Wireless Telegraphy Act 2006 (c. 36)

(The document as of February, 2008)

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(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 the United Kingdom or in external waters.

(2) The powers may in addition--

(a) in the case of a suspected offence under this Part committed in a British-registered ship while it is on the high seas, be exercised in relation to the ship on the high seas;

(b) in the case of a suspected offence under section 78 committed on a structure or other object within waters in a designated area, be exercised in relation to the structure or other object within those waters;

(c) in the case of a suspected offence under section 79 committed in a ship within an area of the high seas prescribed for the purposes of that section, be exercised in relation to the ship within that area of the high seas.

(3) Subsection (2) does not apply so far as the powers are exercisable by virtue of a written authorisation issued by OFCOM.

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--

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(2) In the application of subsection (1) to Scotland or Northern Ireland the reference to 12 months is to be read as a reference to six months.

(3) Proceedings in England and Wales for an offence under this Part may be brought only--

(a) by OFCOM; or

(b) by or with the consent of the Secretary of State or the Director of Public Prosecutions.

(4) Proceedings in Northern Ireland for an offence under this Part may be brought only--

(a) by OFCOM; or

(b) by or with the consent of the Secretary of State or the Advocate General for Northern Ireland.

(5) Summary proceedings in Scotland for an offence under this Part may be commenced at any time within the period of two years beginning with the day after the commission of the offence.

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 the United Kingdom that is within the seaward limits of UK territorial sea;
"the high seas" means seas that are not within the seaward limits of UK territorial sea or of the territorial waters adjacent to a country or territory outside the United Kingdom.

(2) For the purposes of this Part references to a "British person" are references to--

(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

(b) a person who under the British Nationality Act 1981 (c. 61) is a British subject; or

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) A justice of the peace may grant a search warrant under this section if he is satisfied by information on oath that--

(a) there is reasonable ground for suspecting that an offence under this Act, other than an offence under Part 4 or section 111, has been or is being committed; and

(b) evidence of the commission of the offence is to be found on premises specified in the information, or in a vehicle, ship or aircraft so specified.

(2) A search warrant under this section is a warrant empowering a constable or any person or persons authorised for the purpose by OFCOM or the Secretary of State--

(a) to enter, at any time within the relevant period, the premises specified in the information or (as the case may be) the vehicle, ship or aircraft so specified and any premises on which it may be;

(b) to search the premises, vehicle, ship or aircraft;

(3) In subsection (2) "the relevant period" means the period of three months beginning with the day after the date of the warrant.

(4) In the application of subsection (3) to Scotland or Northern Ireland the reference to three months is to be read as a reference to one month.

(5) Where a person authorised by OFCOM or the Secretary of State is empowered by a search warrant under this section to enter any premises, he is to be entitled to exercise that warrant alone or to exercise it accompanied by one or more constables.

(6) A person authorised by OFCOM or the Secretary of State to exercise a power conferred by this section may if necessary use reasonable force in the exercise of the power.

(7) Subsection (6) does not affect any power exercisable apart from that subsection by a person so authorised.

(8) Where under this section a person has a right to examine and test apparatus on premises or in a ship, aircraft or vehicle, any person who--

(a) is on the premises, or

(b) is in charge of, or in or in attendance on, the ship, aircraft or vehicle,

must give him whatever assistance he may reasonably require in the examination or testing of the apparatus.

(9) In this section--

(a) a reference to a justice of the peace is to be read, in Scotland, as a reference to a sheriff and, in Northern Ireland, as a reference to a lay magistrate;

(b) a reference to information on oath is to be read, in Northern Ireland, as a reference to complaint on oath.

98 Obstruction and failure to assist

(1) A person commits an offence if--

(a) he intentionally obstructs a person in the exercise of the powers conferred on him under section 97; or

(b) he fails or refuses, without reasonable excuse, to give to such a person any assistance which, under that section, he is under a duty to give to him.

(2) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

99 Powers of seizure

(1) This section applies to--

(a) an indictable offence under this Act, other than an offence under section 111;

(b) an offence under section 35, other than one consisting in the installation or use of receiving apparatus;

(c) an offence under section 36, other than one where the relevant contravention of section 8 would constitute an offence consisting in the use of receiving apparatus;

(d) an offence under section 48;

(e) an offence under section 66.

(2) Where--

(a) a search warrant is granted under section 97, and

(b) the suspected offence (or any of the suspected offences) is an offence to which this section applies,

the warrant may authorise a person authorised by OFCOM to exercise the power conferred by this subsection to seize and detain, for the purposes of any relevant proceedings, any apparatus or other thing found in the course of the search carried out in pursuance of the warrant that appears to him to be a relevant item.

(3) If a constable or a person authorised by OFCOM to exercise the power conferred by this subsection has reasonable grounds to suspect that an offence to which this section applies has been or is being committed, he may seize and detain, for the purposes of any relevant proceedings, any apparatus or other thing that appears to him to be a relevant item.

(4) A person authorised by OFCOM to exercise a power conferred by this section may if necessary use reasonable force in the exercise of the power.

(5) Subsection (4) does not affect any power exercisable by the person so authorised apart from that subsection.

(6) Nothing in this section affects any power to seize or detain property that is exercisable by a constable apart from this section.

(7) In this section--

"relevant item" means an item that--
(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 on summary conviction to a fine not exceeding level 5 on the standard scale.

Disposal and forfeiture

101 Detention and disposal of property

(1) This section applies to property seized by a person authorised by OFCOM--

(a) in pursuance of a warrant under section 97; or

(b) in the exercise of the power conferred by section 99(3).

(2) The property may be detained--

(a) until the end of the period of six months beginning with the date of seizure; or

(b) if proceedings for an offence to which section 99 applies involving that property or proceedings under Schedule 6 for condemnation of that property as forfeited are instituted within that period, until the conclusion of those proceedings.

(3) Subsections (4) to (6) apply in the case of property so detained which, after the end of the period authorised by subsection (2)--

(a) remains in the possession of OFCOM; and

(b) has not been ordered to be forfeited under Schedule 5 or condemned as forfeited under Schedule 6.

(4) OFCOM must take reasonable steps to deliver the property to the person who appears to them to be its owner.

(5) 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

(1) Apparatus to which this section applies is liable to forfeiture if, immediately before being seized, it was in a person's custody or control in contravention of section 62(5).

(2) This section applies to apparatus if it has been seized--

(a) in pursuance of a warrant granted under section 97; or

(b) in the exercise of the power conferred by section 99(3).

(3) Apparatus forfeited under this section is to be forfeited to OFCOM and may be disposed of by them in any manner they think fit.

(4) Schedule 6 (which makes provision in relation to the seizure and forfeiture of apparatus) has effect.

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 UK territorial sea, or

(b) an offence under Part 5,

may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

(2) For the purpose of the enforcement of any provision falling within subsection (3), a member of a police force has in any area of the sea within the seaward limits of UK territorial sea all the powers, protection and privileges which he has in the area for which he acts as constable.

(3) The provisions are--

(a) sections 8 to 11, 32 to 38 and 45 to 53;

(b) Part 3;

(d) sections 97 to 100, 103, 105 and 106 and Schedule 5.

(4) In the application of this section to Northern Ireland, subsection (2) has effect with the substitution--

(a) for the words "a police force" of the words "the Police Service of Northern Ireland", and

(b) for the words "the area for which he acts as constable" of the words "Northern Ireland".

108 Civil proceedings

(1) Where the doing of a thing is rendered unlawful by Part 2 or 3, and it is also an offence under this Act, the fact that it is such an offence does not limit a person's right to bring civil proceedings in respect of the doing or apprehended doing of that thing.

(2) Without prejudice to the generality of subsection (1), compliance with a provision of Part 2 or 3 contravention of which is an offence under this Act is enforceable in civil proceedings by the Crown, or by OFCOM, for an injunction or for any other appropriate relief.

(3) In the application of this section to Scotland, subsection (2) has effect as if for the words from "civil proceedings" to the end there were substituted "civil proceedings by the Advocate General for Scotland, or by OFCOM, for an interdict or for any other appropriate relief or remedy".

109 Fines in Scotland

(1) Fines imposed in respect of offences falling within subsection (2) are to be paid into the Consolidated Fund.

(2) The offences are offences committed in Scotland under--

(a) Part 2;

(b) Part 3;

(d) section 100;

(e) paragraph 5 of Schedule 5.

110 Criminal liability of company directors etc

(1) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of--

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) a person who was purporting to act in any such capacity,

he (as well as the body corporate) is guilty of that offence and is liable to be proceeded against and punished accordingly.

(2) Where an offence under this Act--

(a) is committed by a Scottish firm, and

(b) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of a partner of the firm,

he (as well as the firm) is guilty of that offence and is liable to be proceeded against and punished accordingly.

(3) "Director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

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 any relevant person of any relevant function;

(d) for any of the purposes specified in section 17(2)(a) to (d) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (criminal proceedings and investigations);

(e) for the purpose of any civil proceedings brought under or because of this Act or any of the enactments or instruments mentioned in subsection (6); or

(f) for the purpose of securing compliance with an international obligation of the United Kingdom.

(4) The following are relevant persons--

(a) a Minister of the Crown and the Treasury;

(b) the Scottish Executive;

(d) the Office of Fair Trading;

(e) the Competition Commission;

(f) the Consumer Panel;

(g) the Welsh Authority;

(h) a local weights and measures authority in Great Britain;

(i) any other person specified for the purposes of this subsection in an order made by the Secretary of State.

(5) The following are relevant functions--

(a) any function conferred by or under this Act;

(b) any function conferred by or under any enactment or instrument mentioned in subsection (6);

(6) The enactments and instruments referred to in subsections (3) and (5) are--

(a) the Wireless Telegraphy Act 1967 (c. 72);

(b) the Trade Descriptions Act 1968 (c. 29);

(d) the Consumer Credit Act 1974 (c. 39);

(e) the Competition Act 1980 (c. 21);

(f) the Telecommunications Act 1984 (c. 12);

(g) the Consumer Protection Act 1987 (c. 43);

(h) the Broadcasting Act 1990 (c. 42);

(i) the Broadcasting Act 1996 (c. 55);

(j) the Competition Act 1998 (c. 41);

(k) the Enterprise Act 2002 (c. 40);

(l) the Communications Act 2003 (c. 21);

(m) the Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20));

(n) the Control of Misleading Advertisements Regulations 1988 (S.I. 1988/915).

(7) Nothing in this section--

(a) limits the matters that may be published under section 15, 26 or 390 of the Communications Act 2003;

(b) limits the matters that may be included in, or made public as part of, a report made by OFCOM because of a provision of the Office of Communications Act 2002 (c. 11) or the Communications Act 2003;

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