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Wireless Telegraphy Bill [HL]


Wireless Telegraphy Bill [HL]
Schedule 3 — Suspension and revocation of authorities issued to wireless personnel

81

 

Reference to advisory committee

2     (1)  

The person to whom the authority was issued may request that the question

whether the authority should be revoked, or its suspension continued or

terminated, be referred to an advisory committee.

      (2)  

The request is to be made within such period and in such manner as may be

5

specified in the notice under paragraph 1.

      (3)  

Where a request is made under sub-paragraph (1) the Secretary of State

must, unless he terminates the suspension, refer the question to an advisory

committee.

      (4)  

For the purposes of this Schedule an advisory committee is a committee

10

consisting of three persons appointed by the Secretary of State.

      (5)  

The three persons appointed are to be—

(a)   

an independent chairman selected by the Secretary of State;

(b)   

a person nominated by such body or bodies representing employers

of wireless operators as seem to the Secretary of State to be

15

appropriate for the purpose;

(c)   

a person nominated by such association or associations representing

wireless operators as seem to the Secretary of State to be appropriate

for the purpose.

      (6)  

Where a question is referred to an advisory committee under this paragraph,

20

the committee must—

(a)   

inquire into the matter, and

(b)   

consider any representations made by the person to whom the

authority was issued,

           

and then make a report to the Secretary of State.

25

      (7)  

The report is to state—

(a)   

the facts as found by the committee, and

(b)   

the action that, in their opinion, ought to be taken as respects the

revocation of the authority or the continuation or termination of its

suspension.

30

      (8)  

The Secretary of State is to consider the report.

Decision by Secretary of State

3     (1)  

Sub-paragraph (2) applies—

(a)   

after the Secretary of State has considered the report of the advisory

committee; or

35

(b)   

if no request for a reference to an advisory committee has been made

within the period and in the manner referred to in paragraph 2(2), on

the expiry of that period.

      (2)  

The Secretary of State must (as he thinks fit)—

(a)   

revoke the authority;

40

(b)   

terminate the suspension of the authority; or

(c)   

continue the suspension for such period as he thinks fit.

      (3)  

Sub-paragraph (4) applies where the Secretary of State revokes the authority

or continues its suspension.

 

 

Wireless Telegraphy Bill [HL]
Schedule 4 — Fixed penalties

82

 

      (4)  

The Secretary of State must, if requested to do so by the person to whom the

authority was issued, inform him of the opinion expressed by the advisory

committee as to the action that ought to be taken as respects—

(a)   

the revocation of the authority; or

(b)   

the continuation or termination of its suspension.

5

Payment of expenses

4          

The Secretary of State is to pay—

(a)   

the expenses incurred by an advisory committee under this

Schedule, to the extent determined by him; and

(b)   

such sums as he may determine in respect of the expenses of the

10

members of the committee.

Schedule 4

Section 96

 

Fixed penalties

Offences to which this Schedule applies

1     (1)  

This Schedule applies to an offence under this Act (other than Part 4) which

15

is a summary offence.

      (2)  

Such an offence is referred to in this Schedule as a “relevant offence”.

Fixed penalties and fixed penalty notices

2     (1)  

The fixed penalty for a relevant offence is such amount as may be prescribed

in relation to that offence by regulations made by the Secretary of State.

20

      (2)  

The amount prescribed by regulations under sub-paragraph (1) is not to be

more than 25 per cent. of the maximum fine on summary conviction for the

offence in question.

      (3)  

In this Schedule “fixed penalty notice” means a notice offering the

opportunity of the discharge of any liability to conviction of the offence to

25

which the notice relates by payment of a fixed penalty in accordance with

this Schedule.

Issuing of fixed penalty notice

3     (1)  

If OFCOM have reason to believe that a person has committed a relevant

offence, they may send a fixed penalty notice to that person.

30

      (2)  

If a procurator fiscal receives a report that a person has committed a relevant

offence in Scotland, he also has power to send a fixed penalty notice to that

person.

      (3)  

If an authorised person has, on any occasion, reason to believe that a

person—

35

(a)   

is committing a relevant offence, or

(b)   

has on that occasion committed a relevant offence,

           

he may hand that person a fixed penalty notice.

 

 

Wireless Telegraphy Bill [HL]
Schedule 4 — Fixed penalties

83

 

      (4)  

“Authorised person” means a person authorised by OFCOM, for the

purposes of sub-paragraph (3), to issue fixed penalty notices on OFCOM’s

behalf.

      (5)  

References in this Schedule to the person by whom a fixed penalty notice is

issued, in relation to a notice handed to a person in accordance with sub-

5

paragraph (3), are references to OFCOM.

Content of fixed penalty notice

4     (1)  

A fixed penalty notice must—

(a)   

state the alleged offence;

(b)   

give such particulars of the circumstances alleged to constitute that

10

offence as are necessary for giving reasonable information about it;

(c)   

state the fixed penalty for that offence;

(d)   

specify the relevant officer to whom the fixed penalty may be paid

and the address at which it may be paid;

(e)   

state that proceedings against the person to whom it is issued cannot

15

be commenced in respect of the offence until the end of the

suspended enforcement period;

(f)   

state that such proceedings cannot be commenced if the penalty is

paid within the suspended enforcement period;

(g)   

inform the person to whom it is issued of his right to ask to be tried

20

for the alleged offence; and

(h)   

explain how that right may be exercised and the effect of exercising

it.

      (2)  

The suspended enforcement period for the purposes of this Schedule is—

(a)   

the period of one month beginning with the day after that on which

25

the fixed penalty notice was issued; or

(b)   

such longer period as may be specified in the notice.

Withdrawal of fixed penalty notice

5          

If it appears to a person who has issued a fixed penalty notice that it was

wrongly issued—

30

(a)   

he may withdraw the notice by a further notice to the person to

whom it was issued; and

(b)   

if he does so, the relevant officer must repay any amount paid in

respect of the penalty.

Notification to person to whom payment is to be made

35

6          

A person who issues (or withdraws) a fixed penalty notice must send a copy

of the notice (or of the notice of withdrawal) to the relevant officer specified

in the notice being issued (or withdrawn).

Effect of fixed penalty notice

7     (1)  

This paragraph applies if a fixed penalty notice is issued to a person (“the

40

alleged offender”).

      (2)  

Proceedings for the offence to which the notice relates cannot be brought

against the alleged offender until the person who issued the notice has been

 

 

Wireless Telegraphy Bill [HL]
Schedule 4 — Fixed penalties

84

 

notified by the relevant officer specified in the notice that payment of the

fixed penalty has not been made within the suspended enforcement period.

      (3)  

If the alleged offender asks to be tried for the alleged offence—

(a)   

sub-paragraph (2) does not apply; and

(b)   

proceedings may be brought against him.

5

      (4)  

Such a request must be made by a notice given by the alleged offender—

(a)   

in the manner specified in the fixed penalty notice; and

(b)   

before the end of the suspended enforcement period.

      (5)  

A request made in accordance with sub-paragraph (3) is referred to in this

Schedule as a “request to be tried”.

10

Payment of fixed penalty

8     (1)  

If the alleged offender decides to pay the fixed penalty, he must pay it to the

relevant officer specified in the notice.

      (2)  

Payment of the penalty may be made by properly addressing, pre-paying

and posting a letter containing the amount of the penalty (in cash or

15

otherwise).

      (3)  

Sub-paragraph (4) applies if a person—

(a)   

claims to have made payment by that method; and

(b)   

shows that his letter was posted.

      (4)  

Unless the contrary is proved, payment is to be regarded as made at the time

20

at which the letter would be delivered in the ordinary course of post.

      (5)  

Sub-paragraph (2) does not prevent the payment of a penalty by other

means.

      (6)  

A letter is properly addressed for the purposes of sub-paragraph (2) if it is

addressed in accordance with the requirements specified in the fixed

25

penalty notice.

Effect of payment

9          

If the fixed penalty specified in a fixed penalty notice is paid within the

period specified in that notice, no proceedings for the offence to which that

notice relates may be brought against the alleged offender.

30

Service of statement and proof of service

10    (1)  

This paragraph applies to proceedings for a relevant offence.

      (2)  

A certificate by OFCOM—

(a)   

that a copy of a statement by a person authorised by OFCOM was

included in, or given with, a fixed penalty notice,

35

(b)   

that the notice was a notice with respect to the relevant offence, and

(c)   

that that notice was issued to the accused on a date specified in the

certificate,

           

is evidence that a copy of the statement was served on the alleged offender

by delivery to him on that date.

40

      (3)  

The statement is to be treated as properly served for the purposes of—

 

 

Wireless Telegraphy Bill [HL]
Schedule 4 — Fixed penalties

85

 

(a)   

section 9 of the Criminal Justice Act 1967 (c. 80) (proof by written

statement), and

(b)   

section 1 of the Criminal Justice (Miscellaneous Provisions) Act

(Northern Ireland) 1968 (c. 28 (N.I.)) (corresponding provision for

Northern Ireland),

5

           

even though the manner of service is not authorised by subsection (8) of

either of those sections.

      (4)  

Sub-paragraphs (5) and (6) apply to any proceedings in which service of a

statement is proved by a certificate under this paragraph.

      (5)  

For the purposes of—

10

(a)   

section 9(2)(c) of the Criminal Justice Act 1967 (copy of statement to

be tendered in evidence to be served before hearing on other parties

to the proceedings by or on behalf of the party proposing to tender

it), and

(b)   

section 1(2)(c) of the Criminal Justice (Miscellaneous Provisions) Act

15

(Northern Ireland) 1968 (corresponding provision for Northern

Ireland),

           

service of the statement is to be taken to have been effected by or on behalf

of the prosecutor.

      (6)  

If the alleged offender makes a request to be tried—

20

(a)   

section 9(2)(d) of the Criminal Justice Act 1967 (time for objection),

and

(b)   

section 1(2)(d) of the Criminal Justice (Miscellaneous Provisions) Act

(Northern Ireland) 1968 (corresponding provision for Northern

Ireland),

25

           

are to apply with the substitution, for the reference to seven days from the

service of the copy of the statement, of a reference to seven days beginning

with the day after the one on which the request to be tried was made.

      (7)  

This paragraph does not extend to Scotland.

Certificate about payment

30

11         

In any proceedings, a certificate—

(a)   

that payment of a fixed penalty was, or was not, received by the

relevant officer specified in the fixed penalty notice by a date

specified in the certificate, or

(b)   

that a letter containing an amount sent by post in payment of a fixed

35

penalty was marked as posted on a date specified in the certificate,

           

is evidence (and in Scotland sufficient evidence) of the facts stated, if the

certificate purports to be signed by that officer.

Regulations

12         

The Secretary of State may by regulations make provision as to any matter

40

incidental to the operation of this Schedule, and in particular—

(a)   

for prescribing any information or further information to be

provided in a notice, notification, certificate or receipt;

(b)   

for prescribing the duties of relevant officers and the information to

be supplied to and by them.

45

 

 

Wireless Telegraphy Bill [HL]
Schedule 5 — Forfeiture on conviction

86

 

Interpretation

13         

In this Schedule “relevant officer” means—

(a)   

in relation to England and Wales, the designated officer for the

magistrates’ court;

(b)   

in relation to Scotland, the clerk of court; and

5

(c)   

in relation to Northern Ireland, the clerk of petty sessions.

Schedule 5

Section 103

 

Forfeiture on conviction

Power to order forfeiture

1     (1)  

Where a person is convicted of a relevant offence, the court may, as well as

10

imposing any other penalty, order to be forfeited to OFCOM such of the

things mentioned in sub-paragraph (2) as the court considers appropriate.

      (2)  

The things are—

(a)   

any vehicle, ship or aircraft, or any structure or other object, that was

used in connection with the commission of the offence;

15

(b)   

any wireless telegraphy apparatus or other apparatus in relation to

which the offence was committed;

(c)   

any wireless telegraphy apparatus or other apparatus that was used

in connection with the commission of the offence;

(d)   

any wireless telegraphy apparatus or other apparatus (not falling

20

within paragraph (b) or (c)) that—

(i)   

was in the possession or under the control of the person

convicted of the offence at the time he committed it, and

(ii)   

was intended to be used (whether or not by that person) in

connection with the making of a broadcast or other

25

transmission that would contravene section 8 or any

provision of Part 5.

      (3)  

References in sub-paragraph (2)(b) to (d) to apparatus other than wireless

telegraphy apparatus include references to—

(a)   

recordings;

30

(b)   

equipment designed or adapted for use—

(i)   

in making recordings, or

(ii)   

in reproducing sounds or visual images from recordings;

(c)   

any other equipment that is connected, directly or indirectly, to

wireless telegraphy apparatus.

35

      (4)  

A relevant offence is—

(a)   

an offence under Chapter 4 or 5 of Part 2 consisting in a

contravention of any provision of that Part in relation to a wireless

telegraphy station or wireless telegraphy apparatus (including an

offence under section 37 or 38);

40

(b)   

an offence under section 66;

(c)   

an offence under section 68;

(d)   

an offence under Part 5.

 

 

Wireless Telegraphy Bill [HL]
Schedule 5 — Forfeiture on conviction

87

 

      (5)  

But the following are not relevant offences—

(a)   

an offence under section 35 consisting in the installation or use of

receiving apparatus;

(b)   

an offence under section 36 committed in relation to receiving

apparatus;

5

(c)   

an offence under section 51(4).

Forfeiture in relation to restricted apparatus

2     (1)  

Where a person is convicted of an offence under Part 2, 3 or 6 involving

restricted apparatus, the court must order the apparatus to be forfeited to

OFCOM unless the defendant or a person who claims to be the owner of, or

10

otherwise interested in, the apparatus shows cause why it should not be

forfeited.

      (2)  

This paragraph does not affect the operation of paragraph 1 in relation to

apparatus that is not restricted apparatus.

      (3)  

Apparatus is restricted apparatus if custody or control of apparatus of any

15

class or description to which it belongs is for the time being restricted by a

restriction order under section 62.

Property of third parties

3          

Apparatus may be ordered to be forfeited under paragraph 1 or 2 even if it

is not the property of the person by whom the offence giving rise to the

20

forfeiture was committed.

Disposal of apparatus

4          

Apparatus ordered to be forfeited under paragraph 1 or 2 may be disposed

of by OFCOM in such manner as they think fit.

Delivery to OFCOM

25

5     (1)  

A court that orders apparatus to be forfeited under paragraph 1 or 2 may

also order the person by whom the offence giving rise to the forfeiture was

committed not to dispose of it except by delivering it up to OFCOM within

48 hours of being so required by them.

      (2)  

A person against whom an order is made under sub-paragraph (1) commits

30

a further offence if—

(a)   

he contravenes the order; or

(b)   

he fails to deliver up the apparatus to OFCOM as required.

      (3)  

An offence under sub-paragraph (2) is punishable as if it were committed

under the same provision, and at the same time, as the offence for which the

35

forfeiture was ordered.

Provisions as to disposal of property disapplied

6          

Section 140 of the Magistrates’ Courts Act 1980 (c. 43) and Article 58 of the

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

(under which magistrates sell or dispose of forfeited property) do not apply

40

in relation to apparatus ordered to be forfeited under paragraph 1 or 2.

 

 

 
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