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Session 2005 - 06
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Other Bills before Parliament

Wireless Telegraphy Bill [HL]


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

55

 

(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

behalf of the officer.

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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;

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(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

brought only—

(a)   

by OFCOM; or

(b)   

by or with the consent of the Secretary of State or the Director of Public

Prosecutions.

(4)   

Proceedings in Northern Ireland for an offence under this Part may be brought

25

only—

(a)   

by OFCOM; or

(b)   

by or with the consent of the Secretary of State or the Advocate General

for Northern Ireland.

(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.

Saving

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.

Interpretation

95      

Part 5: interpretation

(1)   

In this Part—

 
 

Wireless Telegraphy Bill [HL]
Part 6 — General

56

 

“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

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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

subject; or

(c)   

a British protected person within the meaning given by section 50(1) of

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that Act.

Part 6

General

Fixed penalties

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

being committed; and

(b)   

evidence of the commission of the offence is to be found on premises

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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

of State—

(a)   

to enter, at any time within the relevant period, the premises specified

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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;

 
 

Wireless Telegraphy Bill [HL]
Part 6 — General

57

 

(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

constables.

(6)   

A person authorised by OFCOM or the Secretary of State to exercise a power

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conferred by this section may if necessary use reasonable force in the exercise

of the power.

(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.

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(9)   

In this section—

(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

magistrate;

(b)   

a reference to information on oath is to be read, in Northern Ireland, as

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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

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(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

him.

(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.

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99      

Powers of seizure

(1)   

This section applies to—

(a)   

an indictable offence under this Act, other than an offence under

section 111;

(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;

 
 

Wireless Telegraphy Bill [HL]
Part 6 — General

58

 

(d)   

an offence under section 48;

(e)   

an offence under section 66.

(2)   

Where—

(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

relevant item.

(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.

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(6)   

Nothing in this section affects any power to seize or detain property that is

exercisable by a constable apart from this section.

(7)   

In this section—

“relevant item” means an item that—

(a)   

was used in connection with an offence to which this section

25

applies; or

(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.

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100     

Obstruction

(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.

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Disposal and forfeiture

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).

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(2)   

The property may be detained—

 
 

Wireless Telegraphy Bill [HL]
Part 6 — General

59

 

(a)   

until the end of the period of six months beginning with the date of

seizure; or

(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

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(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

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forfeited.

(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

of section 101(2)(b)—

(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

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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

the proceedings.

(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

without permission.

(6)   

References to an appeal include references to an application for permission to

appeal.

 
 

 
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Revised 4 July 2006