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(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 an urgent case if the failure to revoke or modify the grant will result | |
in, or create an immediate risk of— | 5 |
(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 stations or apparatus for wireless telegraphy; or | 10 |
(ii) are communications providers or make associated facilities | |
available. | |
(8) For the purposes of this section a contravention of a restriction or condition | |
of a grant of recognised spectrum access is a repeated contravention, in | |
relation to a proposal to vary or revoke the grant, if it falls within sub- | 15 |
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 | 20 |
(b) the subsequent notification under that sub-paragraph is given no | |
more than twelve 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 | 25 |
shall, 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 | 30 |
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 | 35 |
(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 | 40 |
(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 a grant includes a reference to a contravention of a restriction or | 45 |
condition contained in any previous grant of which the grant in question is | |
a direct or indirect renewal. | |
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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 that grant. | |
(2) Those conditions include, in particular, conditions providing that the grant | 5 |
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— | 10 |
(a) may relate to matters relevant for the purposes of any enactment | |
(whether relating to wireless telegraphy or not), and | |
(b) may, in particular, be made dependent on the exercise of a statutory | |
discretion under any enactment. | |
(4) Nothing in any condition included in a grant of recognised spectrum access | 15 |
shall restrict 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 | 20 |
(c) for the purpose of securing compliance with any international | |
obligation of the United Kingdom. | |
Interpretation | |
8 In this Schedule, “stations for wireless telegraphy” and “apparatus for | |
wireless telegraphy” each has the same meaning as in the Wireless | 25 |
Telegraphy Act 1949 (c. 54). | |
Schedule 6 | |
Section 175 | |
Fixed penalties for wireless telegraphy offences | |
Offences to which this Schedule applies | |
1 (1) This Schedule applies to an offence under the Wireless Telegraphy Act 1949 | 30 |
which— | |
(a) is a summary offence; and | |
(b) is committed after the coming into force of section 175. | |
(2) Such an offence is referred to in this Schedule as a “relevant offence”. | |
Fixed penalties and fixed penalty notices | 35 |
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. | 40 |
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(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 | 5 |
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 shall have power to send a fixed penalty notice | |
to that person. | 10 |
(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. | 15 |
(4) In this paragraph “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- | 20 |
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 | 25 |
offence as are necessary for giving reasonable information about it; | |
(c) state the fixed penalty for that offence; | |
(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 | 30 |
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 | 35 |
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 | 40 |
the fixed penalty notice was issued; or | |
(b) such longer period as may be specified in the notice. | |
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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 | 5 |
(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 shall send a copy | |
of the notice or (as the case may be) of the notice of withdrawal to the | 10 |
relevant officer specified in the notice being issued or withdrawn. | |
Effect of 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 | 15 |
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 | 20 |
(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 which is made in accordance with sub-paragraph (3) is referred to | 25 |
in this Schedule as a “request to be tried”. | |
Payment of penalty | |
8 (1) If the alleged offender decides to pay the 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 | 30 |
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. | 35 |
(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) is not to be read as preventing the payment of a penalty | |
by other means. | |
(6) A letter is properly addressed for the purposes of sub-paragraph (2) if it is | 40 |
addressed in accordance with the requirements specified in the penalty | |
notice. | |
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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 | 5 |
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 | 10 |
(c) that that notice was issued to the accused on a date specified in the | |
certificate, | |
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— | 15 |
(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.)) (which contains corresponding | |
provision for Northern Ireland), | 20 |
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— | 25 |
(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 | 30 |
(Northern Ireland) 1968 (which contains 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— | 35 |
(a) section 9(2)(d) of the Criminal Justice Act 1967, and | |
(b) section 1(2)(d) of the Criminal Justice (Miscellaneous Provisions) Act | |
(Northern Ireland) 1968 (time for objection), | |
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 | 40 |
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— | |
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(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, | 5 |
shall, if the certificate purports to be signed by that officer, be evidence (and | |
in Scotland sufficient evidence) of the facts stated. | |
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— | 10 |
(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 | 15 |
13 In this Schedule “relevant officer” means— | |
(a) in relation to England and Wales, the justices’ chief executive; | |
(b) in relation to Scotland, the clerk of court; and | |
(c) in relation to Northern Ireland, the clerk of petty sessions. | |
Schedule 7 | 20 |
Section 177 | |
Seizure and forfeiture of apparatus | |
Application of Schedule | |
1 (1) This Schedule applies to restricted apparatus seized, after the coming into | |
force of this Schedule— | |
(a) in pursuance of a warrant granted under section 15(1) of the Wireless | 25 |
Telegraphy Act 1949 (c. 54); or | |
(b) in the exercise of the power conferred by section 79(3) of the | |
Telecommunications Act 1984 (c. 12). | |
(2) Apparatus is restricted apparatus for the purposes of this Schedule if | |
custody or control of apparatus of any class or description to which it | 30 |
belongs is for the time being restricted by an order under section 7 of the | |
Wireless Telegraphy Act 1967 (c. 72). | |
Notice of seizure | |
2 (1) OFCOM must give notice of the seizure of the restricted apparatus to every | |
person who, to their knowledge, was at the time of the seizure the owner or | 35 |
one of the owners of the apparatus. | |
(2) The notice must set out the grounds of the seizure. | |
(3) Where there is no proper address for the purposes of the service of a notice | |
under sub-paragraph (1) in a manner authorised by section 380, the | |
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(3) requirements of that sub-paragraph shall be satisfied by the publication of a | |
notice of the seizure (according to the part of the United Kingdom where the | |
seizure took place) in the London, Edinburgh or Belfast Gazette. | |
(4) Apparatus may be condemned or taken to have been condemned under this | |
Schedule only if the requirements of this paragraph have been complied | 5 |
with in the case of that apparatus. | |
Notice of claim | |
3 A person claiming that the restricted apparatus is not liable to forfeiture | |
must give written notice of his claim to OFCOM. | |
4 (1) A notice of claim must be given within one month after the day of the giving | 10 |
of the notice of seizure. | |
(2) A notice of claim must specify— | |
(a) the name and address of the claimant; and | |
(b) in the case of a claimant who is outside the United Kingdom, the | |
name and address of a solicitor in the United Kingdom who is | 15 |
authorised to accept service of process and to act on behalf of the | |
claimant. | |
(3) Service of process upon a solicitor so specified is to be taken to be proper | |
service upon the claimant. | |
Condemnation | 20 |
5 The restricted apparatus is to be taken to have been duly condemned as | |
forfeited if— | |
(a) by the end of the period for the giving of a notice of claim in respect | |
of the apparatus, no such notice has been given to OFCOM; or | |
(b) a notice of claim is given which does not comply with the | 25 |
requirements of paragraphs 3 and 4. | |
6 (1) Where a notice of claim in respect of the restricted apparatus is duly given | |
in accordance with paragraphs 3 and 4, OFCOM may take proceedings for | |
the condemnation of that apparatus by the court. | |
(2) In any such proceedings— | 30 |
(a) if the court finds that the apparatus was liable to forfeiture at the time | |
of seizure, it must condemn the apparatus as forfeited unless cause | |
is shown why it should not; and | |
(b) if the court finds that the apparatus was not liable to forfeiture at that | |
time, or cause is shown why it should not be forfeited, the court must | 35 |
order the return of the apparatus to the person appearing to the court | |
to be entitled to it. | |
(3) If OFCOM decide not to take proceedings for condemnation in a case in | |
which a notice of claim has been so given, they must return the apparatus to | |
the person appearing to them to be the owner of the apparatus, or to one of | 40 |
the persons appearing to them to be the owners of it. | |
(4) Apparatus required to be returned in accordance with sub-paragraph (3) | |
must be returned as soon as reasonably practicable after the decision not to | |
take proceedings for condemnation. | |
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