Wireless Telegraphy Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Wireless Telegraphy Bill [HL]

Wireless Telegraphy Bill [HL]
Part 2 — Regulation of radio spectrum
Chapter 4 — Enforcement
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(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.
5
(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—
10
(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.
15
(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.
20
(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.
25
(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 of every such revision to the Secretary
of State;
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and the Secretary of State must lay copies of the statement and of every such
revision before each House of Parliament.
(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
35
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,
40
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.

Wireless Telegraphy Bill [HL]
Part 2 — Regulation of radio spectrum
Chapter 5 — Miscellaneous
29

Chapter 5
Miscellaneous
Regulations about wireless telegraphy
45
Regulations
(1)
OFCOM may make regulations prescribing the things that are to be done, or
5
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.
10
(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).
15
(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;
20
(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.
25
(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
30
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
35
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
40
section is subject to annulment in pursuance of a resolution of either House of
Parliament.

Wireless Telegraphy Bill [HL]
Part 2 — Regulation of radio spectrum
Chapter 5 — Miscellaneous
30

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
5
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 on summary conviction to a fine not exceeding level 3 on the
standard scale.
10
(3)
A person who commits an offence under this section other than one falling
within subsection (2) is liable on summary conviction to a fine not exceeding
level 5 on the standard scale.
Misuse of wireless telegraphy
47
Misleading messages
15
(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
20
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.
25
(4)
A person who commits an offence under this section 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.
30
(5)
In the application of subsection (4) to Scotland or Northern Ireland the
reference to 12 months is to be read as a reference to six months.
48
Interception and disclosure of messages
(1)
A person commits an offence if, otherwise than under the authority of a
designated person—
35
(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
40
a message.

Wireless Telegraphy Bill [HL]
Part 2 — Regulation of radio spectrum
Chapter 5 — Miscellaneous
31

(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
5
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 on summary
conviction to a fine not exceeding level 5 on the standard scale.
(5)
“Designated person” means—
10
(a)
the Secretary of State;
(b)
the Commissioners for Her Majesty’s Revenue and Customs; or
(c)
any other person designated for the purposes of this section by
regulations made by the Secretary of State.
49
Interception authorities
15
(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—
20
(a)
conduct that, if engaged in without lawful authority, constitutes an
offence under section 1(1) or (2) of the Regulation of Investigatory
Powers Act 2000 (c. 23);
(b)
conduct that, if engaged in without lawful authority, is actionable
under section 1(3) of that Act;
25
(c)
conduct that is capable of being authorised by an authorisation or
notice granted under Chapter 2 of Part 1 of that Act (communications
data); or
(d)
conduct that is capable of being authorised by an authorisation granted
under Part 2 of that Act (surveillance etc).
30
(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
35
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
40
disorder;
(c)
in the interests of the economic well-being of the United Kingdom;
(d)
in the interests of public safety;
(e)
for the purpose of protecting public health;

Wireless Telegraphy Bill [HL]
Part 2 — Regulation of radio spectrum
Chapter 5 — Miscellaneous
32

(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
5
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;
10
(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
15
(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
20
authorised conduct could reasonably be achieved by other means.
(7)
An interception authority must be in writing and under the hand of—
(a)
the Secretary of State;
(b)
one of the Commissioners for Her Majesty’s Revenue and Customs; or
(c)
a person not falling within paragraph (a) or (b) who is designated for
25
the purposes of this subsection by regulations made by the Secretary of
State.
(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
30
(c)
subject to such restrictions and limitations,

as the designated person thinks fit.
(9)
No regulations may be made under subsection (4)(g) unless a draft of them has
first been laid before Parliament and approved by a resolution of each House.
(10)
For the purposes of this section the question whether a person’s conduct is
35
capable of being authorised under Chapter 2 of Part 1 of the Regulation of
Investigatory Powers Act 2000 (c. 23) or under Part 2 of that Act 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
40
(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
45
issue or renewal of a warrant, authorisation or notice under Part 1 or 2 of the
Regulation of Investigatory Powers Act 2000.

Wireless Telegraphy Bill [HL]
Part 2 — Regulation of radio spectrum
Chapter 5 — Miscellaneous
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(12)
In this section—
“crime” has the meaning given by section 81(2)(a) of the Regulation of
Investigatory Powers Act 2000 (c. 23);
“designated person” has the same meaning as in section 48.
Miscellaneous
5
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 the United
Kingdom and UK territorial sea, of wireless telegraphy apparatus on board the
ship or aircraft.
10
(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)
The maximum fine for each offence under the regulations is—
15
(a)
an amount not exceeding level 5 on the standard scale; or
(b)
a lesser amount.
(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
20
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 the United Kingdom; and
25
(b)
is registered in a country other than the United Kingdom, the Isle of
Man or any of the Channel Islands.
51
Apparatus in vehicles
(1)
This section applies to the power of the Secretary of State under section 7(1) of
the Vehicle Excise and Registration Act 1994 (c. 22) to specify—
30
(a)
the declaration to be made, and
(b)
the particulars to be furnished,

by a person applying for a vehicle licence (within the meaning of that Act).
(2)
The power of the Secretary of State includes power to require that the
declaration and particulars extend to any matters relevant for the enforcement
35
of section 8 of this Act in respect of any wireless telegraphy apparatus installed
in the vehicle.
(3)
Accordingly, the Secretary of State is not required to issue a vehicle licence
under the Vehicle Excise and Registration Act 1994 where the applicant fails to
comply with a requirement imposed because of subsection (2).
40
(4)
A person commits an offence if in providing information that he is required to
provide because of subsection (2)—

Wireless Telegraphy Bill [HL]
Part 2 — Regulation of radio spectrum
Chapter 5 — Miscellaneous
34

(a)
he makes a statement that he knows to be false in a material particular;
or
(b)
he recklessly makes a statement that is false in a material particular.
(5)
A person who commits an offence under subsection (4) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
5
(6)
Where subsection (4) applies, it applies instead of section 45 of the Vehicle
Excise and Registration Act 1994 (c. 22) (false or misleading declarations and
information).
52
Wireless personnel
(1)
The Secretary of State may—
10
(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.
15
(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
20
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
25
(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.
30
(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.
35
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
40
authority may be,

to cause it to be surrendered to the Secretary of State if required by the
Secretary of State to do so.