46 (offences) –
(a) in subsection (2)
for the words from “liable” to the end, substitute “liable to
a fine not exceeding level 2 on the standard scale.”; and
(b) in subsection (3),
for the words from “liable” to the end substitute “liable to
a fine not exceeding level 4 on the standard scale”.
17
In section 47 (misleading messages) –
(a) in subsection (4),
for the words from “liable” to the end, substitute “liable to
imprisonment for a term not exceeding two years or to a fine, or to
both.”; and
(b) omit subsection (5).
18
In section 48 (interception and disclosure of messages) –
(a) in subsection (4),
for the words from “liable” to the end substitute “liable to
a fine not exceeding level 4 on the standard scale.”; and
(b) for subsection (5)
substitute –
“(5) “Designated
person” means –
(a) the Attorney General of Jersey;
(b) any person designated for the purposes of
this section and section 49 by the Attorney General of Jersey.”.
19
In section 49 (interception authorities) –
(a) for subsection (2) substitute
the following –
“(2) Conduct falls within this
subsection if it is –
(a) conduct that, if engaged in without lawful
authority, constitutes an offence under Article 5(1) or (2) of the Regulation of Investigatory Powers (Jersey) Law 2005;
(b) conduct that, if engaged in without lawful
authority, is actionable under Article 6 of that Law;
(c) conduct that is capable of being authorised
by an authorisation or notice granted under Chapter 2 of Part 2 of that
Law (Communications data); or
(d) conduct that is capable of being authorised
by an authorisation granted under Part 3 of that Law (surveillance etc.).”;
(b) in subsection (4), for
“the United Kingdom” substitute “Jersey”;
(c) for subsection (7)
substitute the following –
“(7) An interception authority
must be in writing under the hand of the Attorney General of Jersey.”;
(d) omit subsection (9);
(e) in subsection
(10) –
(i) for
“Part 1”substitute “Part 2”;
(ii) for
“Act 2000 (c.23)”substitute
“(Jersey) Law 2005”;
(iii) for
“Part 2”substitute “Part 3”;
and
(iv) for
“Act” substitute “Law”.
(f) in
subsection (11), for “Part 1 or 2” substitute “Part 2
or 3”and for “Act 2000” substitute “(Jersey) Law
2005”; and
(g) for subsection (12)
substitute the following –
“(12) In this section “crime” has
the meaning given by Article 1(1) of the Regulation of Investigatory Powers
(Jersey) Law 2005.”.
20
In section 50 (apparatus on foreign registered ships) –
(a) in subsection (1),
for “the United Kingdom and UK territorial sea” substitute
“Jersey and Jersey’s territorial sea”;
(b) for subsection (3),
substitute the following –
“(3) Any Regulations made under
subsection (2) above, which specify a penalty for an offence against those
Regulations by reference to a level on the standard scale, shall have effect in
relation to Jersey as if for each such reference there were substituted a
reference to the next lower level in the standard scale as defined in section
115.”;
(c) in subsection
(6) –
(i) in
paragraph (a), for “the United Kingdom” substitute
“Jersey”; and
(ii) in
paragraph (b), for “any of the Channel Islands” substitute
“the Bailiwick of Guernsey”.
21
In section 53 (surrender of authority) in subsection
(3) –
(a) omit “on summary
conviction”; and
(b) for “level 3”substitute “level 2”.
22
In section 54 (regulations about use and sale of apparatus) omit
subsection (8).
23
In section 57 (appeal against notice under section 55 or 56
etc.) omit subsections (4) and (5).
24
In section 58 (contravening notice under section 55 or
56) –
(a) in subsection
(2) –
(i) omit
“on summary conviction”;
(ii) in
paragraph (a), for “level 5”substitute
“level 4”; and
(iii) in
paragraph (b), for “level 3”substitute
“level 2”;
(b) omit subsection (3);
and
(c) in subsection
(5) –
(i) omit
“on summary conviction”;
(ii) in
paragraph (a), for “level 5”substitute
“level 4”; and
(iii) in
paragraph (b), for “level 3”substitute
“level 2”.
25
In section 59 (entry and search of premises etc.) –
(a) in subsection (1), for
“A justice of the peace” substitute “The Bailiff”;
(b) in subsections (1)(c),
(2), (3), (4) and (6), for the word “justice” in each place where
it occurs substitute “Bailiff”;
(c) in subsection (5),
for “with or without constables” substitute “accompanied by a
police officer”;
(d) in subsection (7),
after “A” insert “police officer accompanying a”;
(e) in subsection (8) omit
“by the person”; and
(f) omit subsection
(10).
26
In section 60 (obstruction and failure to assist) in subsection
(2) –
(a) omit “on summary
conviction”; and
(b) for “level
5” substitute “level 4”.
27
In section 68 (deliberate interference) –
(a) in subsection (3),
for all the words from “liable” to the end substitute “liable
to imprisonment for a term not exceeding two years or to a fine, or to
both”; and
(b) omit subsection (4).
28
In section 77 (broadcasting from ships and aircraft) in
subsection (1), for “the United Kingdom” substitute
“Jersey”.
29
In section 78 (broadcasting from marine structures) in
subsection (1), for “the United Kingdom” substitute
“Jersey”.
30
In section 79 (broadcasting from prescribed areas of high
seas), for “the United Kingdom” in each place where it occurs
substitute “Jersey”.
31
In section 80 (acts connected with broadcasting) in
subsection (1), for “British person” substitute “Island
person”.
32
In section 81 (management of station) in subsection (1),
for the “United Kingdom” substitute “Jersey”.
33
In section 86 (facilitation offences: territorial
scope) –
(a) in subsections (2) and
(3), for “the United Kingdom” in each place where it occurs substitute
“Jersey”; and
(b) in subsection (6), for
“a British person” substitute “an Island person”.
34
In section 87 (procuring person to commit offence abroad), for
“the United Kingdom” in each place where it occurs
, substitute “Jersey”.
35
In section 88 (enforcement officers), for paragraphs (d)
and (e) in subsection (1) substitute the following –
“(d) customs officers; and
(e) fisheries officers.”.
36
In section 89 (enforcement powers) in subsection (2)(a)(i), for “United Kingdom” substitute
“Jersey”.
37
In section 91 (exercise of powers) in subsection (1), for
“the United Kingdom” substitute “Jersey”.
38
For section 93 (penalties and proceedings) substitute the
following –
“Penalties and
Proceedings
93.-(1)A person who commits an offence under this Part is liable to
imprisonment for a term not exceeding two years or to a fine, or to both.
(2) Proceedings for an offence under this Part
may only be instituted by or with the consent of the Attorney General of
Jersey.”.
39
In section 95 (Part 5: interpretation) –
(a) in subsection
(1) –
(i) in
the definition of “external waters” for “the United
Kingdom” substitute “Jersey” and for “UK”
substitute “Jersey’s”;
(ii) in
the definition of “high seas” for “UK” substitute
“Jersey’s” and for “the United Kingdom”
substitute “Jersey”; and
(b) for subsection (2)
substitute the following –
“(2) For the purposes of this Part
references to an “Island 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,
who is ordinarily resident in
Jersey.”.
40
In section 97 (powers of entry and search) –
(a) in subsection (1),
for “A justice of the peace” substitute “The Bailiff”;
(b) in subsection (2),
for “constable or” substitute “police officer, who may be
accompanied by”;
(c) omit subsections (4)
and (5);
(d) in subsection (6),
for “A person authorised by OFCOM or the Secretary of State to exercise a
power conferred by this section” substitute “A police
officer”; and
(e) omit subsection (9).
41
In section 98 (obstruction and failure to assist) in subsection
(2) –
(a) omit the words
“on summary conviction”; and
(b) for the words
“level 5”substitute “level 4”.
42
In section 99 (powers of seizure) –
(a) for subsection (1)(a)
substitute the following –
“(a) any offence under this Act
punishable by imprisonment, other than an offence under section 111;”;
(b) in subsection (2),
for “person authorised by OFCOM to exercise the powers conferred by this
subsection” substitute “police officer”;
(c) in subsection (3), for
“constable” substitute “police officer”;
(d) in subsection (4),
for “person authorised by OFCOM to exercise a power conferred by this
section” substitute “police officer”; and
(e) in subsection (6),
for “constable” substitute “police officer”.
43
In section 100 (obstruction) in subsection (2) –
(a) omit “on summary
conviction”; and
(b) for “level 5”substitute “level 4”.
44
In section 101 (detention and disposal of property) in
subsection (1) omit “by a person authorised by OFCOM”.
45
In section 107 (proceedings and enforcement) –
(a) in subsection (1) –
(i) for
“UK” substitute “Jersey’s”; and
(ii) for
“the United Kingdom” substitute “Jersey”.
(b) for subsection (2)
substitute the following –
“(2) For the purposes of
enforcement of any provision falling within subsection (3), a member of
the Honorary Police of a parish has in any area of the sea within the seaward
limits of Jersey’s territorial sea all the powers protections and
privileges which he has in that parish.”; and
(c) omit subsection (4).
46
In section 108 (civil proceedings) –
(a) in subsection (2),
for “the Crown” substitute “the Attorney General of
Jersey”; and
(b) omit subsection (3).
47
In section 110 (criminal liability of company directors,
etc.) –
(a) omit subsection (2);
(b) after subsection (3)
insert the following –
“(4) A person who aids, abets,
counsels or procures the commission of an offence under this Act shall also be
guilty of an offence and liable in the same manner as a principal offender to
the penalty provided for that offence.”.
48
In section 111 (general restrictions) –
(a) in subsection
(3) –
(i) in
paragraph (b), for “any relevant person” substitute “the
Secretary of State”;
(ii) omit
paragraphs (c) and (d); and
(iii) in
paragraph (f), after “United Kingdom” insert “on behalf
of Jersey”;
(b) omit subsection (4);
(c) in subsection (6) omit
paragraphs (b) to (e), (g), (j), (k), (m) and (n);
(d) omit subsection (8);
(e) in
subsection (10), for all the words from “is liable” to the end
substitute “is liable to imprisonment for a term not exceeding two years
or to a fine, or to both.”;
(f) omit subsection
(11); and
(g) in subsection (12)
omit the definitions of “the Consumer Panel” and “the Welsh
Authority”.
49
In section 112 (service of documents) –
(a) in subsection (6),
for “section 7 of the Interpretation
Act 1978 (c.30) (service of documents by post)” substitute
“Article 7 of the Interpretation
(Jersey) Law 1954”;
(b) in subsection (7),
for “the United Kingdom” in each place where it occurs substitute
“Jersey”.
50
In section 115 (general interpretation) –
(a) in subsection
(1) –
(i) the
following definitions shall be inserted in the appropriate alphabetical
order –
“ “customs officer” means the Agent of the Impôts
and a person appointed as a customs officer under Article 14 of the Customs and Excise (Jersey) Law 1999;
“fisheries
officer” means a person appointed as a fisheries officer under Article 15
of the Sea Fisheries (Jersey) Law
1994 or deemed under that Article to be a fisheries officer;
“Island person”
has the meaning given by section 95(2);
“Jersey” means
the Bailiwick of Jersey and the territorial sea adjacent thereto;
“Jersey’s
territorial sea” means the territorial sea adjacent to Jersey;
“the
Minister” means the Minister for Economic Development;
“Police officer”
means a member of the Honorary Police or a member of the States of Jersey
Police Force;
“Standard scale”
means the standard scale of fines for the time being in the Schedule to the Criminal Justice (Standard Scale of Fines)
(Jersey) Law 1993;”;
(ii) omit
the definition of “UK territorial sea”;
(iii) for
the definition of “electric line” substitute –
“ “electric line” means any line which is used for carrying
electricity for any purpose and includes, unless the context otherwise
requires –
(a) any support for such line, that is to say
any structure, pole or other thing in, on, by or from which any such line is or
may be supported, carried or suspended;
(b) any apparatus connected to any such line for
the purpose of carrying electricity; and
(c) any wire, cable, tube, pipe or other similar
thing (including its case or coating) which surrounds or supports or is
supported, carried or suspended in association with, any such line;”;
(iv) for the
definition of “film” substitute –
“ “film” means a sound recording on any medium from which a
moving image may by any means be produced.”;
(v) in
the definition of “international obligation of the United Kingdom”
after “United Kingdom” insert “on behalf of Jersey” and
omit “any Community obligation and”; and
(b) omit subsection (6).
51
In section 116 (“wireless telegraphy”) omit subsection
(4).
52
In section 118 (extent) omit subsections (1), (3) and (4).
53
In section 119 (territorial application) –
(a) in
subsection (1)(a), for “the United Kingdom or UK territorial
sea” substitute “Jersey or Jersey’s territorial sea.”;
(b) in subsection
(1)(b) –
(i) for
“the United Kingdom” where it first occurs substitute
“Jersey”; and
(ii) for
“United Kingdom or UK territorial sea” substitute “Jersey or
Jersey’s territorial sea”;
(c) in subsection
(1)(c) –
(i) for
“the United Kingdom or UK territorial sea” in each place where it
occurs substitute “Jersey or Jersey’s territorial sea”; and
(ii) for
paragraph (ii) substitute –
“(ii) for a ship that is a British ship or an aircraft registered in the United Kingdom”;
and
(d) omit subsections (3)
and (4).
54
In section 121 (orders and regulations made by the Secretary of
State) –
(a) omit subsections (1)
and (2); and
(b) after subsection (3)
insert –
“(4) Any statutory instrument made
by the Secretary of State pursuant to this Act shall not have effect in Jersey
until it is registered in the Royal Court of Jersey and where any such
statutory instrument is so registered, it shall have effect on the day following
the day of such registration or on the day specified in the instrument for its
coming into force, whichever is the later.”.
55
In section 122 (orders and regulations made by OFCOM) –
(a) omit subsections (2)
and (3);
(b) after subsection (7)
insert the following –
“(8) Any statutory instrument made
by OFCOM pursuant to this Act shall not have effect in Jersey until it is
registered in the Royal Court of Jersey and where any such statutory instrument
is so registered, it shall have effect on the day following the day of such
registration or on the day specified in the instrument for its coming into
force, whichever is the later.”.
56
In section 126 (short title and commencement) omit subsection (2).
57
In Schedule 2 (procedure for grants of recognised spectrum
access) –
(a) in
paragraph 6(12)(b), after “United Kingdom” insert “on
behalf of Jersey”; and
(b) in
paragraph 7(4)(c), after “United Kingdom” insert “on
behalf of Jersey”.
58
In Schedule 5 (forfeiture on conviction) –
(a) in paragraph 1(1),
for “OFCOM” substitute “the Treasurer of the States of Jersey”;
(b) in paragraph 1(4) omit
clause (b);
(c) in paragraph 1(5) omit
clause (c);
(d) for paragraph 4
substitute –
“4. Apparatus ordered to be
forfeited under paragraph 1 or 2 may be retained, disposed or dealt with by the
Treasurer of the States of Jersey in such manner as he may think fit.”.
(e) in paragraph 5 for
“OFCOM” in each place where it occurs, substitute “The
Treasurer of the States of Jersey”; and
(f) omit paragraphs 6
and 7.
59
In Schedule 7 –
(a) omit paragraph 1 to 8,
15, 16, 19 to 24, 33, 35, 37 and 38; and
(b) for paragraph 31
substitute the following –
“(31) In section 393 (general restrictions on
disclosure of information) in subsection (5) after paragraph (l)
insert –
“(la) the Wireless Telegraphy Act 2006;”.”.
60
In Schedule 8 (transitional provisions, savings and transitory
modifications) –
(a) omit paragraphs 5, 9,
10, 16 to 22, 25, 26, 28 and 29; and
(b) in paragraph 12(1) omit
“20(2) or” and in paragraph 12(3) omit “20 or”.
61
In Schedule 9 (repeals) –
(a) in Part 1, omit
all the items and entries except those in respect of –
Wireless Telegraphy Act 1949;
Marine etc.
Broadcasting (Offences) Act 1967;
Wireless Telegraphy Act 1967;
Telecommunications Act 1984;
Broadcasting Act 1990; and
Communications Act 2003;
(b) Omit Part 2.
SCHEDULE
2
(Article 4)
PART 1
mODIFICATIONS OF COMMUNICATIONS (JERSEY)
ORDER 2003[2]
1
For article 4 substitute –
“4. The Secretary of State
shall not request OFCOM under subsection (2) of section 22 of the
2003 Act to do as respects Jersey one or more of the things set out in
subsection (1) of that section unless he has first consulted the
appropriate authorities in Jersey.”.
2
In article 6 –
(a) In
the item Part 6 (Miscellaneous and Supplementary) for “sections 390
to 396, 400 and 402 to 406, 410 and 411”; substitute “sections 390
to 392, 393(1)(a), (c) and (d), (2) to (4), (5), (c) to (k), (m) to (p) and
394(1), (2)(a), (b), (d) to (f), (3) to (10), 395, 396, 400, 402(1), (2)(a), (c),
(3), 403, 404(1) to (3), (4)(a), (d) and (e), and sections 405 and 406, 410 and
411”; and
(b) For the item
“Schedule 1, 2, 5, 8 to 15 and 17 to 19”substitute
“Schedule 1, paragraphs 3 to 14, Schedule 2, Schedule 8,
paragraphs 1 to 12, Schedules 9 to 15, Schedule 17 paragraphs
1 to 5, 19 to 31, 39 to 63, 70, 72(1) and (3) to (7), 73 to 144, and 152
to 175, Schedule 18, paragraphs 1 to 5 and 7, to 19, 22 to 54, 56 to 62
and 64 and Schedule 19 (apart from Notes 1 and 3)”.
3
In Schedule 2 (Modifications with which
provisions of the Communications Act 2003 extend
to Jersey) –
(a) for paragraph 101,
substitute “In Schedule 8 (Decisions not subject to appeal), omit
paragraphs 3 to 12, 37, the words “or 62” in paragraph 40(b)
and paragraph 46.”;
(b) for paragraph 109(a)
substitute –
“(a) omit paragraphs 2 to 5, 19 to
31, 39 to 63, 70 to 72(1), 72(3) to (9), 73 to 144, 152 to 171 and 173 to
175.”; and
(c) in
paragraph 110(a) substitute “omit paragraphs 2(4), 3, 4, 7 to 19,
22, 24 and 25, 26(8), 27 to 29, 38, 45, 56 to 62 and 64.”.
4
After sub-paragraph 110(c) insert –
“(cc) in paragraph 23 omit sub-paragraph 1(c)(i);
(cd) in sub-paragraph (2) omit the words
“(or that Act of 1949); and
(ce) omit sub-paragraph (3).”.
5
In paragraph 111 insert at the end a new
sub-paragraph as follows –
“(f) omit Notes 1 to 3 of Schedule 19”.
PART 2
Revocations
|
Revocations
|
Reference
|
Extent of revocation
|
|
The Wireless Telegraphy (Channel Islands) Order 1952[3]
|
S.I. 1952/1900
|
The whole of the Order insofar
as it applies to Jersey
|
|
The Marine & c, Broadcasting (Offences) (Jersey) Order 1967[4]
|
S.I. 1967/1275
|
The whole of the Order
|
|
The Wireless Telegraphy (Channel Islands) Order 1967[5]
|
S.I. 1967/1279
|
The whole of the Order insofar
as it applies to Jersey
|
|
The Wireless Telegraphy (Channel Islands) (Amendment) Order 1997[6]
|
S.I. 1997/284
|
The whole of the Order insofar
as it applies to Jersey
|
|
The Wireless Telegraphy (Jersey) Order 1998[7]
|
S.I. 1998/1512
|
The whole of the Order
|
|
The Wireless Telegraphy (Jersey) Order 2003[8]
|
S.I. 2003/3196
|
The whole of the Order
|
|
The Communications (Jersey) Order 2003[9]
|
S.I. 2003/3197
|
In article 6 the words “Chapter 2 (Spectrum use):
sections 152, 154 to 167, 169 to 179 and 183 and 184”.
In Schedule 2 (Modifications with which provisions of the
Communications Act 2003 extend to Jersey), paragraphs 15 to 25,
91(1)(ii), 98(a), 100, 109(b) to (l).
|
|
The Broadcasting and Communications (Jersey) Order 2004[10]
|
S.I. 2004/308
|
Part 1 of Schedule 2 to the Order (Amendments of the
Wireless Telegraphy (Jersey) Order), and in Part 3 of Schedule 2
(Amendments of the Communications (Jersey) Order 2003), paragraphs (b), (c)
and (n) only.
|
WIRELESS TELEGRAPHY ACT 2006
CHAPTER
36
CONTENTS
PART
I
general
provision about radio spectrum
Radio
spectrum functions of OFCOM
Section
1 General
functions
2 * * * * * * *
3 Duties
of OFCOM when carrying out functions
4 Advisory
service in relation to interference
5 Directions
of Secretary of State
6 Procedure
for directions
Reservation of spectrum for multiplex use
7 Special
duty in relation to television multiplexes
PART 2
regulation of radio spectrum
chapter 1
wireless telegraphy licences
Licensing of wireless telegraphy
8 Licences
and exemptions
9 Terms,
provisions and limitations
10 Procedure
11 Surrender of licence
Charges etc.
12 Charges for grant of
licence
13 Matters taken into account
14 Bidding for licences
15 Recovery
16 Regulations
17 Sections 12 to 16:
interpretation
chapter 2
grants of recognised spectrum access
Making of grants
18 Grant of recognised
spectrum access
19 Procedure
20 Effect of grant of
recognised spectrum access
Charges etc.
21 Charges for grant of
recognised spectrum access
22 Matters taken into account
23 Bidding for grants
24 Recovery
25 Regulations
26 Sections 21 to 25:
interpretation
chapter 3
management of radio spectrum
General
27 Conversion into and
from wireless telegraphy licences
28 Payments by the
Crown
29 Limitations on
authorised spectrum use
30 * * * * * * *
Wireless telegraphy register
31 Wireless telegraphy
register
Statistical information
32 Statistical
information
33 Failure to provide
information etc.
34 Statement of policy
chapter 4
enforcement
Unauthorised use etc.
35 Unauthorised use etc. of wireless telegraphy station or apparatus
36 Keeping available
for unauthorised use
37 Allowing premises to
be used for unlawful broadcasting
38 Facilitating unauthorised
broadcasting
Procedures for contraventions
39 Contravention of
terms, etc.
40 Repeated contravention
41 Procedure for
prosecutions
42 Special procedure
for contraventions by multiplex licence holders
43 Amount of penalty
under section 42
44 Relevant amounts of
gross revenue
chapter 5
miscellaneous
Regulations about wireless telegraphy
45 Regulations
46 Offences
Misuse of wireless telegraphy
47 Misleading messages
48 Interception and
disclosure of messages
49 Interception
authorities
Miscellaneous
50 Apparatus on
foreign-registered ships, etc.
51 * * * * * * *
52 Wireless personnel
53 Surrender of
authority
PART 3
regulation of apparatus
Undue interference
54 Regulations
about use and sale etc. of apparatus
55 Enforcement:
use of apparatus
56 Enforcement:
sale etc. of apparatus
57 Appeal
against notice under section 55 or 56 etc.
58 Contravening
notice under section 55 or 56
59 Entry
and search of premises etc.
60 Obstruction
and failure to assist
61 Sections
54 to 60: interpretation
Restriction orders
* * * * * * *
Deliberate interference
68 Deliberate
interference
PART 4
* * * * * * *
PART 5
Prohibition of broadcasting from sea or
air
Prohibitions
77 Broadcasting
from ships and aircraft
78 Broadcasting
from marine structures etc.
79 Broadcasting
from prescribed areas of high seas
80 Acts
connected with broadcasting
81 Management
of station
82 Facilitating
broadcasting from ships or aircraft
83 Facilitating
broadcasting from structures etc.
84 Maintaining
or repairing apparatus
85 Acts
relating to broadcast material
86 Facilitation
offences: territorial scope
87 Procuring
person to commit offence abroad
Enforcement
88 Enforcement
officers
89 Enforcement
powers
90 Enforcement
powers: facilitation offences
91 Exercise
of powers
92 Further
provisions
Penalties and proceedings
93 Penalties
and proceedings
Saving
94 Saving
for certain broadcasts
Interpretation
95 Part 5:
interpretation
PART 6
general
Fixed penalties
96 * * * * * * *
Entry, search and seizure
97 Powers
of entry and search
98 Obstruction
and failure to assist
99 Powers
of seizure
100 Obstruction
Disposal and forfeiture
101 Detention
and disposal of property
102 Section
101: conclusion of proceedings
103 Forfeiture
on conviction
104 * * * * * * *
Enforcement, proceedings etc.
105 Offences
relating to ships or aircraft
106 Continuing
offences
107 Proceedings
and enforcement
108 Civil
proceedings
109 * * * * * * *
110 Criminal
liability of company directors etc.
Disclosure of information
111 General
restrictions
Notifications etc. and electronic working
112 Service
of documents
113 Documents
in electronic form
114 Timing
and location of things done electronically
Interpretation
115 General
interpretation
116 “Wireless
telegraphy”
117 “Wireless
telegraphy apparatus” and “wireless telegraphy station”
Extent and application
118 Extent
119 Territorial
application
120 * * * * * * *
Supplemental
121 Orders
and regulations made by Secretary of State
122 Orders
and regulations made by OFCOM
123 * * * * * * *
124 Transitional
provisions, savings and transitory modifications
125 Repeals
and revocations
126 Short
title and commencement
____________________
Schedule 1 – Procedure for wireless
telegraphy licences
Schedule 2 – Procedure for grants of
recognised spectrum access
Schedule 3 – Suspension and
revocation of authorities issued to wireless personnel
Schedule 4 – * * * * * * *
Schedule 5 – Forfeiture on
conviction
Schedule 6 – * * * * * * *
Schedule 7 – Consequential
amendments
Schedule 8 – Transitional
provisions, savings and transitory modifications
Part 1 – Transitional provisions and savings
Part 2 – Transitory modifications
Schedule 9 – Repeals and revocations
Part 1 – Repeals
Part 2 – Revocations
ELIZABETH II
WIRELESS TELEGRAPHY ACT 2006
2006 CHAPTER 36
AN
ACT to consolidate enactments about wireless
telegraphy.
[8th November
2006]
BE IT ENACTED by the Queen’s
Most Excellent Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament assembled, and
by the authority of the same, as follows[11] –
PART I
general provision about radio spectrum
Radio spectrum functions of OFCOM
1 General
functions
(1) It
is a function of OFCOM –
(a) to give such advice in relation to the use of the electromagnetic
spectrum for wireless telegraphy,
(b) to provide such other services, and
(c) to maintain such records,
as they consider appropriate for the purpose of facilitating or
managing the use of the spectrum for wireless telegraphy.
(2) It
is a function of OFCOM, in relation to the use of the electromagnetic spectrum
for wireless telegraphy –
(a) to
give such further advice,
(b) to
provide such other services, and
(c) to
maintain such other records,
as the Secretary of State may require for the purpose of securing
compliance with the international obligations of the United Kingdom [on behalf
of Jersey].
[(2A) Before
requiring OFCOM to do or undertake anything under subsection (2) in
respect of Jersey, the Secretary of State shall consult with the Minister.]
(3) The
advice, other services and records that OFCOM may give, provide or maintain
under this section include advice, other services and records with respect to
the use of the electromagnetic spectrum at places outside the United Kingdom
[and Jersey].
(4) The
powers of OFCOM under Part 1 of the Communications Act 2003 (c.21)
to carry out research, or to arrange for others to carry out research, are to
be exercisable, in particular, for ascertaining, for
the purpose of carrying out OFCOM’s functions under this section,
information about –
(a) the
demands for use of the electromagnetic spectrum for wireless telegraphy in the
United Kingdom [and Jersey];
(b) the
effects, in the United Kingdom [and Jersey], of any such use of the spectrum;
(c) likely
future developments in relation to those matters; and
(d) any
other connected matters that OFCOM think relevant.
(5) OFCOM
may make a grant to any person if, in their opinion, the making of the grant is
likely to promote –
(a) the
efficient use in the United Kingdom [and Jersey] of the electromagnetic
spectrum for wireless telegraphy; or
(b) the
efficient management of that use.
(6) A
grant –
(a) may
be made to a person holding a wireless telegraphy licence or a grant of
recognised spectrum access or to any other person; and
(b) is to
be made on such terms and conditions as OFCOM consider appropriate;
and the terms and conditions may include terms requiring the
repayment of the grant in specified circumstances.
(7) The
consent of the Treasury is required –
(a) for
the making of a grant under subsection (5); and
(b) for
the terms and conditions on which such a grant is made.
(8) Where
OFCOM are required to give advice or provide another service to a person under
this section, they may make the giving of the advice or the provision of the
other service conditional on the payment to them of such sums –
(a) as
they may determine in advance; or
(b) as
may be agreed between them and that person.
(9) In
this section references to providing a service to a person include references
to a service consisting in –
(a) the
entry of that person’s particulars in a register or other record kept by
OFCOM for the purpose of carrying out their functions under this section; or
(b) the
taking of steps for the purposes of determining whether to grant an application
for an entry in a register or record so kept.
2 United
Kingdom Plan for Frequency Authorisation
* * * * * * *
3 Duties
of OFCOM when carrying out functions
(1) In
carrying out their radio spectrum functions, OFCOM must have regard, in particular, to –
(a) the
extent to which the electromagnetic spectrum is available for use, or further
use, for wireless telegraphy;
(b) the
demand for use of the spectrum for wireless telegraphy; and
(c) the demand
that is likely to arise in future for the use of the spectrum for wireless
telegraphy.
(2) In
carrying out those functions, they must also have regard, in
particular, to the desirability of promoting –
(a) the
efficient management and use of the part of the electromagnetic spectrum
available for wireless telegraphy;
(b) the
economic and other benefits that may arise from the use of wireless telegraphy;
(c) the
development of innovative services; and
(d) competition
in the provision of electronic communications services.
(3) Subsection (4)
has effect in the case of OFCOM’s radio spectrum functions, other than
their functions under sections 13 and 22.
(4) In
the application of this section to those functions, OFCOM may disregard such of
the matters mentioned in subsections (1) and (2) as appear to them –
(a) to be
matters to which they are not required to have regard apart from this section;
and
(b) to
have no application to the case in question.
(5) Where
it appears to OFCOM that a duty under this section conflicts with one or more
of their duties under sections 3 to 6 of the Communications Act 2003
(c. 21), priority must be given to their duties under those sections.
(6) Where
it appears to OFCOM that a duty under this section conflicts with another in a
particular case, they must secure that the conflict is resolved in the manner
they think best in the circumstances.
4 Advisory
service in relation to interference
It is a function of OFCOM to provide a service consisting in the
giving of advice and assistance to persons complaining of interference with
wireless telegraphy.
5 Directions
of Secretary of State
(1) The
Secretary of State may by order give general or specific directions to OFCOM
about the carrying out by them of their radio spectrum functions.
(2) An
order under this section may require OFCOM to secure that such frequencies of
the electromagnetic spectrum as may be specified in the order are kept
available or become available –
(a) for
such uses or descriptions of uses, or
(b) for
such users or descriptions of users,
as may be so specified.
(3) An
order under this section may require OFCOM to exercise their powers under the
provisions mentioned in subsection (4) –
(a) in
such cases,
(b) in
such manner,
(c) subject
to such restrictions and constraints, and
(d) with
a view to achieving such purposes,
as may be specified in, or determined by
the Secretary of State in accordance with, the order.
(4) The
provisions are –
(a) section
8(3);
(b) sections
12 to 14; and
(c) sections
21 to 23.
(5) This
section does not restrict the Secretary of State’s power under
section 5 of the Communications Act 2003 (c. 21) (directions in
respect of networks and spectrum functions).
[(6) Before
making an order under this section which relates to the management of the radio
spectrum in respect of Jersey, the Secretary of State shall consult the
Minister.]
6 Procedure
for directions
(1) An
order under section 5 must state the purpose for which a direction is given,
unless it falls within section 5(2) or (3).
(2) Before
making an order under section 5, the Secretary of State must
consult –
(a) OFCOM;
and
(b) such
other persons as he thinks fit.
(3) Subsection (2)
does not apply where the Secretary of State considers that the urgency of the
case makes it inexpedient to consult before making the order.
(4) *
*
*
*
*
(5) *
*
* *
*
(6) *
*
*
*
*
(7) *
*
*
*
*
Reservation of spectrum for multiplex use
7 Special
duty in relation to television multiplexes
(1) This
section applies where OFCOM, in the exercise of their radio spectrum functions,
have reserved frequencies for the broadcasting of television programmes.
(2) OFCOM
must, in carrying out those functions, exercise their powers so
as to secure, so far as practicable, that the requirement in
subsection (3) is satisfied.
(3) The
requirement is that sufficient capacity is made available on the reserved
frequencies for ensuring, in the case of every licensed television multiplex
service, that the qualifying services are broadcast by means of that multiplex
service.
(4) “Licensed
television multiplex service” means a television multiplex service the
provision of which is authorised by a licence under Part 1 of the Broadcasting Act 1996
(c. 55).
(5) “Qualifying
service” and “television multiplex service” each has the same
meaning as in Part 3 of the Communications Act 2003
(c. 21).
PART 2
REGULATION OF RADIO SPECTRUM
CHAPTER 1
WIRELESS TELEGRAPHY LICENCES
Licensing of wireless telegraphy
8 Licences
and exemptions
(1) It
is unlawful –
(a) to
establish or use a wireless telegraphy station, or
(b) to
install or use wireless telegraphy apparatus,
except under and in accordance with a licence (a “wireless
telegraphy licence”) granted under this section by OFCOM.
(2) Subsection
(1) does not apply to –
(a) the
use of a television receiver (within the meaning of Part 4 of the Communications Act 2003) for
receiving a television programme; or
(b) the
installation of a television receiver for use solely for that [purpose; or]
[(c) the
installation or use of any television receiver by a person who is a dealer in
such receivers where the installation or use is solely for the purpose of doing
any one or more of the following in the course of his
business as such a dealer, namely, demonstrating, testing or repairing such
receivers;]
(3) OFCOM
may by regulations exempt from subsection (1) the establishment,
installation or use of wireless telegraphy stations or wireless telegraphy
apparatus of such classes or descriptions as may be specified in the
regulations, either absolutely or subject to such terms, provisions and
limitations as may be so specified.
(4) If
OFCOM are satisfied that the condition in subsection (5) is satisfied as
respects the use of stations or apparatus of a particular description, they
must make regulations under subsection (3) exempting the establishment,
installation and use of a station or apparatus of that description from
subsection (1).
(5) The
condition is that the use of stations or apparatus of that description is not
likely to involve undue interference with wireless telegraphy.
[(6) The
functions of OFCOM under this section, insofar as they relate to programme making, as defined in the Contracting Out
(Functions Relating to Wireless Telegraphy) Order 1996, may be
exercised by, or by employees of, such person (if any) as may be authorised in that behalf in the United Kingdom by OFCOM
under that order.]
9 Terms,
provisions and limitations
(1) A
wireless telegraphy licence may be granted subject to
such terms, provisions and limitations as OFCOM think fit.
(2) In
the case of a licence to establish a station, the
limitations may, in particular, include limitations as
to –
(a) the
position and nature of the station;
(b) the
purpose for which, the circumstances in which and the persons by whom the
station may be used;
(c) the
apparatus that may be installed or used in the station.
(3) In
the case of any other licence, the limitations may, in particular, include limitations as to –
(a) the
apparatus that may be installed or used;
(b) the
places where, the purposes for which, the circumstances in which and the
persons by whom the apparatus may be used.
(4) The
terms, provisions and limitations may also include, in particular –
(a) terms,
provisions and limitations as to strength or type of signal, as to times of use
and as to the sharing of frequencies;
(b) terms,
provisions or limitations imposing prohibitions on the transmission or
broadcasting of particular matters by the holder of the licence;
(c) terms
or provisions requiring the transmission or broadcasting of particular
matters by that person.
(5) A
wireless telegraphy licence may be
granted –
(a) in
relation to a particular station or particular apparatus;
or
(b) in
relation to any station or apparatus falling within a description specified in
the licence;
and such a description may be expressed by reference to such factors
(including factors confined to the manner in which it
is established, installed or used) as OFCOM think fit.
(6) *
*
*
*
*
(7) In
imposing terms, provisions or limitations on a wireless telegraphy licence, OFCOM may impose only those that they are
satisfied are –
(a) objectively
justifiable in relation to the networks and services to which they relate;
(b) not
such as to discriminate unduly against particular persons or against a
particular description of persons;
(c) proportionate
to what they are intended to achieve; and
(d) in
relation to what they are intended to achieve, transparent.
(8) This
section has effect subject to regulations under section 14.
10 Procedure
Schedule 1 (which makes provision about the grant, revocation
and variation of wireless telegraphy licences) has effect.
11 Surrender
of licence
(1) Where
a wireless telegraphy licence has expired or has been
revoked, it is the duty of –
(a) the
person to whom the licence was granted, and
(b) any
other person in whose possession or under whose control the licence may be,
to cause it to be surrendered to OFCOM if required by them to do so.
(2) Subsection (1)
does not apply to a licence that relates solely to
receiving apparatus.
(3) A
person commits an offence if –
(a) he
has a duty under subsection (1) to cause a wireless telegraphy licence to be
surrendered to OFCOM; and
(b) without
reasonable excuse he fails or refuses to do so.
(4) A
person who commits an offence under this section is liable
* * * to a fine not
exceeding [level 2] on the standard scale.
Charges etc.
12 Charges
for grant of licence
(1) A
person to whom a wireless telegraphy licence is
granted must pay to OFCOM –
(a) on
the grant of the licence, and
(b) if
regulations made by OFCOM so provide, subsequently at such times during its
term and such times in respect of its variation or revocation as may be
prescribed by the regulations,
the sums described in subsection (2).
(2) The
sums are –
(a) such
sums as OFCOM may prescribe by regulations, or
(b) if
regulations made by OFCOM so provide, such sums (whether on the grant of the
licence or subsequently) as OFCOM may determine in the particular
case.
(3) Regulations
under this section may –
(a) confer
exemptions from provisions of the regulations in particular cases; and
(b) provide
for sums paid to be refunded, in whole or in part, in such cases as may be
specified in the regulations or in such cases as OFCOM think fit.
(4) On
the grant of a licence in respect of which sums will
or may subsequently become payable under regulations under this section, OFCOM
may require such security to be given, by way of deposit or otherwise, for the
payment of those sums as they think fit.
(5) Regulations
under this section do not apply in relation to a licence
granted in accordance with regulations under section 14.
13 Matters
taken into account
(1) This
section applies where OFCOM exercise a power under section 12 to prescribe sums
payable in respect of wireless telegraphy licences,
other than a power to prescribe sums payable where a licence
is varied or revoked at the request or with the consent of the holder of the licence.
(2) OFCOM
may, if they think fit in the light (in particular) of the matters to which
they must have regard under section 3, prescribe sums greater than those
necessary to recover costs incurred by them in connection with their radio
spectrum functions.
(3) “Prescribe”
means prescribe by regulations or determine in accordance with regulations.
14 Bidding
for licences
(1) Having
regard to the desirability of promoting the optimal use of the electromagnetic
spectrum, OFCOM may by regulations provide that, in such cases as may be
specified in the regulations, applications for wireless telegraphy licences must be made in accordance with a procedure that
involves the making by the applicant of a bid specifying an amount that he is
willing to pay to OFCOM in respect of the licence.
(2) The
regulations may make provision with respect to –
(a) the
grant of the licences to which they apply; and
(b) the
terms, provisions and limitations subject to which such licences are granted.
(3) The
regulations may, in particular –
(a) require
the applicant’s bid to specify the amount he is willing to pay;
(b) require
that amount to be expressed –
(i) as
a cash sum;
(ii) as
a sum determined by reference to a variable (such as income attributable wholly
or in part to the holding of the licence);
(iii) as a
combination of the two; or
(iv) (at
the applicant’s choice) in any one of the ways falling within
sub-paragraphs (i) to (iii) that is authorised
by the regulations;
(c) require
that amount to be expressed in terms of –
(i) the
making of a single payment;
(ii) the
making of periodic payments;
(iii) a
combination of the two; or
(iv) (at
the applicant’s choice) any one of the ways falling within sub-paragraphs (i) to (iii) that is authorised by the regulations;
(d) specify
requirements (for example, technical or financial requirements, requirements
relating to fitness to hold the licence and requirements intended to restrict
the holding of two or more wireless telegraphy licences by any one person)
which must be met by applicants for a licence;
(e) require
an applicant to pay a deposit to OFCOM;
(f) specify
circumstances in which a deposit is, or is not, to be refundable;
(g) specify
matters to be taken into account by OFCOM (in addition to the bids made in
accordance with the procedure provided for in the regulations) in deciding
whether, or to whom, to grant a licence;
(h) specify
the other terms, provisions and limitations subject to which a licence to which
the regulations apply is to be granted;
(i) make
any provision referred to in section 12(3).
(4) Regulations
do not require OFCOM to grant a wireless telegraphy licence
on the completion of the procedure provided for in the regulations, except in
such circumstances as may be provided for in the regulations.
(5) A
wireless telegraphy licence granted in accordance
with the regulations must specify –
(a) the
sum or sums which in consequence of the bids made are, in accordance with the
regulations, to be payable in respect of the licence; or
(b) the
method for determining that sum or those sums;
and that sum or those sums must be paid to OFCOM by the person to
whom the licence is granted in accordance with the terms of the licence.
(6) In determining the sum or sums payable in respect of a wireless
telegraphy licence, regard may be had to bids made for other wireless
telegraphy licences and for grants of recognised spectrum access.
(7) The regulations may
provide that where a person –
(a) applies
for a licence in accordance with a procedure provided for in the regulations,
but
(b) subsequently
refuses the licence applied for,
that person must make such payments to OFCOM as may be determined in
accordance with the regulations by reference to bids made for the licence.
(8) Section
12(4) applies in relation to sums that will or may become payable under
regulations under this section after the grant of a wireless telegraphy licence as it applies in relation to sums that will or may
become payable under regulations under section 12.
15 Recovery
(1) This
section applies in the case of a sum which is to be paid to OFCOM –
(a) under
any provision of sections 12 to 14;
(b) in
pursuance of any provision of any regulations under those sections; or
(c) because
of any terms contained as a result of those sections
in a wireless telegraphy licence.
(2) The
sum must be paid to OFCOM as soon as it becomes due in accordance with that
provision or those terms and, if it is not paid, it is to be recoverable by
them accordingly.
16 Regulations
(1) In
its application to the powers of OFCOM to make regulations under sections 12 to
14, section 122 is subject to the following provisions of this section.
(2) Subsections
(4) to (6) of section 122 do not apply in any case in which it appears to OFCOM
that by reason of the urgency of the matter it is inexpedient to publish a
notice in accordance with section 122(4)(b).
(3) Subsections
(4) to (6) of section 122 do not apply in the case of any regulations under
section 14 modifying previous regulations under section 14 in a case
not falling within subsection (2) of this section, if it appears to
OFCOM –
(a) that
the modifications would not adversely affect the interests of any person or
otherwise put him in a worse position or, as regards someone else, put him at a
disadvantage; and
(b) in so
far as the modifications affect a procedure that has already begun, that no
person would have acted differently had the modifications come into force
before the procedure began.
17 Sections
12 to 16: interpretation
References in sections 12 to 16 to the grant of a wireless
telegraphy licence include references to the grant of a licence by way of
renewal of a previous licence.
CHAPTER 2
GRANTS OF RECOGNISED SPECTRUM ACCESS
Making of grants
18 Grant
of recognised spectrum access
(1) This
section applies where –
(a) a
person is proposing to use or to continue to use a wireless telegraphy station
or wireless telegraphy apparatus;
(b) the
circumstances of the use are circumstances specified for the purposes of this
section in regulations made by OFCOM;
(c) that
use does not require a wireless telegraphy licence but will involve the
emission of electromagnetic energy with a view to the reception of anything [at
places in Jersey or in Jersey’s territorial sea].
(2) For
the purposes of this section it is immaterial whether the emissions are from a
place within [Jersey] or from a place outside [Jersey].
(3) On
an application by that person, OFCOM may make a grant of recognised
spectrum access in respect of any use by him of anything for wireless
telegraphy that is specified in the grant.
(4) A
grant of recognised spectrum access made to a person
shall set out, by reference to such factors as OFCOM think fit (including, so
far as they think fit, frequencies, times and places of reception and strength
and type of signal), the respects in which the use of anything by that person
for wireless telegraphy is recognised by the grant.
(5) A
grant of recognised spectrum access to a person is
made by giving him a notification containing the grant.
(6) A
grant of recognised spectrum access may be made
subject to such restrictions and conditions as OFCOM think fit, including, in particular, restrictions or conditions as to strength
or type of signal, as to times of use and as to the sharing of frequencies.
(7) *
*
*
*
*
(8) Where
a grant of recognised spectrum access is made subject
to restrictions and conditions, the restrictions and conditions must be set out
in the notification by which the grant is made.
19 Procedure
Schedule 2 (which makes provision about the making, revocation
and modification of grants of recognised spectrum access) has effect.
20 Effect
of grant of recognised spectrum access
(1) This
section applies to –
(a) OFCOM’s
functions under sections 8 and 9 with respect to the granting of wireless
telegraphy licences;
(b) their
functions under section 18 with respect to the making of grants of recognised
spectrum access; and
(c) any
of their other radio spectrum functions in the carrying out of which it is
appropriate for them to have regard to –
(i) whether
wireless telegraphy licences are in force, or
(ii) the
terms, provisions or limitations of wireless telegraphy licences that are in
force.
(2) In
carrying out those functions, OFCOM must take into account –
(a) the
existence of any grant of recognised spectrum access that is in force, and
(b) the
provisions imposing the restrictions and conditions subject to which such a
grant has effect,
to the same extent as they would take into account
a wireless telegraphy licence with terms, provisions or limitations making
equivalent provision.
Charges etc.
21 Charges
for grant of recognised spectrum access
(1) A
person to whom a grant of recognised spectrum access
is made must pay to OFCOM –
(a) on
the making of the grant, and
(b) if
regulations made by OFCOM so provide, subsequently at such times during its
term and such times in respect of its modification or revocation as may be
prescribed by the regulations,
the sums described in subsection (2).
(2) The
sums are –
(a) such
sums as OFCOM may prescribe by regulations, or
(b) if
regulations made by OFCOM so provide, such sums (whether on the making of the
grant or subsequently) as OFCOM may determine in the particular
case.
(3) Regulations
under this section may –
(a) confer
exemptions from provisions of the regulations in particular cases; and
(b) provide
for sums paid to be refunded, in whole or in part, in such cases as may be
specified in the regulations or in such cases as OFCOM think fit.
(4) On
the making of a grant of recognised spectrum access
in respect of which sums will or may subsequently become payable under
regulations under this section, OFCOM may require such security to be given, by
way of deposit or otherwise, for the payment of those sums as they think fit.
(5) Regulations
under this section do not apply in relation to a grant of recognised
spectrum access made in accordance with regulations under section 23.
22 Matters
taken into account
(1) This
section applies where OFCOM exercise a power under section 21 to prescribe sums
payable in respect of grants of recognised spectrum
access, other than a power to prescribe sums payable where a grant is modified
or revoked at the request or with the consent of the holder of the grant.
(2) OFCOM
may, if they think fit in the light (in particular) of the matters to which
they must have regard under section 3, prescribe sums greater than those
necessary to recover costs incurred by them in connection with their radio
spectrum functions.
(3) “Prescribe”
means prescribe by regulations or determine in accordance with regulations.
23 Bidding
for grants
(1) Having
regard to the desirability of promoting the optimal use of the electromagnetic
spectrum, OFCOM may by regulations provide that, in such cases as may be
specified in the regulations, applications for grants of recognised
spectrum access must be made in accordance with a procedure that involves the
making by the applicant of a bid specifying an amount that he is willing to pay
to OFCOM in respect of the grant.
(2) The
regulations may make provision with respect to –
(a) the
grants to which they apply; and
(b) the
restrictions and conditions subject to which such grants are made.
(3) The
regulations may, in particular –
(a) require
the applicant’s bid to specify the amount he is willing to pay;
(b) require
that amount to be expressed –
(i) as
a cash sum;
(ii) as
a sum determined by reference to a variable (such as income attributable wholly
or in part to the use of wireless telegraphy to which the grant relates);
(iii) as a combination
of the two; or
(iv) (at
the applicant’s choice) in any one of the ways falling within
sub-paragraphs (i) to (iii) that is authorised
by the regulations;
(c) require
that amount to be expressed in terms of –
(i) the
making of a single payment;
(ii) the
making of periodic payments;
(iii) a
combination of the two; or
(iv) (at
the applicant’s choice) any one of the ways falling within sub-paragraphs (i) to (iii) that is authorised by the regulations;
(d) specify
requirements (for example, technical or financial requirements, requirements
relating to the use of wireless telegraphy to which the grant relates and requirements intended to restrict the holding of
two or more grants of recognised spectrum access by any one person) which must
be met by applicants for a grant;
(e) require
an applicant to pay a deposit to OFCOM;
(f) specify
circumstances in which a deposit is, or is not, to be refundable;
(g) specify
matters to be taken into account by OFCOM (in addition to the bids made in
accordance with the procedure provided for in the regulations) in deciding
whether, or to whom, to make a grant of recognised spectrum access;
(h) specify
the other restrictions and conditions subject to which a grant to which the
regulations apply is to be made;
(i) make
any provision referred to in section 21(3).
(4) Regulations do not
require OFCOM to make a grant of recognised spectrum access on the completion
of the procedure provided for in the regulations, except in such circumstances
as may be provided for in the regulations.
(5) A
grant of recognised spectrum access made in
accordance with the regulations must specify –
(a) the
sum or sums which in consequence of the bids made are, in accordance with the
regulations, to be payable in respect of the grant; or
(b) the
method for determining that sum or those sums;
and that sum or those sums must be paid to OFCOM by the person to
whom the grant is made in accordance with the terms of the grant.
(6) In
determining the sum or sums payable in respect of a grant, regard may be had to
bids made for other grants of recognised spectrum
access and for wireless telegraphy licences.
(7) The
regulations may provide that where a person –
(a) applies
for a grant of recognised spectrum access in accordance with a procedure
provided for in the regulations, but
(b) subsequently
refuses the grant applied for,
that person must make such payments to OFCOM as may be determined in
accordance with the regulations by reference to bids made for the grant.
(8) Section
21(4) applies in relation to sums that will or may become payable under
regulations under this section after the making of a grant of recognised spectrum access as it applies in relation to
sums that will or may become payable under regulations under section 21.
24 Recovery
(1) This
section applies in the case of a sum which is to be paid to OFCOM –
(a) under
any provision of sections 21 to 23;
(b) in
pursuance of any provision of any regulations under those sections; or
(c) because
of any conditions contained as a result of those sections
in a grant of recognised spectrum access.
(2) The
sum must be paid to OFCOM as soon as it becomes due in accordance with that
provision or those conditions and, if it is not paid, it is to be recoverable
by them accordingly.
25 Regulations
(1) In
its application to the powers of OFCOM to make regulations under sections 21 to
23, section 122 is subject to the following provisions of this section.
(2) Subsections
(4) to (6) of section 122 do not apply in any case in which it appears to OFCOM
that by reason of the urgency of the matter it is inexpedient to publish a
notice in accordance with section 122(4)(b).
(3) Subsections
(4) to (6) of section 122 do not apply in the case of any regulations under
section 23 modifying previous regulations under section 23 in a case not
falling within subsection (2) of this section, if it appears to
OFCOM –
(a) that
the modifications would not adversely affect the interests of any person or
otherwise put him in a worse position or, as regards someone else, put him at a
disadvantage; and
(b) in so
far as the modifications affect a procedure that has already begun, that no
person would have acted differently had the modifications come into force
before the procedure began.
26 Sections
21 to 25: interpretation
References in sections 21 to 25 to the making of a grant of
recognised spectrum access include references to the making of a grant by way
of renewal of a previous grant.
CHAPTER 3
MANAGEMENT OF RADIO SPECTRUM
General
27 Conversion
into and from wireless telegraphy licences
OFCOM may by regulations make provision for –
(a) the
conversion, on the application of the licence holder,
of a wireless telegraphy licence into a grant of recognised spectrum access; and
(b) the
conversion, on the application of the holder of the grant, of a grant of recognised spectrum access into a wireless telegraphy licence.
28 Payments
by the Crown
(1) The
Secretary of State may, out of money provided by Parliament, make payments to
OFCOM of such amounts as he considers appropriate in respect of –
(a) the
establishment and use, by or on behalf of the Crown, of a wireless telegraphy station;
(b) the
installation and use, by or on behalf of the Crown, of wireless telegraphy apparatus;
(c) any
grant of recognised spectrum access made to the Crown.
(2) The
payments made under this section are to be made –
(a) at
such times, and
(b) so
far as made in relation to use, in relation to such periods,
as the Secretary of State considers appropriate.
29 Limitations
on authorised spectrum use
(1) If
they consider it appropriate to impose limitations on the use of particular frequencies for the purpose of securing the
efficient use of the electromagnetic spectrum, OFCOM must make an order
imposing the limitations.
(2) An
order under this section may do one or both of the following –
(a) specify
frequencies for the use of which OFCOM will grant or make only a limited number
of wireless telegraphy licences and grants of recognised spectrum access; or
(b) specify
uses for which, on specified frequencies, OFCOM will grant or make only a
limited number of wireless telegraphy licences and grants of recognised
spectrum access.
(3) Where
OFCOM make an order under this section, it must set out the criteria which
OFCOM will apply in determining in accordance with the order –
(a) the
limit on the number of wireless telegraphy licences and grants of recognised
spectrum access to be granted or made for the specified frequencies or uses;
(b) the
persons to whom licences will be granted or grants of recognised spectrum
access made.
(4) OFCOM
must satisfy themselves that any criteria set out as a result
of subsection (3) are –
(a) objectively
justifiable in relation to the frequencies or uses to which they relate;
(b) not
such as to discriminate unduly against particular persons or against a
particular description of persons;
(c) proportionate
to what they are intended to achieve; and
(d) in
relation to what they are intended to achieve, transparent.
(5) OFCOM
must exercise –
(a) their
powers under Chapter 1 of this Part with respect to wireless telegraphy
licences, and
(b) their
powers under Chapter 2 of this Part with respect to grants of recognised
spectrum access,
in accordance with the orders for the time being in force under this
section.
(6) OFCOM
must keep under review any order for the time being in force under this
section.
(7) OFCOM
must make an order revoking or amending the provisions of an order under this
section if, on reviewing it, they consider it necessary to do so for the
purpose of securing the efficient use of the electromagnetic spectrum.
(8) An
order under this section may make provision by reference to determinations
which –
(a) are
made from time to time by OFCOM in accordance with the provisions of such an
order; and
(b) are
published by them from time to time in such manner as may be provided for in
such an order.
30 Spectrum
trading
* * * * * * *
Wireless telegraphy register
31 Wireless
telegraphy register
(1) OFCOM
may by regulations make provision for the establishment and maintenance of a
register of relevant information.
(2) OFCOM
may include relevant information in the register if, and only if, it is
relevant information of a description prescribed by regulations under this
section.
(3) Information
is relevant information for the purposes of subsection (1) if it relates
to –
(a) the
grant, renewal, transfer, variation or revocation of wireless telegraphy
licences; or
(b) the
making, renewal, transfer, modification or revocation of grants of recognised
spectrum access.
(4) Subject
to such conditions (including conditions as to payment) as may be prescribed by
regulations under this section, a register established by virtue of subsection
(1) is to be open to inspection by the public.
Statistical information
32 Statistical
information
(1) OFCOM
may require a person who is using or has established, installed or used a
wireless telegraphy station or wireless telegraphy apparatus to provide OFCOM
with all such information relating to –
(a) the
establishment, installation or use of the station or apparatus, and
(b) any
related matters,
as OFCOM may require for statistical purposes.
(2) Subsection (1)
has effect subject to the following provisions of this section.
(3) OFCOM
may not require the provision of information under this section
except –
(a) by a
demand for information that sets out OFCOM’s reasons for requiring the
information and the statistical purposes for which it is required; and
(b) where
the making of a demand for that information is proportionate to the use to
which the information is to be put in the carrying out of OFCOM’s
functions.
(4) A
demand for information required under this section must be contained in a
notice given to the person from whom the information is required.
(5) A
person required to give information under this section must provide it in such
manner and within such reasonable period as may be specified by OFCOM.
33 Failure
to provide information etc
(1) A
person commits an offence if he fails to provide information in accordance with
a requirement of OFCOM under section 32.
(2) In
proceedings against a person for an offence under subsection (1) it is a defence for the person to show –
(a) that
it was not reasonably practicable for him to comply with the requirement within
the period specified by OFCOM; but
(b) that
he has taken all reasonable steps to provide the required information after the
end of that period.
(3) A
person who commits an offence under subsection (1) is liable on summary
conviction to a fine not exceeding [level 2] on the standard scale.
(4) A
person commits an offence if –
(a) in
pursuance of a requirement under section 32, he provides information that is
false in any material particular; and
(b) at
the time he provides it, he knows it to be false or is reckless as to whether or not it is false.
(5) A
person who commits an offence under subsection (4) is liable on summary
conviction to a fine not exceeding [level 4] on the standard scale.
34 Statement
of policy
(1) OFCOM
must prepare and publish a statement of their general policy with respect
to –
(a) the
exercise of their powers under section 32; and
(b) the
uses to which they are proposing to put information obtained under that
section.
(2) OFCOM
may from time to time revise that statement as they think fit.
(3) Where
OFCOM make a statement under this section (or revise it), they must publish the
statement (or the revised statement) in such manner as they consider
appropriate for bringing it to the attention of persons who, in their opinion,
are likely to be affected by it.
(4) OFCOM
must, in exercising their powers under section 32, have regard to the statement
for the time being in force under this section.
CHAPTER 4
ENFORCEMENT
Unauthorised use etc.
35 Unauthorised
use etc. of wireless telegraphy station or apparatus
(1) A
person commits an offence if he contravenes section 8.
(2) A
person who commits an offence under this section 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 is
[liable to imprisonment for a term not exceeding two years or to a fine or to
both.]
(3) *
*
*
*
*
(4) A
person who commits an offence under this section consisting in the installation
or use of receiving apparatus is liable [to a fine not exceeding level 2
on the standard scale.]
(5) A
person who commits an offence under this section other than one falling within
subsection (2) or (4) is liable [to imprisonment for a term not exceeding one
year or to a fine not exceeding level 3 on the standard scale, or to
both.]
(6) *
*
*
*
*
(7) In
this section “broadcast” has the same meaning as in Part 5.
36 Keeping
available for unauthorised use
(1) A
person who has a wireless telegraphy station or wireless telegraphy apparatus
in his possession or under his control commits an offence if –
(a) he
intends to use it in contravention of section 8; or
(b) he
knows, or has reasonable cause to believe, that another person intends to use
it in contravention of that section.
(2) A
person who commits an offence under this section where the relevant
contravention of section 8 would constitute an offence to which
section 35(2) applies is [liable to imprisonment for a term not exceeding
two years or to a fine, or to both.]
(3) *
*
*
*
*
(4) A
person who commits an offence under this section in relation to receiving
apparatus is liable [to a fine not exceeding level 2 on the standard
scale.]
(5) A
person who commits an offence under this section other than one falling within
subsection (2) or (4) is liable [to imprisonment for a term not exceeding one
year or to a fine not exceeding level 4 on the standard scale, or to
both.]
(6) *
*
*
*
*
37 Allowing
premises to be used for unlawful broadcasting
(1) A
person who is in charge of premises that are used for
unlawful broadcasting commits an offence if –
(a) he
knowingly causes or permits the premises to be so used; or
(b) he
has reasonable cause to believe that the premises are being so used but fails
to take such steps as are reasonable in the circumstances of the case to
prevent them from being so used.
(2) A
person who commits an offence under this section is [liable to imprisonment for
a term not exceeding two years or to a fine, or to both.]
(3) *
*
*
*
*
(4) For
the purposes of this section a person is in charge of
premises if –
(a) he is
the owner or occupier of the premises; or
(b) he
has, or acts or assists in, the management or control of the premises.
(5) For
the purposes of this section premises are used for unlawful broadcasting if
they are used –
(a) for
making an unlawful broadcast; or
(b) for
sending signals for the operation or control of apparatus used for the purpose
of making an unlawful broadcast from another place.
(6) For
the purposes of this section a broadcast is unlawful if –
(a) it is
made by means of the use of a wireless telegraphy station or wireless
telegraphy apparatus in contravention of section 8; or
(b) the
making of the broadcast contravenes a provision of Part 5.
(7) In this
section –
“broadcast” has the same meaning as in Part 5;
“premises” includes any place and, in particular, includes –
(a) a
vehicle, ship or aircraft; and
(b) a
structure or other object (whether movable or not, and whether on land or not).
38 Facilitating
unauthorised broadcasting
(1) This
section applies in the case of a broadcasting station from which unauthorised broadcasts are made.
(2) A
person commits an offence if –
(a) he
participates in the management, financing, operation or day-to-day running of
the broadcasting station knowing, or having reasonable cause to believe, that
unauthorised broadcasts are made by the station;
(b) he
supplies, installs, repairs or maintains wireless telegraphy apparatus or any
other item knowing, or having reasonable cause to believe –
(i) that
the apparatus or other item is to be, or is, used for the purpose of
facilitating the operation or day-to-day running of the broadcasting station,
and
(ii) that
unauthorised broadcasts are made by the station;
(c) he
renders any other service to a person knowing, or having reasonable cause to
believe –
(i) that
the rendering of the service to the person will facilitate the operation or
day-to-day running of the broadcasting station, and
(ii) that
unauthorised broadcasts are made by the station;
(d) he
supplies a film or sound recording knowing, or having reasonable cause to
believe, that an unauthorised broadcast of it is to be made by the broadcasting
station;
(e) he
makes a literary, dramatic or musical work knowing, or having reasonable cause
to believe, that an unauthorised broadcast of it is to be made by the
broadcasting station;
(f) he
makes an artistic work knowing, or having reasonable cause to believe, that an
unauthorised broadcast including that work is to be made by the broadcasting station;
(g) he
participates in an unauthorised broadcast made by the broadcasting station
knowing, or having reasonable cause to believe, that unauthorised broadcasts
are made by the station;
(h) he
advertises, or invites another to advertise, by means of an unauthorised
broadcast made by the broadcasting station knowing, or having reasonable cause
to believe, that unauthorised broadcasts are made by the station;
(i) he
publishes the times or other details of unauthorised broadcasts made by the
broadcasting station, or (otherwise than by publishing such details) publishes
an advertisement of matter calculated to promote the station (whether directly
or indirectly), knowing, or having reasonable cause to believe, that
unauthorised broadcasts are made by the station.
(3) For
the purposes of this section 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) In
proceedings for an offence under this section consisting in supplying a thing
or rendering a service, it is a defence for the
defendant to prove that he was obliged, under or by virtue of any enactment, to
supply the thing or render the service.
(6) A
person who commits an offence under this section is [liable to imprisonment for
a term not exceeding two years or to a fine, or to both.]
(7) *
*
*
*
*
(8) In this
section –
“broadcast” has the same meaning as in Part 5;
“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;
“unauthorised broadcast” means
a broadcast made by means of the use of a wireless telegraphy station or
wireless telegraphy apparatus in contravention of section 8.
Procedures for contraventions
39 Contravention
of terms, etc.
(1) Where
OFCOM determine that there are reasonable grounds for believing that a person
is contravening, or has contravened –
(a) a
term, provision or limitation of a wireless telegraphy licence, or
(b) a
term, provision or limitation of an exemption under section 8(3),
they may give that person a notification under this section.
(2) A
notification under this section –
(a) sets
out the determination made by OFCOM;
(b) specifies
the term, provision or limitation, and the contravention, in respect of which
that determination has been made; and
(c) specifies
the period during which the person notified has an opportunity of doing the
things specified in subsection (3).
(3) The
things are –
(a) making
representations about the matters notified; and
(b) complying
with any notified term, provision or limitation of which he remains in
contravention.
(4) Subject
to subsections (5) to (7), the period for doing those things must be the period
of one month beginning with the day after the one on which the notification was
given.
(5) 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.
(6) The
person notified has a shorter period for doing those things if a shorter period
is agreed between OFCOM and the person notified.
(7) The
person notified also has a shorter period if –
(a) OFCOM
have reasonable grounds for believing that the case is a case of repeated contravention;
(b) they
have determined that, in those circumstances, a shorter period would be
appropriate; and
(c) the
shorter period has been specified in the notification.
40 Repeated
contravention
(1) For
the purposes of section 39 a contravention is a repeated contravention, in
relation to a notification with respect to that contravention, if –
(a) in
the case of a contravention of a term, provision or limitation of a wireless
telegraphy licence, it falls within subsection (2) or (3); or
(b) in
the case of a contravention of a term, provision or limitation of an exemption
under section 8(3), it falls within subsection (4) or (5).
(2) A
contravention of a term, provision or limitation of a wireless telegraphy licence falls within this subsection if –
(a) a
previous notification under section 39 has been given in respect of the same
contravention or in respect of another contravention of a term, provision or
limitation of the same licence;
(b) the
person who was given that notification subsequently took steps for remedying
the notified contravention; and
(c) the
subsequent notification is given no more than 12 months after the day of
the giving of the previous notification.
(3) A
contravention of a term, provision or limitation of a wireless telegraphy licence falls within this subsection if –
(a) the
person concerned has been convicted of an offence under section 35 in respect
of the contravention to which the notification relates or in respect of another
contravention of a term, provision or limitation of the same licence; and
(b) the
subsequent notification is given before the end of the period of 12 months
from the contravention in respect of which that person was convicted of that
offence.
(4) A
contravention of a term, provision or limitation of an exemption falls within
this subsection if –
(a) a
previous notification under section 39 has been given in respect of the same
contravention or in respect of another contravention of the same term,
provision or limitation;
(b) the
person who was given that notification subsequently took steps for remedying
the notified contravention; and
(c) the
subsequent notification is given no more than 12 months after the day of
the giving of the previous notification.
(5) A
contravention of a term, provision or limitation of an exemption falls within
this subsection if –
(a) the
person concerned has been convicted of an offence under section 35 in
respect of the contravention to which the notification relates or in respect of
another contravention of the same term, provision or limitation; and
(b) the
subsequent notification is given before the end of the period of 12 months
from the contravention in respect of which that person was convicted of that
offence.
(6) In
calculating the periods of 12 months mentioned in subsections (3)(b) and
(5)(b), the period between the institution of the criminal proceedings which
led to the conviction and the conclusion of those proceedings is to be left out
of account.
(7) For
the purposes of subsection (6) criminal proceedings are taken to be concluded
when no further appeal against conviction may be brought without the permission
of the court and –
(a) in a
case where there is no fixed period within which that permission can be sought,
permission has been refused or has not been sought; or
(b) 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.
(8) References
to remedying a contravention include references to –
(a) doing
any thing the failure to do which, or the failure to
do which within a particular period or before a particular time, constituted
the whole or a part of the contravention;
(b) paying
an amount to a person by way of compensation for loss or damage suffered by
that person in consequence of the contravention;
(c) paying
an amount to a person by way of compensation in respect of annoyance,
inconvenience or anxiety to which he has been put in consequence of the contravention;
(d) otherwise
acting in a manner that constitutes an acknowledgement that the notified
contravention did occur.
(9) References
to a contravention of a term, provision or limitation of a wireless telegraphy licence include references to a contravention of a term,
provision or limitation contained in a previous licence
of which the licence in question is a direct or
indirect renewal.
41 Procedure
for prosecutions
(1) This
section applies to proceedings against a person (“the defendant”)
for an offence under section 35 consisting in the contravention of –
(a) the
terms, provisions or limitations of a wireless telegraphy licence; or
(b) the
terms, provisions or limitations of an exemption under section 8(3).
(2) Proceedings
to which this section applies are not to be brought unless, before they are
brought, OFCOM have –
(a) given
the defendant a notification under section 39 in respect of the contravention
to which the proceedings relate; and
(b) considered
any representations about the matters notified which were made by the defendant
within the period allowed under that section.
(3) Proceedings
to which this section applies are not to be brought against a person in respect
of a contravention if –
(a) it is
a contravention to which a notification given to that person under section 39
relates; and
(b) that
person has, during the period allowed under that section, complied with the
notified term, provision or limitation.
(4) Subsection
(2) does not apply where OFCOM have certified that it would be inappropriate to
follow the procedure in section 39 because of 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 defendant)
who –
(i) use
wireless telegraphy stations or wireless telegraphy apparatus; or
(ii) are
communications providers or make associated facilities available.
(5) Where –
(a) proceedings
to which this section applies are as a result of
subsection (4) brought without a notification having been given to the
defendant, and
(b) the
defendant is convicted in those proceedings of the offence under section 35,
the court, in determining how to deal with that person, must have
regard, in particular, to the matters specified in subsection
(6).
(6) The
matters are –
(a) whether
the defendant has ceased to be in contravention of the terms, provisions or
limitations in question and (if so) when; and
(b) any
steps taken by the defendant (whether before or after the commencement of the proceedings)
for securing compliance with the obligations imposed on him by virtue of those
terms, provisions or limitations.
(7) *
*
*
*
*
(8) *
*
*
*
*
42 Special
procedure for contraventions by multiplex licence holders
(1) OFCOM
may impose a penalty on a person if –
(a) that
person is or has been in contravention in any respect of the terms, provisions
or limitations of a general multiplex licence;
(b) the
contravention relates to terms, provisions or limitations falling within
section 9(4)(b) or (c);
(c) OFCOM
have notified that person that it appears to them that those terms, provisions
or limitations have been contravened in that respect; and
(d) that
contravention is not one in respect of which proceedings for an offence under
this Chapter have been brought against that person.
(2) Where
OFCOM impose a penalty on a person under this section, they must –
(a) notify
that person of that decision and of their reasons for that decision; and
(b) in
that notification, fix a reasonable period after it is given as the period
within which the penalty is to be paid.
(3) A
penalty imposed under this section –
(a) must
be paid to OFCOM; and
(b) if
not paid within the period fixed by them, is to be recoverable by them
accordingly.
(4) No
proceedings for an offence under this Chapter may be commenced against a person
in respect of a contravention in respect of which a penalty has been imposed by
OFCOM under this section.
(5) A
licence is a general multiplex licence,
in relation to the time of a contravention, if –
(a) it is
a wireless telegraphy licence containing terms, provisions or limitations as a result of which the services for the purposes of which
the use of the licensed station or apparatus is authorised are confined to, or
are allowed to include, one or more multiplex services; and
(b) at
that time, there is no licence under Part 1 or 2 of the Broadcasting Act 1996 (c. 55) in
force in respect of a multiplex service to be broadcast using that station or
apparatus.
(6) “Multiplex
service” means –
(a) a
service for broadcasting for general reception consisting in the packaging
together of two or more services that are provided for inclusion together in
that service by a combination of the relevant information in digital form; or
(b) a
service provided with a view to its being a service falling within paragraph (a)
but in the case of which only one service is for the time being comprised in
digital form in what is provided.
43 Amount
of penalty under section 42
(1) The
amount of a penalty imposed under section 42 is to be such amount as OFCOM
think fit.
(2) But
the amount of the penalty may not exceed the greater of –
(a) £250,000;
and
(b) 5 per
cent. of the relevant amount of gross revenue.
(3) In
subsection (2) “the relevant amount of gross revenue” means
the amount specified in section 44.
(4) *
*
*
*
*
(5) *
*
*
*
*
44 Relevant
amount of gross revenue
(1) The
relevant amount of gross revenue for the purposes of section 43, in
relation to a penalty imposed on a person, is –
(a) where
the last accounting period of that person which falls before the contravention
was a period of 12 months, the relevant part of his gross revenue for that
period; and
(b) in
any other case, the amount which, by making any appropriate apportionments or
other adjustments of the relevant part of his gross revenue for the accounting
period or periods mentioned in subsection (2), is computed to be the
amount representing the annual rate for the relevant part of his gross revenue.
(2) The
accounting period or periods referred to in subsection (1) are –
(a) every
accounting period of his to end within the period of 12 months immediately
preceding the contravention; and
(b) if
there is no such accounting period, the accounting period of his which is
current at the time of the contravention.
(3) A
reference to the relevant part of a person’s gross revenue, in relation
to a contravention of the terms, provisions or limitations of a licence, is a reference to so much of his gross revenue as
is attributable to the provision of the service to which that licence relates.
(4) For
the purposes of this section –
(a) the
gross revenue of a person for a period, and
(b) the
extent to which a part of a person’s gross revenue is attributable to the
provision of any service,
is to be ascertained in accordance with such principles as may be
set out in a statement made by OFCOM.
(5) Such
a statement may provide for the amount of a
person’s gross revenue for an accounting period that is current when the
amount falls to be calculated to be taken to be the amount estimated by OFCOM,
in accordance with the principles set out in the statement, to be the amount that
will be his gross revenue for that period.
(6) OFCOM
may revise a statement made under subsection (4) from time to time.
(7) A
statement made or revised under this section may set out different principles
for different cases.
(8) Before
making or revising a statement under this section, OFCOM must consult the
Secretary of State and the Treasury.
(9) OFCOM
must –
(a) publish
the statement made under subsection (4) and every revision of it; and
[(b) send a
copy of the statement and every such revision to the Treasurer of the States.]
(10) Sections
32 and 33 are to apply for the purpose of ascertaining the amount of a
person’s gross revenue for any period for the purposes of section 43 and
this section as they apply for the purpose of obtaining information for
statistical purposes about matters relating to the establishment, installation
or use by that person of a wireless telegraphy station or wireless telegraphy
apparatus.
(11) In this section –
“accounting period”, in
relation to a person, means a period in respect of which accounts of the
undertaking carried on by him are prepared or, if one such period is comprised
in another, whichever of those periods is or is closest to a 12 month period;
“gross
revenue”, in relation to a person, means the gross revenue of an
undertaking carried on by that person.
CHAPTER 5
MISCELLANEOUS
Regulations about wireless telegraphy
45 Regulations
(1) OFCOM
may make regulations prescribing the things that are to be done, or not done,
in connection with the use of a wireless telegraphy station or wireless
telegraphy apparatus.
(2) Regulations
under subsection (1) may, in particular, require
the use of a wireless telegraphy station or wireless telegraphy apparatus to
cease on the demand of such persons as may be prescribed by or under the
regulations.
(3) OFCOM
may make regulations imposing on a person –
(a) to
whom a wireless telegraphy licence relating to a wireless telegraphy station or
wireless telegraphy apparatus is granted, or
(b) who
is in possession or control of such a station or such apparatus,
the obligations mentioned in subsection (4).
(4) The
obligations are –
(a) obligations
as to permitting and facilitating the inspection of the station or apparatus;
(b) obligations
as to the condition in which the station or apparatus is to be kept;
(c) in
the case of a station or apparatus for the establishment, installation or use
of which a wireless telegraphy licence is necessary, obligations as to the
production of the licence, or of such other evidence of the licensing of the
station or apparatus as may be prescribed by the regulations.
(5) OFCOM
may make regulations requiring the holder of a wireless telegraphy licence in respect of which sums are or may become due
after the grant of the licence, or after its renewal,
to keep and produce such accounts and records as may be specified in the
regulations.
(6) OFCOM
may make regulations requiring the holder of a wireless telegraphy licence authorising the
establishment or use of a wireless telegraphy station to exhibit at the station
such notices as may be specified in the regulations.
(7) Regulations
under this section have effect subject to regulations under section 14.
(8) Nothing
in regulations under this section requires a person to concede any form of
right of entry into a private dwelling-house for the purpose of permitting or
facilitating the inspection of receiving apparatus.
(9) The
approval of the Secretary of State is required for the making by OFCOM of
regulations under this section.
(10) 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.
46 Offences
(1) A
person commits an offence if –
(a) he
contravenes regulations made under section 45; or
(b) he
causes or permits a wireless telegraphy station or wireless telegraphy
apparatus to be used in contravention of regulations made under that section.
(2) A
person who commits an offence under this section consisting in a contravention,
in relation to receiving apparatus, of regulations made under section 45 is
[liable to a fine not exceeding level 2 on the standard scale.]
(3) A
person who commits an offence under this section other than one falling within
subsection (2) is [liable to a fine not exceeding level 4 on the standard
scale.]
Misuse of wireless telegraphy
47 Misleading
messages
(1) A
person commits an offence if, by means of wireless telegraphy, he sends or
attempts to send a message to which this section applies.
(2) This
section applies to a message which, to the person’s
knowledge –
(a) is
false or misleading; and
(b) is
likely to prejudice the efficiency of a safety of life service or to endanger
the safety of a person or of a ship, aircraft or vehicle.
(3) This
section applies in particular to a message which, to
the person’s knowledge, falsely suggests that a ship or
aircraft –
(a) is in
distress or in need of assistance; or
(b) is
not in distress or not in need of assistance.
(4) A
person who commits an offence under this section is [liable to imprisonment for
a term not exceeding two years or to a fine, or to both.]
(5) *
*
*
*
*
48 Interception
and disclosure of messages
(1) A
person commits an offence if, otherwise than under the authority of a
designated person –
(a) he
uses wireless telegraphy apparatus with intent to obtain information as to the
contents, sender or addressee of a message (whether sent by means of wireless
telegraphy or not) of which neither he nor a person on whose behalf he is
acting is an intended recipient, or
(b) he
discloses information as to the contents, sender or addressee of such a
message.
(2) A
person commits an offence under this section consisting in the disclosure of
information only if the information disclosed by him is information that would
not have come to his knowledge but for the use of wireless telegraphy apparatus
by him or by another person.
(3) A
person does not commit an offence under this section consisting in the
disclosure of information if he discloses the information in
the course of legal proceedings or for the purpose of a report of legal
proceedings.
(4) A
person who commits an offence under this section is [liable to a fine not
exceeding level 4 on the standard scale.]
[(5) “Designated
person” means –
(a) the
Attorney General of Jersey;
(b) any
person designated for the purposes of this section and section 49 by the
Attorney General of Jersey.]
49 Interception
authorities
(1) The
conduct in relation to which a designated person may give an interception
authority is not to include conduct falling within subsection (2), except
where he believes that the conduct is necessary on grounds falling within
subsection (5).
[(2) Conduct
falls within this subsection if it is –
(a) conduct
that, if engaged in without lawful authority, constitutes an offence under
Article 5(1) or (2) of the Regulation of
Investigatory Powers (Jersey) Law 2005;
(b) conduct
that, if engaged in without lawful authority, is actionable under Article 6
of that Law;
(c) conduct
that is capable of being authorised by an authorisation or notice granted under
Chapter 2 of Part 2 of that Law (Communications data); or
(d) conduct
that is capable of being authorised by an authorisation granted under Part 3
of that Law (surveillance etc).]
(3) A
designated person may not exercise his power to give an interception authority
except where he believes –
(a) that
the giving of his authority is necessary on grounds falling within subsection
(4) or (5); and
(b) that
the conduct authorised by him is proportionate to what is sought to be achieved
by that conduct.
(4) An
interception authority is necessary on grounds falling within this subsection
if it is necessary –
(a) in
the interests of national security;
(b) for
the purpose of preventing or detecting crime or of preventing disorder;
(c) in
the interests of the economic well-being of [Jersey];
(d) in
the interests of public safety;
(e) for
the purpose of protecting public health;
(f) for
the purpose of assessing or collecting a tax, duty, levy or other imposition,
contribution or charge payable to a government department; or
(g) for
any purpose (not falling within paragraphs (a) to (f)) that is specified
for the purposes of this subsection by regulations made by the Secretary of
State.
(5) An
interception authority is necessary on grounds falling within this subsection
if it is not necessary on grounds falling within subsection (4)(a) or (c)
to (g) but is necessary for purposes connected with –
(a) the
grant of wireless telegraphy licences;
(b) the
prevention or detection of anything that constitutes interference with wireless
telegraphy; or
(c) the
enforcement of –
(i) any
provision of this Part (other than Chapter 2 and sections 27 to 31) or
Part 3, or
(ii) any
enactment not falling within sub-paragraph (i)
that relates to interference with wireless telegraphy.
(6) The
matters to be taken into account in considering
whether the requirements of subsection (3) are satisfied in the case of the
giving of an interception authority include whether what it is thought
necessary to achieve by the authorised conduct could
reasonably be achieved by other means.
[(7) An
interception authority must be in writing under the hand of the Attorney General
of Jersey.]
(8) An
interception authority may be general or specific and may be given –
(a) to
such person or persons, or description of persons,
(b) for
such period, and
(c) subject
to such restrictions and limitations,
as the designated person thinks fit.
(9) *
*
*
*
*
(10) For
the purposes of this section the question whether a person’s conduct is
capable of being authorised under Chapter 2 of
[Part 2] of the Regulation of Investigatory Powers [(Jersey) Law 2005] or
under [Part 3] of that [Law] is to be determined without
reference –
(a) to
whether the person is someone upon whom a power or duty is or may be conferred
or imposed by or under that Chapter or that Part; or
(b) to
whether there are grounds for believing that the requirements for the grant of
an authorisation or the giving of a notice under that Chapter or that Part are
satisfied.
(11) References
in this section to an interception authority are references to an authority for
the purposes of section 48 given otherwise than by way of the issue or renewal
of a warrant, authorisation or notice under [Part 2
or 3] of the Regulation of Investigatory Powers [(Jersey) Law 2005].
[(12) In this section
“crime” has the meaning given by Article 1(1) of the Regulation of Investigatory Powers
(Jersey) Law 2005.]
Miscellaneous
50 Apparatus
on foreign-registered ships etc
(1) The
Secretary of State may make regulations for regulating the use, on board a
foreign-registered ship or aircraft while it is within the limits of [Jersey
and Jersey’s territorial sea], of wireless telegraphy apparatus on board
the ship or aircraft.
(2) The
regulations may provide –
(a) for
the punishment of persons contravening the regulations by a fine;
(b) for
the forfeiture of any wireless telegraphy apparatus in respect of which an
offence under the regulations is committed.
[(3) Any
Regulations made under subsection (2) above, which specify a penalty for an
offence against those Regulations by reference to a level on the standard
scale, shall have effect in relation to Jersey as if for each such reference
there were substituted a reference to the next lower level in the standard
scale as defined in section 115.]
(4) The
regulations may make different provision for ships or aircraft registered in
different countries.
(5) Except
as provided by this section or in consequence of an Order in Council under
section 119(3), nothing in sections 8 to 11, 35 to 38, 45 to 49, 105 and 119
operates so as to impose any prohibition or
restriction on persons using wireless telegraphy apparatus on board a
foreign-registered ship or aircraft.
(6) A
foreign-registered ship or aircraft is one that –
(a) is
not registered in [Jersey]; and
(b) is
registered in a country other than the United Kingdom, the Isle of Man or [the
Bailiwick of Guernsey].
51 Apparatus
in vehicles
* * * * * * *
52 Wireless
personnel
(1) The
Secretary of State may –
(a) hold
examinations to determine the competence of the persons examined to fill
positions in connection with the operation of wireless telegraphy stations or
wireless telegraphy apparatus;
(b) issue
certificates of competence to persons successful in such examinations.
(2) The
certificates of competence are to be of such types as the Secretary of State
may from time to time determine.
(3) The
Secretary of State may issue written authorities to such persons as he thinks
fit authorising them to fill such positions in
connection with the operation of wireless telegraphy stations or wireless
telegraphy apparatus as may be specified in the authority.
(4) The
positions that may be so specified are positions for the holding of which the
possession of an authority under subsection (3) is a necessity or a
qualification under –
(a) a
wireless telegraphy licence granted under this Act, or
(b) a
licence granted under a corresponding law of a country or territory under the
sovereignty of Her Majesty.
(5) If
it appears to the Secretary of State that there are sufficient grounds to do
so, he may at any time suspend an authority under subsection (3) with a view to
its revocation.
(6) Schedule 3
has effect where an authority is suspended under subsection (5).
(7) The
Secretary of State may charge such fees, if any, as he may
determine –
(a) to
persons applying to take part in an examination under this section;
(b) to
applicants for, or for copies of, a certificate or authority issued under this
section.
53 Surrender
of authority
(1) Where
an authority under section 52(3) has ceased to be in force or has been
suspended, it is the duty of –
(a) the
person to whom the authority was issued, and
(b) any
other person in whose possession or under whose control the authority may be,
to cause it to be surrendered to the Secretary of State if required
by the Secretary of State to do so.
(2) A
person commits an offence if –
(a) he
has a duty under subsection (1) to cause an authority under
section 52(3) to be surrendered to the Secretary of State, and
(b) without
reasonable excuse he fails or refuses to do so.
(3) A
person who commits an offence under subsection (2) is liable
* * * to a fine not
exceeding [level 2] on the standard scale.
PART 3
REGULATION OF APPARATUS
Undue interference
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) *
*
*
*
*
55 Enforcement:
use of apparatus
(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).
56 Enforcement:
sale etc. of apparatus
(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) * *
*
*
*
(5) *
*
*
*
*
58 Contravening
notice under section 55 or 56
(1) A
person commits an offence if –
(a) he
uses apparatus, or causes or permits apparatus to be used, knowing that a
notice under section 55 is in force with respect to it; and
(b) the
use of the apparatus contravenes the notice.
(2) A
person who commits an offence under subsection (1) is liable
* * * –
(a) if
the offence is one that falls within subsection (6), to a fine not exceeding
[level 4] on the standard scale;
(b) otherwise,
to a fine not exceeding [level 2] on the standard scale.
(3) *
*
*
*
*
(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
* * * –
(a) if
the offence is one that falls within subsection (6), to a fine not exceeding
[level 4] on the standard scale;
(b) otherwise,
to a fine not exceeding [level 2] 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.
59 Entry
and search of premises etc.
(1) [The
Bailiff] 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 [Bailiff],
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 [Bailiff] 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 [Bailiff] 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 [Bailiff] 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, [accompanied by a
police officer] –
(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 [Bailiff].
(7) A
[police officer accompanying 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
* * * 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) *
*
*
*
*
60 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 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
* * * to a fine not
exceeding [level 4] on the standard scale.
61 Sections
54 to 60: interpretation
References in sections 54 to 60 to apparatus include references to
any form of electric line.
Restriction orders
* * * * * * *
Deliberate interference
68 Deliberate interference
(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 to imprisonment for
a term not exceeding two years or to a fine, or to both.]
(4) *
*
*
*
*
PART 4
* * * * * * *
PART 5
PROHIBITION OF BROADCASTING FROM SEA OR
AIR
Prohibitions
77 Broadcasting
from ships and aircraft
(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 [Jersey] 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 [Jersey] 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.
78 Broadcasting
from marine structures etc.
(1) This
section applies to –
(a) tidal
waters in [Jersey];
(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 [Jersey], or
(b) to
make a broadcast that causes interference with any wireless telegraphy in
[Jersey],
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 [Jersey].
(5) “Prescribed”
means prescribed for the purposes of this section by an order made by the
Secretary of State.
80 Acts
connected with broadcasting
(1) An
[Island 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).
81 Management
of station
(1) A
person commits an offence if, from anywhere in [Jersey] 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 installs 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.
83 Facilitating
broadcasting from structures etc.
(1) A
person commits an offence if he installs 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.
84 Maintaining
or repairing apparatus
(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.
85 Acts
relating to broadcast material
(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.
86 Facilitation
offences: territorial scope
(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 [Jersey] 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 [Jersey] 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
[an Island person]; and
(b) he
does the act on or over the high seas.
87 Procuring
person to commit offence abroad
A person commits an offence if he procures, in [Jersey], another
person to do, outside [Jersey], anything that would have constituted an offence
under sections 82 to 85 had the other person done it in [Jersey].
Enforcement
88 Enforcement
officers
(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) customs
officers; and
(e) fisheries
officers.]
(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.
89 Enforcement
powers
(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
[Jersey], 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.
90 Enforcement
powers: facilitation offences
(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.
91 Exercise
of powers
(1) Except
as provided in subsections (2) and (3), the powers mentioned in
section 89(4) may be exercised only in tidal waters in [Jersey] 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.
92 Further
provisions
(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.
Penalties and proceedings
[93 Penalties and
proceedings
(1) A
person who commits an offence under this Part is liable to imprisonment for a
term not exceeding two years or to a fine, or to both.
(2) Proceedings
for an offence under this Part may only be instituted by or with the consent of
the Attorney General of Jersey.]
Saving
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.
Interpretation
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 [Jersey] that is within
the seaward limits of [Jersey’s] 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 [Jersey].
[(2) For
the purposes of this Part references to an “Island 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,
who is ordinarily resident in Jersey.]
PART 6
GENERAL
Fixed penalties
96 Fixed
penalties for summary offences
Schedule 4 (which makes provision as respects fixed penalty
notices for certain summary offences) has effect.
Entry, search and seizure
97 Powers
of entry and search
(1) [The
Bailiff] 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 [police officer,
who may be accompanied by] 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) *
*
*
*
*
(5) *
* *
*
*
(6) [A
police officer] 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) *
*
*
*
*
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
* * * to a fine not
exceeding [level 4] on the standard scale.
99 Powers
of seizure
(1) This
section applies to –
[(a) any
offence under this Act punishable by imprisonment, 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 [police officer] 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 [police officer] 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
[police officer] 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 [police officer] apart from this section.
(7) In this
section –
“relevant item” means an item
that –
(a) was
used in connection with an offence to which this section applies; or
(b) is
evidence of the commission of such an offence;
“relevant proceedings”
means –
(a) proceedings
for an offence to which this section applies; or
(b) proceedings
for condemnation under Schedule 6.
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
* * * to a fine not
exceeding [level 4] on the standard scale.
Disposal and forfeiture
101 Detention
and disposal of property
(1) This
section applies to property seized
* * * –
(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.
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.
103 Forfeiture on
conviction
Schedule 5 (which makes provision in relation to forfeiture on
conviction) has effect.
104 Forfeiture
etc. of restricted apparatus
* * * * * * *
Enforcement, proceedings etc.
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.
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.
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 [Jersey’s] 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 [Jersey].
[(2) For
the purposes of enforcement of any provision falling within
subsection (3), a member of the Honorary Police of a parish has in any
area of the sea within the seaward limits of Jersey’s territorial sea all
the powers, protections and privileges which he has in that parish.]
(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) *
*
*
*
*
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 Attorney General of Jersey], or by
OFCOM, for an injunction or for any other appropriate relief.
(3) *
*
*
*
*
109 Civil
proceedings
* * * * * * *
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) *
*
*
*
*
(3) “Director”,
in relation to a body corporate whose affairs are managed by its members, means
a member of the body corporate.
[(4) A
person who aids, abets, counsels or procures the commission of an offence under
this Act shall also be guilty of an offence and liable in the same manner as a
principal offender to the penalty provided for that offence.]
Disclosure of information
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 [the Secretary of State] of any
relevant function;
(c) *
*
*
*
*
(d) *
*
*
*
*
(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 [on behalf of Jersey].
(4) *
*
*
*
*
(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) *
*
*
*
*
(c) *
*
*
*
*
(d) *
*
*
*
*
(e) *
*
*
*
*
(f) the
Telecommunications Act
1984 (c. 12);
(g) *
*
*
*
*
(h) the Broadcasting Act 1990 (c. 42);
(i) the
Broadcasting Act 1996 (c. 55);
(j) *
*
*
*
*
(k) *
*
*
*
*
(l) the
Communications Act 2003 (c. 21);
(m) *
*
*
*
*
(n) *
*
*
*
*
(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) *
*
*
*
*
(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 to imprisonment
for a term not exceeding two years or to a fine, or to both.]
(11) * *
*
*
*
(12) In this section –
*
*
*
*
*
“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;
*
*
*
*
*
Notifications etc. and electronic working
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 [Article 7 of the Interpretation (Jersey)
Law 1954] 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 [Jersey],
(b) a
firm carrying on business outside [Jersey], or
(c) an
unincorporated body or association with offices outside [Jersey],
the references in subsection (6) to its principal office
include references to its principal office within [Jersey] (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.
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.
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.
Interpretation
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;
[“customs officer” means the Agent of the Impôts and a person appointed as a customs officer
under Article 14 of the Customs
and Excise (Jersey) Law 1999;]
[“electric line” means any line which is used for
carrying electricity for any purpose and includes, unless the context otherwise
requires –
(a) any
support for such line, that is to say any structure, pole or other thing in,
on, by or from which any such line is or may be supported, carried or suspended;
(b) any
apparatus connected to any such line for the purpose of carrying electricity;
and
(c) any
wire, cable, tube, pipe or other similar thing (including its case or coating)
which surrounds or supports or is supported, carried or suspended in
association with, any such line;]
“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” means a sound recording on any medium from which
a moving image may by any means be produced;]
[“fisheries officer” means a person appointed as a
fisheries officer under Article 15 of the Sea Fisheries (Jersey) Law 1994 or
deemed under that Article to be a fisheries officer;]
“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 [on behalf of Jersey]” includes
* * * any obligation
which will or may arise under any international agreement or arrangements to
which the United Kingdom [on behalf of Jersey] is party;
[“Island person” has the meaning
given by section 95(2);]
[“Jersey” means the Bailiwick of
Jersey and the territorial sea adjacent thereto;]
[“Jersey’s territorial sea”
means the territorial sea adjacent to Jersey;]
“literary, dramatic or musical
work” has the same meaning as in Part 1 of the Copyright, Designs and Patents Act 1988;
[“the Minister” means the Minister for Economic
Development;]
“modification” includes omissions,
alterations and additions, and cognate expressions are to be construed accordingly;
“OFCOM” means the Office of Communications;
[“Police officer” means a member of the Honorary Police
or a member of the States of Jersey Police Force;]
“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);
“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;
[“Standard scale” means the
standard scale of fines for the time being in the Schedule to the Criminal Justice
(Standard Scale of Fines) (Jersey) Law 1993;]
“supply”, in relation to any item, is to be construed in
accordance with subsection (6);
*
*
*
*
*
“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) *
*
*
*
*
(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.
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) *
*
*
*
*
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.
Extent and application
118 Extent
(1) *
*
*
*
*
(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) *
*
*
*
*
(4) *
*
*
*
*
(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) section
15(6) of the Wireless Telegraphy Act
1967 (c. 72),
(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.
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, [Jersey or
Jersey’s 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
[Jersey] but is not for the time being in or over [Jersey or Jersey’s
territorial sea]; and
(c) subject
to any limitations that the Secretary of State may by regulations determine,
all apparatus not itself in or over [Jersey or Jersey’s territorial sea]
but released –
(i) from
within [Jersey or Jersey’s territorial sea], or
[(ii) for a
ship that is a British ship or an aircraft registered
in the United Kingdom.]
(2) The
provisions are –
(a) sections
8 to 11, 35 to 38, 45 to 49, 55 to 58 and 68; and
(b) regulations
under section 54.
(3) *
*
*
*
*
(4) *
*
*
*
*
120 Territorial
sea and other waters
* * * * * * *
Supplemental
121 Orders and
regulations made by Secretary of State
(1) *
*
*
*
*
(2) *
*
*
*
*
(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.
[(4) Any
statutory instrument made by the Secretary of State pursuant to this Act shall
not have effect in Jersey until it is registered in the Royal Court of Jersey
and where any such statutory instrument is so registered, it shall have effect
on the day following the day of such registration or on the day specified in
the instrument for its coming into force, whichever is the later.]
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) *
*
*
*
*
(3) *
*
*
*
*
(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 one month 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.
[(8) Any
statutory instrument made by OFCOM pursuant to this Act shall not have effect
in Jersey until it is registered in the Royal Court of Jersey and where any
such statutory instrument is so registered, it shall have effect on the day
following the day of such registration or on the day specified in the
instrument for its coming into force, whichever is the later.]
123 Consequential
amendments
* * * * * * *
124 Transitional
provisions, savings and transitory modifications
Schedule 8 (transitional provisions, savings and transitory
modifications) has effect.
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.
126 Short title
and commencement
(1) This
Act may be cited as the Wireless Telegraphy Act 2006.
(2) *
*
*
*
*
S C H E D U L E S
SCHEDULE 1
Section 10
PROCEDURE FOR WIRELESS TELEGRAPHY
LICENCES
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.
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 one month 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.
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 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 term, provision or
limitation of the licence, complying with that term, provision or limitation.
(3) Subject
to sub-paragraphs (4) to (6), the period for doing those things must be
the period of one month 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 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) A
contravention of a term, provision or limitation of a licence
is a repeated contravention, in relation to a proposal to revoke or vary a licence, 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 another contravention of a term,
provision or limitation of the same licence; 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 vary the licence in
accordance with their proposal, or in accordance with that proposal but with
modifications; and
(b) give
the person holding the licence 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 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.
(13) The
reference in sub-paragraph (9) to a contravention of a term, provision or
limitation of the same licence includes a reference
to a contravention of a term, provision or limitation contained in a previous licence of which the licence in
question is a direct or indirect renewal.
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.
SCHEDULE 2
Section 19
PROCEDURE FOR GRANTS OF RECOGNISED
SPECTRUM ACCESS
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 one 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 one month 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 [on behalf of Jersey].
(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 [on behalf of Jersey].
(5) “Enactment”
has the same meaning as in the Communications Act 2003
(c. 21).
SCHEDULE 3
Section 52
SUSPENSION AND REVOCATION OF AUTHORITIES
ISSUED TO WIRELESS PERSONNEL
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.
SCHEDULE 4
* * * * * * *
SCHEDULE 5
Section 103
FORFEITURE ON CONVICTION
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 [the Treasurer of the States of
Jersey] 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) *
*
*
*
*
(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) *
*
*
*
*
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 retained, disposed of or
dealt with by the Treasurer of the States of Jersey in such manner as he may
think fit.]
Delivery to [the Treasurer of the States
of Jersey]
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
[the Treasurer of the States of Jersey] 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 [the Treasurer of the States of Jersey] 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 *
*
*
*
*
Provisions as to deprivation of property
disapplied
7 *
*
*
*
*
SCHEDULE 6
* * * * * * *
SCHEDULE 7
Section 123
CONSEQUENTIAL AMENDMENTS
Defamation Act (Northern Ireland) 1955
(c. 11 (N.I.))
1 *
*
*
*
*
Wireless Telegraphy Act 1967 (c. 72)
2 *
*
* *
*
Theatres Act 1968 (c. 54)
3 *
*
*
*
*
Port of London Act 1968 (c. xxxii)
4 *
*
*
*
*
Local Government Act 1972 (c. 70)
5 *
*
*
*
*
Thames Barrier and Flood Prevention Act
1972 (c. xlv)
6 *
*
*
*
*
Road Traffic (Driver Licensing and
Information Systems) Act 1989 (c. 22)
7 *
*
*
*
*
Police and Criminal Evidence (Northern
Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
8 *
*
*
*
*
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 *
*
*
*
*
Criminal Procedure (Scotland) Act 1995
(c. 46)
16 *
*
*
*
*
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 *
*
*
*
*
Terrorism Act 2000 (c. 11)
20 *
*
*
*
*
Regulation of Investigatory Powers Act
2000 (c. 23)
21 *
*
*
*
*
22 *
*
*
*
*
23 *
*
*
*
*
24 *
*
*
*
*
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 (l) insert –
“(la) 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 *
*
*
*
*
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 *
*
*
*
*
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 *
*
*
*
*
Commissioners for Revenue and Customs Act
2005 (c. 11)
38 *
*
*
*
*
SCHEDULE 8
Section 124
TRANSITIONAL PROVISIONS, SAVINGS AND
TRANSITORY MODIFICATIONS
PART 1
TRANSITIONAL PROVISIONS AND SAVINGS
General provisions
1 The
substitution of provisions of this Act for provisions repealed or revoked by it
does not affect the continuity of the law.
2 Anything
done, or having effect as if done, under or for the purposes of a provision
repealed by this Act (including subordinate legislation so made or having
effect as if so made), and in force or effective immediately before the
commencement of this Act, has effect after that commencement as if done under
or for the purposes of the corresponding provision of this Act.
3 A
reference (express or implied) in this Act or another enactment, or in an
instrument or document, to a provision of this Act is (so far as the context
permits) to be read as (according to the context) being or including a
reference to the corresponding provision repealed by this Act, in relation to
times, circumstances or purposes in relation to which the repealed provision
had effect.
4(1) A
reference (express or implied) in an enactment, or in an instrument or
document, to a provision repealed by this Act is (so far as the context
permits) to be read as (according to the context) being or including a
reference to the corresponding provision of this Act, in relation to times,
circumstances and purposes in relation to which that corresponding provision
has effect.
(2) In
particular, where a power conferred by an Act is expressed to be
exercisable in relation to enactments contained in Acts passed before or in the
same Session as the Act conferring the power, the power is also exercisable in
relation to provisions of this Act that reproduce such enactments.
5 *
*
*
*
*
6 Paragraphs
2 and 4(1) do not apply to an Order in Council to which paragraph 24(1)
applies.
General rule for old savings
7(1) The
repeal by this Act of an enactment previously repealed subject to savings does
not affect the continued operation of those savings.
(2) The
repeal by this Act of a saving on the previous repeal of an enactment does not
affect the saving in so far as it remains capable of having effect.
Use of existing forms etc.
8 A
reference to an enactment repealed by this Act which is contained in a document
made, served or issued on or after the commencement of that repeal is to be
read, except so far as a contrary intention appears, as referring or, as the
context may require, including a reference to the corresponding provision of
this Act.
Regulatory Reform Act 2001 (c. 6)
9 *
*
*
*
*
Contracted-out functions under section 1
of the Wireless Telegraphy Act 1949
10 *
*
*
*
*
Wireless telegraphy licences granted
before 18th June 1998
11(1) This
paragraph has effect in relation to wireless telegraphy licences
granted before 18th June 1998 (the date on which section 1 of the Wireless Telegraphy Act
1998 (c. 6) came into force).
(2) Where
this paragraph has effect, section 12 is the provision of this Act which,
for the purposes of paragraph 4(1) of this Schedule, corresponds to
section 2(1) of the Wireless Telegraphy Act 1949
(c. 54).
Procedures treated as prescribed by
regulations made by OFCOM
12(1) Sub-paragraph (2)
applies where, immediately before the commencement of this Act, procedures have
effect, by virtue of paragraph
* * * 21(2) of Schedule 18
to the Communications
Act 2003 (c. 21), as if prescribed by OFCOM by
regulations under –
(a) section
1D(3) of the Wireless
Telegraphy Act 1949, or
(b) section
3 of the Wireless Telegraphy Act
1998.
(2) In
relation to times after the commencement of this Act, the procedures are to
have effect as if prescribed by OFCOM by regulations under –
(a) paragraph
1 of Schedule 1, or
(b) section
14.
(3) A
notice under –
(a) section
1D of the Wireless Telegraphy Act
1949, or
(b) regulations
under section 3 of the Wireless Telegraphy Act
1998,
which is in force immediately before the commencement of this Act
and, by virtue of paragraph
* * * 21 of Schedule 18,
has effect as if it authorised or required a thing to be done by or in relation
to OFCOM shall, so long as it remains in force, continue to have that effect by
virtue of this paragraph.
Tribunal established under section 9 of
the Wireless Telegraphy Act 1949
13 The
repeal by this Act of sections 11 and 12 of the Wireless Telegraphy Act
1949 does not affect the continued operation of
section 11 or 12 (without the amendments made in those sections by
section 178 of the Communications Act 2003) in relation to a notice
under section 11(1) or (2) or section 12(1) that is served before
25th July 2003.
References to Postmaster General etc.
14 The
repeal by this Act of part of section 3(1)(ii) of the Post Office Act 1969
(c. 48) is not to affect the continued operation of section 3(1)(ii)
in relation to a provision of regulations or a licence
where the regulations were made or the licence was
granted under the Wireless Telegraphy Act 1949 before
1st October 1969 (the day on which functions of the Postmaster General were
transferred to the Minister).
Procedure for prosecutions
15(1) This
paragraph has effect in relation to prosecutions to which section 41 of this
Act applies.
(2) The
restrictions on the bringing of proceedings which are imposed by
section 41(2) and (3) do not have effect in relation to proceedings
started before 25th July 2003 (the date on which section 174 of the Communications Act 2003
(c. 21) came into force).
Penalties for certain offences triable
either way
16 *
*
*
*
*
Penalties for offences: unauthorised use
of wireless telegraphy station etc.
17 *
*
*
*
*
18 *
*
*
*
*
Penalties for offences: contravening
notice under section 55 or 56
19 *
*
*
*
*
Fixed penalties for wireless telegraphy
offences
20 *
*
*
*
*
Powers of seizure
21 *
*
*
*
*
Forfeiture etc. of restricted apparatus
22 *
*
*
*
*
Appeals of wireless telegraphy decisions
23 The
repeals made by this Act do not affect the continued operation of
paragraph 23(2) of Schedule 18 to the Communications Act 2003 as
regards decisions against which an appeal could have been brought under
section 1F of the Wireless Telegraphy Act 1949
(c. 54).
Orders in Council: section 118
24(1) An
Order in Council made under a provision that is repealed by this Act and
re-enacted in section 118(3) continues to have effect despite the repeal
of that provision.
(2) An
Order in Council made under section 118(3) may amend or revoke an Order in
Council continued in effect by sub-paragraph (1).
Orders in Council: continental shelf
25 *
*
*
*
*
PART 2
TRANSITORY MODIFICATIONS
Justice (Northern Ireland) Act 2002 (c.
26)
26 *
*
*
*
*
Communications Act 2003 (c. 21)
27(1) This
paragraph applies if –
(a) section
180 of the Communications Act 2003, and
(b) Schedule 6
to that Act,
have not come into force before the commencement of this Act.
(2) Until
the relevant commencement date, this Act has effect with the omission
of –
(a) section
96, and
(b) Schedule 4.
(3) The
relevant commencement date is –
(a) if an
order has been made before the commencement of this Act appointing a day after
that commencement as the day for the coming into force of the provisions
mentioned in sub-paragraph (1), the day so appointed;
(b) otherwise,
such day as the Secretary of State may by order appoint.
Power to make transitional provision
28 * *
*
*
*
Saving for old transitional provisions
29 *
*
*
*
*
SCHEDULE 9
Section 125
REPEALS AND REVOCATIONS
PART 1
REPEALS
|
Short title and chapter
|
Extent of repeal
|
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Wireless Telegraphy Act 1949 (c. 54)
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The whole Act.
|
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Marine, &c., Broadcasting (Offences) Act 1967 (c. 41)
|
The whole Act.
|
|
Wireless Telegraphy Act 1967 (c. 72)
|
Sections
7 to 12.
In section 13(4) the words from “, and” to the end.
In section 15 –
(a) subsections (2) and (3),
and
(b) in subsection (6) the
words “, except
for
section 7 of this Act,”.
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Telecommunications Act 1984 (c. 12)
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Part 6.
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Broadcasting
Act 1990 (c. 42)
|
Sections
168 to 174.
Section 180(1).
Schedule 16.
In Schedule 18, in Part 1, paragraphs 1 and 3.
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Communications Act 2003 (c. 21)
|
Sections 152 to 184.
In section 393 –
(a) subsection (1)(b), and
(b) subsection (5)(a), (b)
and (l).
Section 394(2)(c).
Section 402(2)(b).
Section 404(4)(b) and (c) and (5).
In section 407(1) –
(a) paragraph (a), and
(b) in paragraph (c) the
words “(a) or”.
In Schedule 1, paragraphs 1 and 2.
Schedules 5 to 7.
In Schedule 8, paragraphs 13 to 36.
In Schedule 17 –
(a) paragraphs 6 to 18,
(b) paragraphs 32 to 38,
(c) paragraphs 64 to 69,
(d) paragraph 72(2), and
(e) paragraphs 145 to 151.
In Schedule 18 –
(a) paragraph 6,
(b) paragraphs 20 and 21,
(c) in paragraph 23,
sub-paragraph
(1)(c)(i), in sub-paragraph (2) the
words
“(or that Act of 1949)” and in
sub-paragraph
(3) the words
“section 1F
of that Act of 1949 or”,
(d) paragraph 55, and
(e) paragraph 63.
In Schedule 19, Notes 1 and 3.
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PART 2
REVOCATIONS
* * * * * * *