Wireless Telegraphy Act 2006 (c. 36)

(The document as of February, 2008)

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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.

Section 19

SCHEDULE 2 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;

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

(7) A case is urgent if the failure to revoke or modify the grant will result in, or create an immediate risk of--

(a) a serious threat to the safety of the public, to public health or to national security; or

(b) serious economic or operational problems for persons, other than the person in contravention, who--

(i) use wireless telegraphy stations or wireless telegraphy apparatus; or

(ii) are communications providers or make associated facilities available.

(8) A contravention of a restriction or condition of a grant of recognised spectrum access is a repeated contravention, in relation to a proposal to revoke or modify the grant, if it falls within sub-paragraph (9).

(9) A contravention falls within this sub-paragraph if--

(a) a previous notification under sub-paragraph (1) has been given in respect of the same contravention or in respect of any other contravention of a restriction or condition of the same grant; and

(b) the subsequent notification under that sub-paragraph is given no more than 12 months after the day of the making by OFCOM of a determination for the purposes of sub-paragraph (10) that the contravention to which the previous notification related did occur.

(10) Where OFCOM have given a notification under sub-paragraph (1), they must, within the period of one month beginning with the end of the period for the making of representations about the proposal contained in that notification--

(a) decide whether or not to revoke or modify the grant of recognised spectrum access in accordance with their proposal, or in accordance with that proposal but with modifications; and

(b) give the holder of the grant a notification of their decision.

(11) The notification under sub-paragraph (10)--

(a) must be given no more than one week after the making of the decision to which it relates; and

(b) must, in accordance with that decision, either revoke or modify the grant or withdraw the proposal for revocation or modification.

(12) Nothing in this paragraph is to apply to--

(a) a revocation or modification to be made at the request or with the consent of the holder of the grant; or

(b) a revocation or modification that appears to OFCOM to be necessary or expedient for the purpose of securing compliance with an international obligation of the United Kingdom.

(13) The reference in sub-paragraph (9) to a contravention of a restriction or condition of the same grant includes a reference to a contravention of a restriction or condition contained in any previous grant of which the grant in question is a direct or indirect renewal.

Restriction on powers of revocation and modification

7 (1) The conditions that OFCOM may include in a grant of recognised spectrum access include conditions restricting the exercise by them of their power to revoke or modify the grant.

(2) Those conditions include, in particular, conditions providing that the grant may not be revoked or modified except--

(a) with the consent of the holder of the grant; or

(b) in such other circumstances and on such grounds as may be specified in the conditions.

(3) The circumstances or grounds may relate to matters relevant for the purposes of any enactment, whether relating to wireless telegraphy or not (and may, in particular, be made dependent on the exercise of a statutory discretion under any enactment).

(4) Nothing in a condition included in a grant of recognised spectrum access restricts the power of OFCOM to revoke or modify a grant of recognised spectrum access, if it appears to OFCOM to be necessary or appropriate to do so--

(a) in the interests of national security;

(b) in the interests of the safety of the public or public health; or

(5) "Enactment" has the same meaning as in the Communications Act 2003 (c. 21).

Section 52

SCHEDULE 3 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

(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.

Section 96

SCHEDULE 4 Fixed penalties

Offences to which this Schedule applies

1 (1) This Schedule applies to an offence under this Act (other than Part 4) which is a summary offence.

(2) Such an offence is referred to in this Schedule as a "relevant offence".

Fixed penalties and fixed penalty notices

2 (1) The fixed penalty for a relevant offence is such amount as may be prescribed in relation to that offence by regulations made by the Secretary of State.

(2) The amount prescribed by regulations under sub-paragraph (1) is not to be more than 25 per cent. of the maximum fine on summary conviction for the offence in question.

(3) In this Schedule "fixed penalty notice" means a notice offering the opportunity of the discharge of any liability to conviction of the offence to which the notice relates by payment of a fixed penalty in accordance with this Schedule.

Issuing of fixed penalty notice

3 (1) If OFCOM have reason to believe that a person has committed a relevant offence, they may send a fixed penalty notice to that person.

(2) If a procurator fiscal receives a report that a person has committed a relevant offence in Scotland, he also has power to send a fixed penalty notice to that person.

(3) If an authorised person has, on any occasion, reason to believe that a person--

(a) is committing a relevant offence, or

(b) has on that occasion committed a relevant offence,

he may hand that person a fixed penalty notice.

(4) "Authorised person" means a person authorised by OFCOM, for the purposes of sub-paragraph (3), to issue fixed penalty notices on OFCOM's behalf.

(5) References in this Schedule to the person by whom a fixed penalty notice is issued, in relation to a notice handed to a person in accordance with sub-paragraph (3), are references to OFCOM.

Content of fixed penalty notice

4 (1) A fixed penalty notice must--

(a) state the alleged offence;

(b) give such particulars of the circumstances alleged to constitute that offence as are necessary for giving reasonable information about it;

(d) specify the relevant officer to whom the fixed penalty may be paid and the address at which it may be paid;

(e) state that proceedings against the person to whom it is issued cannot be commenced in respect of the offence until the end of the suspended enforcement period;

(f) state that such proceedings cannot be commenced if the penalty is paid within the suspended enforcement period;

(g) inform the person to whom it is issued of his right to ask to be tried for the alleged offence; and

(h) explain how that right may be exercised and the effect of exercising it.

(2) The suspended enforcement period for the purposes of this Schedule is--

(a) the period of one month beginning with the day after that on which the fixed penalty notice was issued; or

(b) such longer period as may be specified in the notice.

Withdrawal of fixed penalty notice

5 If it appears to a person who has issued a fixed penalty notice that it was wrongly issued--

(a) he may withdraw the notice by a further notice to the person to whom it was issued; and

(b) if he does so, the relevant officer must repay any amount paid in respect of the penalty.

Notification to person to whom payment is to be made

6 A person who issues (or withdraws) a fixed penalty notice must send a copy of the notice (or of the notice of withdrawal) to the relevant officer specified in the notice being issued (or withdrawn).

Effect of fixed penalty notice

7 (1) This paragraph applies if a fixed penalty notice is issued to a person ("the alleged offender").

(2) Proceedings for the offence to which the notice relates cannot be brought against the alleged offender until the person who issued the notice has been notified by the relevant officer specified in the notice that payment of the fixed penalty has not been made within the suspended enforcement period.

(3) If the alleged offender asks to be tried for the alleged offence--

(a) sub-paragraph (2) does not apply; and

(b) proceedings may be brought against him.

(4) Such a request must be made by a notice given by the alleged offender--

(a) in the manner specified in the fixed penalty notice; and

(b) before the end of the suspended enforcement period.

(5) A request made in accordance with sub-paragraph (3) is referred to in this Schedule as a "request to be tried".

Payment of fixed penalty

8 (1) If the alleged offender decides to pay the fixed penalty, he must pay it to the relevant officer specified in the notice.

(2) Payment of the penalty may be made by properly addressing, pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise).

(3) Sub-paragraph (4) applies if a person--

(a) claims to have made payment by that method; and

(b) shows that his letter was posted.

(4) Unless the contrary is proved, payment is to be regarded as made at the time at which the letter would be delivered in the ordinary course of post.

(5) Sub-paragraph (2) does not prevent the payment of a penalty by other means.

(6) A letter is properly addressed for the purposes of sub-paragraph (2) if it is addressed in accordance with the requirements specified in the fixed penalty notice.

Effect of payment

9 If the fixed penalty specified in a fixed penalty notice is paid within the period specified in that notice, no proceedings for the offence to which that notice relates may be brought against the alleged offender.

Service of statement and proof of service

10 (1) This paragraph applies to proceedings for a relevant offence.

(2) A certificate by OFCOM--

(a) that a copy of a statement by a person authorised by OFCOM was included in, or given with, a fixed penalty notice,

(b) that the notice was a notice with respect to the relevant offence, and

is evidence that a copy of the statement was served on the alleged offender by delivery to him on that date.

(3) The statement is to be treated as properly served for the purposes of--

(a) section 9 of the Criminal Justice Act 1967 (c. 80) (proof by written statement), and

(b) section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28 (N.I.)) (corresponding provision for Northern Ireland),

even though the manner of service is not authorised by subsection (8) of either of those sections.

(4) Sub-paragraphs (5) and (6) apply to any proceedings in which service of a statement is proved by a certificate under this paragraph.

(5) For the purposes of--

(a) section 9(2)(c) of the Criminal Justice Act 1967 (copy of statement to be tendered in evidence to be served before hearing on other parties to the proceedings by or on behalf of the party proposing to tender it), and

(b) section 1(2)(c) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (corresponding provision for Northern Ireland),

service of the statement is to be taken to have been effected by or on behalf of the prosecutor.

(6) If the alleged offender makes a request to be tried--

(a) section 9(2)(d) of the Criminal Justice Act 1967 (time for objection), and

(b) section 1(2)(d) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (corresponding provision for Northern Ireland),

are to apply with the substitution, for the reference to seven days from the service of the copy of the statement, of a reference to seven days beginning with the day after the one on which the request to be tried was made.

(7) This paragraph does not extend to Scotland.

Certificate about payment

11 In any proceedings, a certificate--

(a) that payment of a fixed penalty was, or was not, received by the relevant officer specified in the fixed penalty notice by a date specified in the certificate, or

(b) that a letter containing an amount sent by post in payment of a fixed penalty was marked as posted on a date specified in the certificate,

is evidence (and in Scotland sufficient evidence) of the facts stated, if the certificate purports to be signed by that officer.

Regulations

12 The Secretary of State may by regulations make provision as to any matter incidental to the operation of this Schedule, and in particular--

(a) for prescribing any information or further information to be provided in a notice, notification, certificate or receipt;

(b) for prescribing the duties of relevant officers and the information to be supplied to and by them.

Interpretation

13 In this Schedule "relevant officer" means--

(a) in relation to England and Wales, the designated officer for the magistrates' court;

(b) in relation to Scotland, the clerk of court; and

Section 103

SCHEDULE 5 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 OFCOM such of the things mentioned in sub-paragraph (2) as the court considers appropriate.

(2) The things are--

(a) any vehicle, ship or aircraft, or any structure or other object, that was used in connection with the commission of the offence;

(b) any wireless telegraphy apparatus or other apparatus in relation to which the offence was committed;

(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;

(4) A relevant offence is--

(a) an offence under Chapter 4 or 5 of Part 2 consisting in a contravention of any provision of that Part in relation to a wireless telegraphy station or wireless telegraphy apparatus (including an offence under section 37 or 38);

(b) an offence under section 66;

(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;

Forfeiture in relation to restricted apparatus

2 (1) Where a person is convicted of an offence under Part 2, 3 or 6 involving restricted apparatus, the court must order the apparatus to be forfeited to OFCOM unless the defendant or a person who claims to be the owner of, or otherwise interested in, the apparatus shows cause why it should not be forfeited.

(2) This paragraph does not affect the operation of paragraph 1 in relation to apparatus that is not restricted apparatus.

(3) Apparatus is restricted apparatus if custody or control of apparatus of any class or description to which it belongs is for the time being restricted by a restriction order under section 62.

Property of third parties

3 Apparatus may be ordered to be forfeited under paragraph 1 or 2 even if it is not the property of the person by whom the offence giving rise to the forfeiture was committed.

Disposal of apparatus

4 Apparatus ordered to be forfeited under paragraph 1 or 2 may be disposed of by OFCOM in such manner as they think fit.

Delivery to OFCOM

5 (1) A court that orders apparatus to be forfeited under paragraph 1 or 2 may also order the person by whom the offence giving rise to the forfeiture was committed not to dispose of it except by delivering it up to OFCOM within 48 hours of being so required by them.

(2) A person against whom an order is made under sub-paragraph (1) commits a further offence if--

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