|
| |
|
(2) | Neither an enforcement officer nor an assistant of his is liable in civil or |
| |
criminal proceedings for anything done in purported exercise of any of the |
| |
powers conferred by section 89 or 90 if the court is satisfied that the act was |
| |
done in good faith and that there were reasonable grounds for doing it. |
| |
(3) | Nothing in sections 89 to 91 or this section affects the exercise of any powers |
| 5 |
exercisable apart from those sections. |
| |
(4) | A reference in sections 89 to 91 or this section, in relation to an enforcement |
| |
officer’s assistant, to the exercise of any of the powers mentioned in section |
| |
89(4) is a reference to the exercise by the assistant of any of those powers on |
| |
| 10 |
Penalties and proceedings |
| |
93 | Penalties and proceedings |
| |
(1) | A person who commits an offence under this Part 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; |
| 15 |
(b) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
two years or to a fine or to both. |
| |
(2) | In the application of subsection (1) to Scotland or Northern Ireland the |
| |
reference to 12 months is to be read as a reference to six months. |
| |
(3) | Proceedings in England and Wales for an offence under this Part may be |
| 20 |
| |
| |
(b) | by or with the consent of the Secretary of State or the Director of Public |
| |
| |
(4) | Proceedings in Northern Ireland for an offence under this Part may be brought |
| 25 |
| |
| |
(b) | by or with the consent of the Secretary of State or the Advocate General |
| |
| |
(5) | Summary proceedings in Scotland for an offence under this Part may be |
| 30 |
commenced at any time within the period of two years beginning with the day |
| |
after the commission of the offence. |
| |
| |
94 | Saving for certain broadcasts |
| |
Nothing in this Part makes it unlawful to do anything under and in accordance |
| 35 |
with a wireless telegraphy licence, or to procure anything to be so done. |
| |
| |
95 | Part 5: interpretation |
| |
| |
|
| |
|
| |
|
“British-registered” means registered in the United Kingdom, the Isle of |
| |
Man or any of the Channel Islands; |
| |
“broadcast” means a broadcast by wireless telegraphy of sounds or visual |
| |
images intended for general reception (whether or not the sounds or |
| |
images are actually received by anyone), but does not include a |
| 5 |
broadcast consisting in a message or signal sent in connection with |
| |
navigation or for the purpose of securing safety; |
| |
“designated area” has the meaning given by section 1(7) of the |
| |
Continental Shelf Act 1964 (c. 29); |
| |
“external waters” means the whole of the sea adjacent to the United |
| 10 |
Kingdom that is within the seaward limits of UK territorial sea; |
| |
“the high seas” means seas that are not within the seaward limits of UK |
| |
territorial sea or of the territorial waters adjacent to a country or |
| |
territory outside the United Kingdom. |
| |
(2) | For the purposes of this Part references to a “British person” are references to— |
| 15 |
(a) | a British citizen, a British overseas territories citizen, a British National |
| |
(Overseas) or a British Overseas citizen; |
| |
(b) | a person who under the British Nationality Act 1981 (c. 61) is a British |
| |
| |
(c) | a British protected person within the meaning given by section 50(1) of |
| 20 |
| |
| |
| |
| |
96 | Fixed penalties for summary offences |
| 25 |
Schedule 4 (which makes provision as respects fixed penalty notices for certain |
| |
summary offences) has effect. |
| |
Entry, search and seizure |
| |
97 | Powers of entry and search |
| |
(1) | A justice of the peace may grant a search warrant under this section if he is |
| 30 |
satisfied by information on oath that— |
| |
(a) | there is reasonable ground for suspecting that an offence under this |
| |
Act, other than an offence under Part 4 or section 111, has been or is |
| |
| |
(b) | evidence of the commission of the offence is to be found on premises |
| 35 |
specified in the information, or in a vehicle, ship or aircraft so specified. |
| |
(2) | A search warrant under this section is a warrant empowering a constable or |
| |
any person or persons authorised for the purpose by OFCOM or the Secretary |
| |
| |
(a) | to enter, at any time within the relevant period, the premises specified |
| 40 |
in the information or (as the case may be) the vehicle, ship or aircraft so |
| |
specified and any premises on which it may be; |
| |
(b) | to search the premises, vehicle, ship or aircraft; |
| |
|
| |
|
| |
|
(c) | to examine and test any apparatus found there. |
| |
(3) | In subsection (2) “the relevant period” means the period of three months |
| |
beginning with the day after the date of the warrant. |
| |
(4) | In the application of subsection (3) to Scotland or Northern Ireland the |
| |
reference to three months is to be read as a reference to one month. |
| 5 |
(5) | Where a person authorised by OFCOM or the Secretary of State is empowered |
| |
by a search warrant under this section to enter any premises, he is to be entitled |
| |
to exercise that warrant alone or to exercise it accompanied by one or more |
| |
| |
(6) | A person authorised by OFCOM or the Secretary of State to exercise a power |
| 10 |
conferred by this section may if necessary use reasonable force in the exercise |
| |
| |
(7) | Subsection (6) does not affect any power exercisable apart from that subsection |
| |
by a person so authorised. |
| |
(8) | Where under this section a person has a right to examine and test apparatus on |
| 15 |
premises or in a ship, aircraft or vehicle, any person who— |
| |
(a) | is on the premises, or |
| |
(b) | is in charge of, or in or in attendance on, the ship, aircraft or vehicle, |
| |
| must give him whatever assistance he may reasonably require in the |
| |
examination or testing of the apparatus. |
| 20 |
| |
(a) | a reference to a justice of the peace is to be read, in Scotland, as a |
| |
reference to a sheriff and, in Northern Ireland, as a reference to a lay |
| |
| |
(b) | a reference to information on oath is to be read, in Northern Ireland, as |
| 25 |
a reference to complaint on oath. |
| |
98 | Obstruction and failure to assist |
| |
(1) | A person commits an offence if— |
| |
(a) | he intentionally obstructs a person in the exercise of the powers |
| |
conferred on him under section 97; or |
| 30 |
(b) | he fails or refuses, without reasonable excuse, to give to such a person |
| |
any assistance which, under that section, he is under a duty to give to |
| |
| |
(2) | 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. |
| 35 |
| |
(1) | This section applies to— |
| |
(a) | an indictable offence under this Act, other than an offence under |
| |
| |
(b) | an offence under section 35, other than one consisting in the installation |
| 40 |
or use of receiving apparatus; |
| |
(c) | an offence under section 36, other than one where the relevant |
| |
contravention of section 8 would constitute an offence consisting in the |
| |
use of receiving apparatus; |
| |
|
| |
|
| |
|
(d) | an offence under section 48; |
| |
(e) | an offence under section 66. |
| |
| |
(a) | a search warrant is granted under section 97, and |
| |
(b) | the suspected offence (or any of the suspected offences) is an offence to |
| 5 |
which this section applies, |
| |
| the warrant may authorise a person authorised by OFCOM to exercise the |
| |
power conferred by this subsection to seize and detain, for the purposes of any |
| |
relevant proceedings, any apparatus or other thing found in the course of the |
| |
search carried out in pursuance of the warrant that appears to him to be a |
| 10 |
| |
(3) | If a constable or a person authorised by OFCOM to exercise the power |
| |
conferred by this subsection has reasonable grounds to suspect that an offence |
| |
to which this section applies has been or is being committed, he may seize and |
| |
detain, for the purposes of any relevant proceedings, any apparatus or other |
| 15 |
thing that appears to him to be a relevant item. |
| |
(4) | A person authorised by OFCOM to exercise a power conferred by this section |
| |
may if necessary use reasonable force in the exercise of the power. |
| |
(5) | Subsection (4) does not affect any power exercisable by the person so |
| |
authorised apart from that subsection. |
| 20 |
(6) | Nothing in this section affects any power to seize or detain property that is |
| |
exercisable by a constable apart from this section. |
| |
| |
“relevant item” means an item that— |
| |
(a) | was used in connection with an offence to which this section |
| 25 |
| |
(b) | is evidence of the commission of such an offence; |
| |
“relevant proceedings” means— |
| |
(a) | proceedings for an offence to which this section applies; or |
| |
(b) | proceedings for condemnation under Schedule 6. |
| 30 |
| |
(1) | A person commits an offence if he intentionally obstructs a person in the |
| |
exercise of the power conferred on him under section 99(3). |
| |
(2) | 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. |
| 35 |
| |
101 | Detention and disposal of property |
| |
(1) | This section applies to property seized by a person authorised by OFCOM— |
| |
(a) | in pursuance of a warrant under section 97; or |
| |
(b) | in the exercise of the power conferred by section 99(3). |
| 40 |
(2) | The property may be detained— |
| |
|
| |
|
| |
|
(a) | until the end of the period of six months beginning with the date of |
| |
| |
(b) | if proceedings for an offence to which section 99 applies involving that |
| |
property or proceedings under Schedule 6 for condemnation of that |
| |
property as forfeited are instituted within that period, until the |
| 5 |
conclusion of those proceedings. |
| |
(3) | Subsections (4) to (6) apply in the case of property so detained which, after the |
| |
end of the period authorised by subsection (2)— |
| |
(a) | remains in the possession of OFCOM; and |
| |
(b) | has not been ordered to be forfeited under Schedule 5 or condemned as |
| 10 |
forfeited under Schedule 6. |
| |
(4) | OFCOM must take reasonable steps to deliver the property to the person who |
| |
appears to them to be its owner. |
| |
(5) | If the property remains in the possession of OFCOM after the end of one year |
| |
immediately following the end of the period of detention authorised by |
| 15 |
subsection (2), OFCOM may dispose of it in such manner as they think fit. |
| |
(6) | The delivery of the property in accordance with subsection (4) to the person |
| |
who appears to OFCOM to be its owner does not affect the right of any other |
| |
person to take legal proceedings for the recovery of the property— |
| |
(a) | against the person to whom the property is so delivered; or |
| 20 |
(b) | against any person subsequently in possession of the property. |
| |
102 | Section 101: conclusion of proceedings |
| |
(1) | This section applies to— |
| |
(a) | proceedings for an offence to which section 99 applies; |
| |
(b) | proceedings under Schedule 6 for the condemnation of apparatus as |
| 25 |
| |
(2) | Where proceedings to which this section applies are terminated by an |
| |
appealable decision, they are not to be regarded as concluded for the purposes |
| |
| |
(a) | until the end of the ordinary time for appeal against the decision, if no |
| 30 |
appeal in respect of the decision is brought within that time; or |
| |
(b) | if an appeal in respect of the decision is brought within that time, until |
| |
the conclusion of the appeal. |
| |
(3) | Subsection (2) applies for determining, for the purposes of paragraph (b) of |
| |
that subsection, when proceedings on an appeal are concluded as it applies for |
| 35 |
determining when the original proceedings are concluded. |
| |
(4) | References in subsection (2) to a decision which terminates proceedings |
| |
include references to a verdict, sentence, finding or order that puts an end to |
| |
| |
(5) | An appealable decision is a decision of a description against which an appeal |
| 40 |
will lie, whether by way of case stated or otherwise and whether with or |
| |
| |
(6) | References to an appeal include references to an application for permission to |
| |
| |
|
| |
|