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 6 — General
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103
Forfeiture on conviction
Schedule 5 (which makes provision in relation to forfeiture on conviction) has
effect.
104
Forfeiture etc of restricted apparatus
(1)
Apparatus to which this section applies is liable to forfeiture if, immediately
5
before being seized, it was in a person’s custody or control in contravention of
section 62(5).
(2)
This section applies to apparatus if it has been seized—
(a)
in pursuance of a warrant granted under section 97; or
(b)
in the exercise of the power conferred by section 99(3).
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(3)
Apparatus forfeited under this section is to be forfeited to OFCOM and may be
disposed of by them in any manner they think fit.
(4)
Schedule 6 (which makes provision in relation to the seizure and forfeiture of
apparatus) has effect.
Enforcement, proceedings etc
15
105
Offences relating to ships or aircraft
(1)
This section applies if an offence is committed under any of sections 11, 35 to
38, 46, 47, 48, 58 and 68.
(2)
Where the offence is committed in relation to a station or apparatus on board
or released from a ship or aircraft, the captain or person for the time being in
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charge of the ship or aircraft is guilty of the offence (as well as anyone who is
guilty of it apart from this subsection).
(3)
This section does not apply where the offence consists in the use by a passenger
on board the ship or aircraft of receiving apparatus that is not part of the
wireless telegraphy apparatus, if any, of the ship or aircraft.
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106
Continuing offences
(1)
This section applies where—
(a)
a person is convicted of an offence under Part 2 or 3 consisting in—
(i)
the use of a wireless telegraphy station or wireless telegraphy
apparatus, or
30
(ii)
a failure or refusal to cause a wireless telegraphy licence or an
authority under section 52(3) to be surrendered; and
(b)
the use, or the failure or refusal, continues after the conviction.
(2)
The person is to be treated as committing a separate offence in respect of every
day on which the use, or the failure or refusal, so continues.
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(3)
Subsection (2) does not affect the right to bring separate proceedings for
contraventions of this Act taking place on separate occasions.
107
Proceedings and enforcement
(1)
Proceedings for—

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(a)
an offence under Part 2, 3 or 6 (other than an offence under section 111)
that is committed in UK territorial sea, or
(b)
an offence under Part 5,

may be taken, and the offence may for all incidental purposes be treated as
having been committed, in any place in the United Kingdom.
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(2)
For the purpose of the enforcement of any provision falling within subsection
(3), a member of a police force has in any area of the sea within the seaward
limits of UK territorial sea all the powers, protection and privileges which he
has in the area for which he acts as constable.
(3)
The provisions are—
10
(a)
sections 8 to 11, 32 to 38 and 45 to 53;
(b)
Part 3;
(c)
Part 5;
(d)
sections 97 to 100, 103, 105 and 106 and Schedule 5.
(4)
In the application of this section to Northern Ireland, subsection (2) has effect
15
with the substitution—
(a)
for the words “a police force” of the words “the Police Service of
Northern Ireland”, and
(b)
for the words “the area for which he acts as constable” of the words
“Northern Ireland”.
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108
Civil proceedings
(1)
Where the doing of a thing is rendered unlawful by Part 2 or 3, and it is also an
offence under this Act, the fact that it is such an offence does not limit a
person’s right to bring civil proceedings in respect of the doing or
apprehended doing of that thing.
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(2)
Without prejudice to the generality of subsection (1), compliance with a
provision of Part 2 or 3 contravention of which is an offence under this Act is
enforceable in civil proceedings by the Crown, or by OFCOM, for an injunction
or for any other appropriate relief.
(3)
In the application of this section to Scotland, subsection (2) has effect as if for
30
the words from “civil proceedings” to the end there were substituted “civil
proceedings by the Advocate General for Scotland, or by OFCOM, for an
interdict or for any other appropriate relief or remedy”.
109
Fines in Scotland
(1)
Fines imposed in respect of offences falling within subsection (2) are to be paid
35
into the Consolidated Fund.
(2)
The offences are offences committed in Scotland under—
(a)
Part 2;
(b)
Part 3;
(c)
section 98;
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(d)
section 100;
(e)
paragraph 5 of Schedule 5.

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110
Criminal liability of company directors etc
(1)
Where an offence under this Act is committed by a body corporate and is
proved to have been committed with the consent or connivance of, or to be
attributable to any neglect on the part of—
(a)
a director, manager, secretary or other similar officer of the body
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corporate, or
(b)
a person who was purporting to act in any such capacity,

he (as well as the body corporate) is guilty of that offence and is liable to be
proceeded against and punished accordingly.
(2)
Where an offence under this Act—
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(a)
is committed by a Scottish firm, and
(b)
is proved to have been committed with the consent or connivance of, or
to be attributable to any neglect on the part of a partner of the firm,

he (as well as the firm) is guilty of that offence and is liable to be proceeded
against and punished accordingly.
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(3)
“Director”, in relation to a body corporate whose affairs are managed by its
members, means a member of the body corporate.
Disclosure of information
111
General restrictions
(1)
Information with respect to a particular business which has been obtained in
20
exercise of a power conferred by this Act is not, so long as that business
continues to be carried on, to be disclosed without the consent of the person for
the time being carrying on that business.
(2)
Subsection (1) has effect subject to the following provisions of this section.
(3)
Subsection (1) does not apply to any disclosure of information which is made—
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(a)
for the purpose of facilitating the carrying out by OFCOM of any of
their functions;
(b)
for the purpose of facilitating the carrying out by any relevant person
of any relevant function;
(c)
for the purpose of facilitating the carrying out by the Comptroller and
30
Auditor General of any of his functions;
(d)
for any of the purposes specified in section 17(2)(a) to (d) of the Anti-
terrorism, Crime and Security Act 2001 (c. 24) (criminal proceedings
and investigations);
(e)
for the purpose of any civil proceedings brought under or because of
35
this Act or any of the enactments or instruments mentioned in
subsection (6); or
(f)
for the purpose of securing compliance with an international obligation
of the United Kingdom.
(4)
The following are relevant persons—
40
(a)
a Minister of the Crown and the Treasury;
(b)
the Scottish Executive;
(c)
a Northern Ireland department;
(d)
the Office of Fair Trading;
(e)
the Competition Commission;
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(f)
the Consumer Panel;
(g)
the Welsh Authority;
(h)
a local weights and measures authority in Great Britain;
(i)
any other person specified for the purposes of this subsection in an
order made by the Secretary of State.
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(5)
The following are relevant functions—
(a)
any function conferred by or under this Act;
(b)
any function conferred by or under any enactment or instrument
mentioned in subsection (6);
(c)
any other function specified for the purposes of this subsection in an
10
order made by the Secretary of State.
(6)
The enactments and instruments referred to in subsections (3) and (5) are—
(a)
the Wireless Telegraphy Act 1967 (c. 72);
(b)
the Trade Descriptions Act 1968 (c. 29);
(c)
the Fair Trading Act 1973 (c. 41);
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(d)
the Consumer Credit Act 1974 (c. 39);
(e)
the Competition Act 1980 (c. 21);
(f)
the Telecommunications Act 1984 (c. 12);
(g)
the Consumer Protection Act 1987 (c. 43);
(h)
the Broadcasting Act 1990 (c. 42);
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(i)
the Broadcasting Act 1996 (c. 55);
(j)
the Competition Act 1998 (c. 41);
(k)
the Enterprise Act 2002 (c. 40);
(l)
the Communications Act 2003 (c. 21);
(m)
the Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049
25
(N.I. 20));
(n)
the Control of Misleading Advertisements Regulations 1988 (S.I. 1988/
915).
(7)
Nothing in this section—
(a)
limits the matters that may be published under section 15, 26 or 390 of
30
the Communications Act 2003;
(b)
limits the matters that may be included in, or made public as part of, a
report made by OFCOM because of a provision of the Office of
Communications Act 2002 (c. 11) or the Communications Act 2003;
(c)
prevents the disclosure of anything for the purposes of a report of legal
35
proceedings in which it has been publicly disclosed;
(d)
applies to information that has been published or made public as
mentioned in paragraphs (a) to (c).
(8)
Section 18 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (restriction
on disclosure of information for overseas purposes) has effect in relation to a
40
disclosure because of subsection (3)(d) as it has effect in relation to a disclosure
in exercise of a power to which section 17 of that Act applies.
(9)
A person commits an offence if he discloses information in contravention of
this section.
(10)
A person who commits an offence under subsection (9) is liable—
45
(a)
on summary conviction, to a fine not exceeding the statutory
maximum;

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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.
(11)
No order is to be made containing provision authorised by subsection (4) or (5)
unless a draft of the order has been laid before Parliament and approved by a
resolution of each House.
5
(12)
In this section—
“the Consumer Panel” means the panel established under section 16 of the
Communications Act 2003 (c. 21);
“enactment” has the same meaning as in the Communications Act 2003;
“legal proceedings” means civil or criminal proceedings in or before any
10
court, or proceedings before any tribunal established by or under any
enactment;
“the Welsh Authority” means the authority whose name is, by virtue of
section 56(1) of the Broadcasting Act 1990 (c. 42), Sianel Pedwar Cymru.
Notifications etc and electronic working
15
112
Service of documents
(1)
This section applies where provision made (in whatever terms) by or under
this Act authorises or requires—
(a)
a notification to be given to any person; or
(b)
a document of any other description (including a copy of a document)
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to be sent to any person.
(2)
The notification or document may be given or sent to the person in question—
(a)
by delivering it to him;
(b)
by leaving it at his proper address; or
(c)
by sending it by post to him at that address.
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(3)
The notification or document may be given or sent to a body corporate by
being given or sent to the secretary or clerk of that body.
(4)
The notification or document may be given or sent to a firm by being given or
sent to—
(a)
a partner in the firm; or
30
(b)
a person having the control or management of the partnership
business.
(5)
The notification or document may be given or sent to an unincorporated body
or association by being given or sent to a member of the governing body of the
body or association.
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(6)
For the purposes of this section and section 7 of the Interpretation Act 1978
(c. 30) (service of documents by post) in its application to this section, the
proper address of a person is—
(a)
in the case of a body corporate, the address of the registered or
principal office of the body;
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(b)
in the case of a firm, unincorporated body or association, the address of
the principal office of the partnership, body or association;
(c)
in the case of a person to whom the notification or other document is
given or sent in reliance on any of subsections (3) to (5), the proper

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address of the body corporate, firm or (as the case may be) other body
or association in question; and
(d)
in any other case, the last known address of the person in question.
(7)
In the case of—
(a)
a company registered outside the United Kingdom,
5
(b)
a firm carrying on business outside the United Kingdom, or
(c)
an unincorporated body or association with offices outside the United
Kingdom,

the references in subsection (6) to its principal office include references to its
principal office within the United Kingdom (if any).
10
(8)
In this section—
“document” includes anything in writing; and
“notification” includes notice;

and references to giving or sending a notification or other document to a
person include references to transmitting it to him and to serving it on him.
15
(9)
This section has effect subject to section 113.
113
Documents in electronic form
(1)
This section applies where—
(a)
section 112 authorises the giving or sending of a notification or other
document by its delivery to a particular person (“the recipient”); and
20
(b)
the notification or other document is transmitted to the recipient—
(i)
by means of an electronic communications network; or
(ii)
by other means but in a form that nevertheless requires the use
of apparatus by the recipient to render it intelligible.
(2)
For the purposes of subsection (1), something is not to be regarded as in an
25
intelligible form if it cannot be readily understood without being decrypted or
having some comparable process applied to it.
(3)
The transmission has effect for the purposes of this Act as a delivery of the
notification or other document to the recipient, but only if the requirements
imposed by or under this section are complied with.
30
(4)
Where the recipient is OFCOM—
(a)
they must have indicated their willingness to receive the notification or
other document in a manner mentioned in subsection (1)(b);
(b)
the transmission must be made in such manner and satisfy such other
conditions as they may require; and
35
(c)
the notification or other document must take such form as they may
require.
(5)
Where the person making the transmission is OFCOM, they may (subject to
subsection (6)) determine—
(a)
the manner in which the transmission is made; and
40
(b)
the form in which the notification or other document is transmitted.
(6)
Where the recipient is a person other than OFCOM—
(a)
the recipient, or

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(b)
the person on whose behalf the recipient receives the notification or
other document,

must have indicated to the person making the transmission the recipient’s
willingness to receive notifications or documents transmitted in the form and
manner used.
5
(7)
An indication to any person for the purposes of subsection (6)—
(a)
must be given to that person in such manner as he may require;
(b)
may be a general indication or one that is limited to notifications or
documents of a particular description;
(c)
must state the address to be used and must be accompanied by such
10
other information as that person requires for the making of the
transmission; and
(d)
may be modified or withdrawn at any time by a notice given to that
person in such manner as he may require.
(8)
An indication, requirement or determination given, imposed or made by
15
OFCOM for the purposes of this section is to be given, imposed or made by
being published in such manner as they consider appropriate for bringing it to
the attention of the persons who, in their opinion, are likely to be affected by it.
(9)
Section 112(8) applies for the purposes of this section as it applies for the
purposes of section 112.
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114
Timing and location of things done electronically
(1)
The Secretary of State may by order make provision specifying, for the
purposes of this Act, the manner of determining—
(a)
the times at which things done under this Act by means of electronic
communications networks are done; and
25
(b)
the places at which such things are so done, and at which things
transmitted by means of such networks are received.
(2)
The provision made by subsection (1) may include provision as to the country
or territory in which an electronic address is to be treated as located.
(3)
An order made by the Secretary of State may also make provision about the
30
manner of proving in any legal proceedings—
(a)
that something done by means of an electronic communications
network satisfies the requirements of this Act for the doing of that
thing; and
(b)
the matters mentioned in subsection (1)(a) and (b).
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(4)
An order under this section may provide for such presumptions to apply
(whether conclusive or not) as the Secretary of State considers appropriate.
Interpretation
115
General interpretation
(1)
In this Act—
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“artistic work” has the meaning given by section 4(1) of the Copyright,
Designs and Patents Act 1988 (c. 48);