(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—
(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
(ii) are communications providers or make associated facilities
(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-
(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 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
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
(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 a 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 that 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—
(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
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
(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 any international
obligation of the United Kingdom.
8 In this Schedule, “stations for wireless telegraphy” and “apparatus for
wireless telegraphy” each has the same meaning as in the Wireless
Telegraphy Act 1949 (c. 54).
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
(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
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
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 shall have power to send a fixed penalty notice
to that person.
(3) If an authorised person has, on any occasion, reason to believe that a
(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) 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-
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;
(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
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
(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
(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 shall send a copy
of the notice or (as the case may be) of the notice of withdrawal to the
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
(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 which is made in accordance with sub-paragraph (3) is referred to
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
and posting a letter containing the amount of the penalty (in cash or
(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) 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
addressed in accordance with the requirements specified in the penalty
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
(c) that that notice was issued to the accused on a date specified in the
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
(b) section 1 of the Criminal Justice (Miscellaneous Provisions) Act
(Northern Ireland) 1968 (c. 28 (N.I.)) (which contains 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
(b) section 1(2)(c) of the Criminal Justice (Miscellaneous Provisions) Act
(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—
(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
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,
shall, if the certificate purports to be signed by that officer, be evidence (and
in Scotland sufficient evidence) of the facts stated.
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.
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.
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
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
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
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
(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
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
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
authorised to accept service of process and to act on behalf of the
(3) Service of process upon a solicitor so specified is to be taken to be proper
service upon the claimant.
5 The restricted apparatus is to be taken to have been duly condemned as
(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
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—
(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
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
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.