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 3 — Regulation of apparatus
41

63
Authorities
(1)
An authority given by OFCOM under section 62(5) in the case of apparatus of
a class or description specified in a restriction order may be limited—
(a)
to such of the actions restricted by the order as may be specified in the
authority;
5
(b)
to such subsidiary class or description of apparatus, falling within the
class or description specified in the order, as may be specified in the
authority.
(2)
Terms or conditions attached by OFCOM to an authority under section 62(5)
for the manufacture or importation of apparatus may relate to a period after,
10
as well as to the time of, or a period before, the manufacture or importation.
(3)
An authority under section 62(5) may be given, and terms or conditions may
be attached to it—
(a)
generally by means of a notice published in the London, Edinburgh and
Belfast Gazettes; or
15
(b)
by an instrument in writing issued to each person authorised to do, in
relation to apparatus of a class or description to which a restriction
order relates, any action for the time being restricted by the order.
64
Compatibility with international obligations
(1)
OFCOM may not—
20
(a)
make a restriction order,
(b)
give an authority under section 62(5), or
(c)
attach a term or condition to such an authority,

unless they are satisfied that the order, authority, term or condition is
compatible with the international obligations of the United Kingdom.
25
(2)
Where—
(a)
a statutory instrument containing a restriction order, or
(b)
a notice or instrument in writing giving an authority under section
62(5), or attaching a term or condition to such an authority,

contains a statement that OFCOM are satisfied as mentioned in subsection (1),
30
the statement is evidence of that fact (and, in Scotland, sufficient evidence of it).
65
Powers of Commissioners for Her Majesty’s Revenue and Customs
(1)
This section applies where the importation of apparatus of a particular class or
description is for the time being restricted by a restriction order.
(2)
An officer of Revenue and Customs may require a person with custody or
35
control of apparatus of that class or description which is being or has been
imported to provide proof that the importation of the apparatus is or was not
unlawful by virtue of section 62.
(3)
If the proof required under subsection (2) is not provided to the satisfaction of
the Commissioners for Her Majesty’s Revenue and Customs, the apparatus is
40
to be treated, unless the contrary is proved, as being prohibited goods, within
the meaning of the Customs and Excise Management Act 1979 (c. 2), and is
liable to forfeiture under that Act.

Wireless Telegraphy Bill [HL]
Part 3 — Regulation of apparatus
42

66
Offences
(1)
A person commits an offence if—
(a)
he takes any action falling within section 62(3)(a) to (d) in relation to
apparatus in contravention of section 62(5); or
(b)
without reasonable excuse he has apparatus in his custody or control in
5
contravention of section 62(5).
(2)
A person commits an offence if he contravenes or fails to comply with any
terms or conditions attached to an authority given by OFCOM under section
62(5) (whatever the action to which the authority relates).
(3)
A person who commits an offence under this section is liable on summary
10
conviction to a fine not exceeding level 5 on the standard scale.
(4)
This section does not affect any liability to a penalty that may have been
incurred under the Customs and Excise Management Act 1979 (c. 2).
67
Restriction orders: interpretation
In sections 62 to 66—
15
“manufacture” includes construction by any method and the assembly of
component parts;
“restriction order” has the meaning given by section 62.
Deliberate interference
68
Deliberate interference
20
(1)
A person commits an offence if he uses apparatus for the purpose of interfering
with wireless telegraphy.
(2)
This section applies—
(a)
whether or not the apparatus in question is wireless telegraphy
apparatus;
25
(b)
whether or not it is apparatus specified in regulations under section 54;
(c)
whether or not a notice under section 55 or 56 has been given with
respect to it, or, if given, has been varied or revoked.
(3)
A person who commits an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding 12
30
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.
(4)
In the application of subsection (3) to Scotland or Northern Ireland the
reference to 12 months is to be read as a reference to six months.
35

Wireless Telegraphy Bill [HL]
Part 4 — Approval of apparatus etc
43

Part 4
Approval of apparatus etc
Approval of apparatus
69
Approval of apparatus
(1)
This section applies where an instrument falling within subsection (2) contains
5
provision framed by reference to relevant apparatus for the time being
approved under this section for the purposes of that instrument.
(2)
The instruments are—
(a)
wireless telegraphy licences granted under section 8;
(b)
regulations made under section 8(3);
10
(c)
regulations made under section 54;
(d)
restriction orders made under section 62;
(e)
authorities given under section 62(5).
(3)
The relevant authority may approve relevant apparatus for the purposes of
such an instrument.
15
(4)
The relevant authority may require a person applying for an approval under
this section to comply with such requirements as the relevant authority may
think appropriate; and those requirements may include a requirement to
satisfy some other person with respect to a particular matter.
(5)
An approval under this section may apply—
20
(a)
to particular apparatus or to apparatus of a description specified in the
approval;
(b)
for the purposes of a particular instrument or for the purposes of
instruments that are of a description specified in the approval.
(6)
An approval under this section may specify conditions that must be complied
25
with if the approval is to apply to apparatus specified in the approval (or to
apparatus of a description so specified) for purposes specified in the approval.
(7)
A condition so specified may impose on the person to whom the approval is
given a requirement to satisfy a person from time to time with respect to a
particular matter.
30
(8)
The relevant authority may at any time vary or withdraw an approval given by
the relevant authority under this section.
70
Approvals: supplementary
(1)
A person appointed by the relevant authority may exercise a function
conferred on the relevant authority by section 69 to such extent and subject to
35
such conditions as may be specified in the appointment.
(2)
The relevant authority may by order provide for the charging of fees in respect
of the exercise of a function in pursuance of section 69 by or on behalf of the
relevant authority.
(3)
Section 128 of the Finance Act 1990 (c. 29) (power to provide for repayment of
40
fees etc) applies in relation to the power under subsection (2) to make an order

Wireless Telegraphy Bill [HL]
Part 4 — Approval of apparatus etc
44

as it applies in relation to any power to make such an order conferred before
that Act was passed.
(4)
An appointment under subsection (1) may authorise the person appointed to
retain any fees received by him in pursuance of an order under subsection (2).
(5)
Nothing in subsection (2) precludes a person (not being the relevant authority
5
or a person acting on behalf of the relevant authority) by whom a matter falls
to be determined for the purposes of a requirement imposed in pursuance of
section 69(4) or (7) from charging a fee in respect of the carrying out of a test or
other assessment made by him.
(6)
Any sums received by the Secretary of State under this section shall be paid
10
into the Consolidated Fund.
71
The relevant authority
(1)
In sections 69 and 70 “the relevant authority” means (subject to subsection
(2))—
(a)
in such cases as may be specified in an order made by the Secretary of
15
State, the Secretary of State; and
(b)
in any other case, OFCOM.
(2)
Where an application for the purposes of section 69 is made to the Secretary of
State or OFCOM and it appears to the person to whom it is made that it should
have been made to the other—
20
(a)
that person is to refer the application to the other; and
(b)
the application is to be proceeded with as if made to the person to
whom it is referred.
Marking etc of apparatus
72
Information etc on or with apparatus
25
(1)
This section applies where it appears to OFCOM to be expedient that relevant
apparatus of a particular description should be marked with or accompanied
by particular information or instruction relating to—
(a)
the apparatus; or
(b)
its installation or use.
30
(2)
OFCOM may by order—
(a)
impose requirements for securing that relevant apparatus of that
description is so marked or accompanied; and
(b)
regulate or prohibit the supply of such relevant apparatus in cases
where the requirements are not complied with.
35
(3)
The requirements imposed by the order may extend to the form and manner in
which the information or instruction is given.
(4)
In the case of apparatus supplied in circumstances where the required
information or instruction would not be conveyed until after delivery, an order
under this section may require the whole or part of the information or
40
instruction to be also displayed near the apparatus.
(5)
The approval of the Secretary of State is required for the making by OFCOM of
an order under this section.

Wireless Telegraphy Bill [HL]
Part 4 — Approval of apparatus etc
45

(6)
A statutory instrument containing an order made by OFCOM under this
section is subject to annulment in pursuance of a resolution of either House of
Parliament.
73
Information etc in advertisements
(1)
This section applies where it appears to OFCOM to be expedient that a
5
particular description of advertisements for relevant apparatus should contain
or refer to particular information relating to—
(a)
the apparatus; or
(b)
its installation or use.
(2)
OFCOM may by order impose requirements as to the inclusion in
10
advertisements of that description of—
(a)
that information; or
(b)
an indication of the means by which that information may be obtained.
(3)
An order under this section may specify the form and manner in which the
information or indication required by the order is to be included in a particular
15
description of advertisements.
(4)
The approval of the Secretary of State is required for the making by OFCOM of
an order under this section.
(5)
A statutory instrument containing an order made by OFCOM under this
section is subject to annulment in pursuance of a resolution of either House of
20
Parliament.
74
Offences
(1)
A person commits an offence if in the course of a trade or business he supplies,
or offers to supply, apparatus in contravention of an order under section 72.
(2)
A person is to be treated as offering to supply apparatus if—
25
(a)
he exposes apparatus for supply, or
(b)
he has apparatus in his possession for supply.
(3)
A person who publishes an advertisement for apparatus to be supplied in the
course of a trade or business commits an offence if the advertisement fails to
comply with a requirement imposed by an order under section 73.
30
(4)
A person who commits an offence under subsection (1) or (3) is liable on
summary conviction to a fine not exceeding level 5 on the standard scale.
(5)
Proceedings for an offence under this section may be commenced at any time
within the period of 12 months beginning with the day after the commission of
the offence.
35
75
Default of third person
(1)
Where the commission by one person (“A”) of an offence under section 74(1) or
(3) is due to the act or default of another (“B”), B also commits the offence; and
B may be charged with and convicted of the offence by virtue of this subsection
whether or not proceedings are taken against A.
40

Wireless Telegraphy Bill [HL]
Part 5 — Prohibition of broadcasting from sea or air
46

(2)
In proceedings for an offence under section 74(1) or (3) it is a defence for the
defendant to prove that he took all reasonable steps and exercised all due
diligence to avoid committing the offence.
(3)
A person may not rely on a defence under subsection (2) which involves an
allegation that the commission of the offence was due to the act or default of
5
another person unless—
(a)
at least seven clear days before the hearing he has given to the
prosecutor a notice in writing giving such information identifying or
assisting in the identification of the other person as was then in his
possession; or
10
(b)
the court grants him leave.
(4)
In proceedings for an offence under section 74(3) it is a defence for the
defendant to prove that—
(a)
at the time of the alleged offence he was a person whose business it was
to publish or arrange for the publication of advertisements;
15
(b)
he received the advertisement for publication in the ordinary course of
business; and
(c)
he did not know and had no reason to suspect that publication of the
advertisement would amount to an offence under that subsection.
Interpretation
20
76
Part 4: interpretation
In this Part—
“advertisement” includes a catalogue, a circular and a price list;
“relevant apparatus” means wireless telegraphy apparatus or apparatus
designed or adapted for use in connection with wireless telegraphy
25
apparatus.
Part 5
Prohibition of broadcasting from sea or air
Prohibitions
77
Broadcasting from ships and aircraft
30
(1)
It is unlawful—
(a)
in the case of any ship or aircraft, to make a broadcast from it while it is
in or over the United Kingdom or external waters; or
(b)
in the case of a British-registered ship or British-registered aircraft, to
make a broadcast from it while it is not in or over the United Kingdom
35
or external waters.
(2)
If a broadcast is made from a ship in contravention of subsection (1), an offence
is committed by—
(a)
the owner of the ship;
(b)
the master of the ship; and
40
(c)
a person who operates, or participates in the operation of, the
apparatus by means of which the broadcast is made.

Wireless Telegraphy Bill [HL]
Part 5 — Prohibition of broadcasting from sea or air
47

(3)
If a broadcast is made from an aircraft in contravention of subsection (1), an
offence is committed by—
(a)
the operator of the aircraft;
(b)
the commander of the aircraft; and
(c)
a person who operates, or participates in the operation of, the
5
apparatus by means of which the broadcast is made.
(4)
A person commits an offence if he procures a broadcast to be made in
contravention of subsection (1).
(5)
In this section—
“master”, in relation to a ship, includes any other person (except a pilot)
10
who has command or charge of the ship;
“operator”, in relation to an aircraft, means the person who at the relevant
time has the management of the aircraft.
78
Broadcasting from marine structures etc
(1)
This section applies to—
15
(a)
tidal waters in the United Kingdom;
(b)
external waters;
(c)
waters in a designated area.
(2)
It is unlawful to make a broadcast from—
(a)
a structure, other than a ship, that is affixed to, or supported by, the bed
20
of waters to which this section applies, or
(b)
any other object in those waters.
(3)
Subsection (2) does not apply by virtue of paragraph (b) to a broadcast made
from a ship or aircraft.
(4)
A person commits an offence if he operates, or participates in the operation of,
25
apparatus by means of which a broadcast is made in contravention of
subsection (2).
(5)
A person commits an offence if he procures a broadcast to be made in
contravention of subsection (2).
79
Broadcasting from prescribed areas of high seas
30
(1)
It is unlawful—
(a)
to make a broadcast that is capable of being received in the United
Kingdom, or
(b)
to make a broadcast that causes interference with any wireless
telegraphy in the United Kingdom,
35

from a ship (other than a British-registered ship) while it is within a prescribed
area of the high seas.
(2)
If a broadcast is made in contravention of subsection (1), an offence is
committed by—
(a)
the owner of the ship from which the broadcast is made;
40
(b)
the master of the ship; and
(c)
a person who operates, or participates in the operation of, apparatus by
means of which the broadcast is made.