Wireless Telegraphy Bill [HL]

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House of Commons

Session 2005 - 06
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Other Bills before Parliament

Wireless Telegraphy Bill [HL]

Wireless Telegraphy Bill [HL]

[A table showing the origin of the provisions of this consolidation Bill is
published as a separate document. The Table has no official status.]
EUROPEAN CONVENTION ON HUMAN RIGHTS
Vera Baird has made the following statement under section 19(1)(a) of the Human
Rights Act 1998:
In my view the provisions of the Wireless Telegraphy Bill [HL] are compatible with
the Convention rights.

Bill 207
54/1

Wireless Telegraphy Bill [HL]

Bill 207 54/1

Wireless Telegraphy Bill [HL]

[A Table showing the origin of the provisions of this consolidation Bill is published
as a separate document. The Table has no official status.]
Contents
Part 1
General provision about radio spectrum
Radio spectrum functions of OFCOM
1
General functions
2
United Kingdom Plan for Frequency Authorisation
3
Duties of OFCOM when carrying out functions
4
Advisory service in relation to interference
5
Directions of Secretary of State
6
Procedure for directions
Reservation of spectrum for multiplex use
7
Special duty in relation to television multiplexes
Part 2
Regulation of radio spectrum
Chapter 1
Wireless telegraphy licences
Licensing of wireless telegraphy
8
Licences and exemptions
9
Terms, provisions and limitations
10
Procedure
11
Surrender of licence
Charges etc
12
Charges for grant of licence
13
Matters taken into account
14
Bidding for licences
15
Recovery

Bill 207
54/1

Wireless Telegraphy Bill [HL]
ii

16
Regulations
17
Sections 12 to 16 : interpretation
Chapter 2
Grants of recognised spectrum access
Making of grants
18
Grant of recognised spectrum access
19
Procedure
20
Effect of grant of recognised spectrum access
Charges etc
21
Charges for grant of recognised spectrum access
22
Matters taken into account
23
Bidding for grants
24
Recovery
25
Regulations
26
Sections 21 to 25 : interpretation
Chapter 3
Management of radio spectrum
General
27
Conversion into and from wireless telegraphy licences
28
Payments by the Crown
29
Limitations on authorised spectrum use
30
Spectrum trading
Wireless telegraphy register
31
Wireless telegraphy register
Statistical information
32
Statistical information
33
Failure to provide information etc
34
Statement of policy
Chapter 4
Enforcement
Unauthorised use etc
35
Unauthorised use etc of wireless telegraphy station or apparatus
36
Keeping available for unauthorised use
37
Allowing premises to be used for unlawful broadcasting
38
Facilitating unauthorised broadcasting

Wireless Telegraphy Bill [HL]
iii

Procedures for contraventions
39
Contravention of terms, etc
40
Repeated contravention
41
Procedure for prosecutions
42
Special procedure for contraventions by multiplex licence holders
43
Amount of penalty under section 42
44
Relevant amount of gross revenue
Chapter 5
Miscellaneous
Regulations about wireless telegraphy
45
Regulations
46
Offences
Misuse of wireless telegraphy
47
Misleading messages
48
Interception and disclosure of messages
49
Interception authorities
Miscellaneous
50
Apparatus on foreign-registered ships etc
51
Apparatus in vehicles
52
Wireless personnel
53
Surrender of authority
Part 3
Regulation of apparatus
Undue interference
54
Regulations about use and sale etc of apparatus
55
Enforcement: use of apparatus
56
Enforcement: sale etc of apparatus
57
Appeal against notice under section 55 or 56 etc
58
Contravening notice under section 55 or 56
59
Entry and search of premises etc
60
Obstruction and failure to assist
61
Sections 54 to 60 : interpretation
Restriction orders
62
Restriction orders
63
Authorities
64
Compatibility with international obligations
65
Powers of Commissioners for Her Majesty’s Revenue and Customs
66
Offences
67
Restriction orders: interpretation

Wireless Telegraphy Bill [HL]
iv

Deliberate interference
68
Deliberate interference
Part 4
Approval of apparatus etc
Approval of apparatus
69
Approval of apparatus
70
Approvals: supplementary
71
The relevant authority
Marking etc of apparatus
72
Information etc on or with apparatus
73
Information etc in advertisements
74
Offences
75
Default of third person
Interpretation
76
Part 4: interpretation
Part 5
Prohibition of broadcasting from sea or air
Prohibitions
77
Broadcasting from ships and aircraft
78
Broadcasting from marine structures etc
79
Broadcasting from prescribed areas of high seas
80
Acts connected with broadcasting
81
Management of station
82
Facilitating broadcasting from ships or aircraft
83
Facilitating broadcasting from structures etc
84
Maintaining or repairing apparatus
85
Acts relating to broadcast material
86
Facilitation offences: territorial scope
87
Procuring person to commit offence abroad
Enforcement
88
Enforcement officers
89
Enforcement powers
90
Enforcement powers: facilitation offences
91
Exercise of powers
92
Further provisions
Penalties and proceedings
93
Penalties and proceedings

Wireless Telegraphy Bill [HL]
v

Saving
94
Saving for certain broadcasts
Interpretation
95
Part 5: interpretation
Part 6
General
Fixed penalties
96
Fixed penalties for summary offences
Entry, search and seizure
97
Powers of entry and search
98
Obstruction and failure to assist
99
Powers of seizure
100
Obstruction
Disposal and forfeiture
101
Detention and disposal of property
102
Section 101 : conclusion of proceedings
103
Forfeiture on conviction
104
Forfeiture etc of restricted apparatus
Enforcement, proceedings etc
105
Offences relating to ships or aircraft
106
Continuing offences
107
Proceedings and enforcement
108
Civil proceedings
109
Fines in Scotland
110
Criminal liability of company directors etc
Disclosure of information
111
General restrictions
Notifications etc and electronic working
112
Service of documents
113
Documents in electronic form
114
Timing and location of things done electronically
Interpretation
115
General interpretation
116
“Wireless telegraphy”
117
“Wireless telegraphy apparatus” and “wireless telegraphy station”

© Parliamentary copyright 2006
Revised 4 July 2006