(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
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
(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
6 A person who issues or withdraws a fixed penalty notice shall send a copy
of the notice or (as the case may be) 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relevant officer specified in the notice being issued or withdrawn.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
(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
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.
(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 which is made in accordance with sub-paragraph (3) is referred to
in this Schedule as a “request to be tried”.
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
(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
at which the letter would be delivered in the ordinary course of post.
(5) Sub-paragraph (2) is not to be read as preventing 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
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.
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,
(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
is evidence that a copy of the statement was served on the alleged offender
by delivery to him on that date.
(3) The statement is to be treated as properly served for the purposes of—
(a) section 9 of the Criminal Justice Act 1967 (c. 80) (proof by written
(b) section 1 of the Criminal Justice (Miscellaneous Provisions) Act
(Northern Ireland) 1968 (c. 28 (N.I.)) (which contains corresponding
provision for Northern Ireland),
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—
(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
(b) section 1(2)(c) of the Criminal Justice (Miscellaneous Provisions) Act
(Northern Ireland) 1968 (which contains 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—
(a) section 9(2)(d) of the Criminal Justice Act 1967 (time for objection),
(b) section 1(2)(d) of the Criminal Justice (Miscellaneous Provisions) Act
(Northern Ireland) 1968 (which contains corresponding provision
for Northern Ireland),
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
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
penalty was marked as posted on a date specified in the certificate,
shall, if the certificate purports to be signed by that officer, be evidence (and
in Scotland sufficient evidence) of the facts stated.
12 The Secretary of State may by regulations make provision as to any matter
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.
13 In this Schedule “relevant officer” means—
(a) in relation to England and Wales, the justices’ chief executive;
(b) in relation to Scotland, the clerk of court; and
(c) in relation to Northern Ireland, the clerk of petty sessions.
Seizure and forfeiture of apparatus
Application of Schedule
1 (1) This Schedule applies to restricted apparatus seized, after the coming into
force of this Schedule—
(a) in pursuance of a warrant granted under section 15(1) of the Wireless
Telegraphy Act 1949 (c. 54); or
(b) in the exercise of the power conferred by section 79(3) of the
Telecommunications Act 1984 (c. 12).
(2) Apparatus is restricted apparatus for the purposes of this Schedule if
custody or control of apparatus of any class or description to which it
belongs is for the time being restricted by an order under section 7 of the
Wireless Telegraphy Act 1967 (c. 72).
Notice of seizure
2 (1) OFCOM must give notice of the seizure of the restricted apparatus to every
person who, to their knowledge, was at the time of the seizure the owner or
one of the owners of the apparatus.
(2) The notice must set out the grounds of the seizure.
(3) Where there is no proper address for the purposes of the service of a notice
under sub-paragraph (1) in a manner authorised by section 387, the
requirements of that sub-paragraph shall be satisfied by the publication of a
notice of the seizure (according to the part of the United Kingdom where the
seizure took place) in the London, Edinburgh or Belfast Gazette.
(4) Apparatus may be condemned or taken to have been condemned under this
Schedule only if the requirements of this paragraph have been complied
with in the case of that apparatus.
Notice of claim
3 A person claiming that the restricted apparatus is not liable to forfeiture
must give written notice of his claim to OFCOM.
4 (1) A notice of claim must be given within one month after the day of the giving
of the notice of seizure.
(2) A notice of claim must specify—
(a) the name and address of the claimant; and
(b) in the case of a claimant who is outside the United Kingdom, the
name and address of a solicitor in the United Kingdom who is
authorised to accept service of process and to act on behalf of the
(3) Service of process upon a solicitor so specified is to be taken to be proper
service upon the claimant.
5 The restricted apparatus is to be taken to have been duly condemned as
(a) by the end of the period for the giving of a notice of claim in respect
of the apparatus, no such notice has been given to OFCOM; or
(b) a notice of claim is given which does not comply with the
requirements of paragraphs 3 and 4.
6 (1) Where a notice of claim in respect of the restricted apparatus is duly given
in accordance with paragraphs 3 and 4, OFCOM may take proceedings for
the condemnation of that apparatus by the court.
(2) In any such proceedings—
(a) if the court finds that the apparatus was liable to forfeiture at the time
of seizure, it must condemn the apparatus as forfeited unless cause
is shown why it should not; and
(b) if the court finds that the apparatus was not liable to forfeiture at that
time, or cause is shown why it should not be forfeited, the court must
order the return of the apparatus to the person appearing to the court
to be entitled to it.
(3) If OFCOM decide not to take proceedings for condemnation in a case in
which a notice of claim has been so given, they must return the apparatus to
the person appearing to them to be the owner of the apparatus, or to one of
the persons appearing to them to be the owners of it.
(4) Apparatus required to be returned in accordance with sub-paragraph (3)
must be returned as soon as reasonably practicable after the decision not to
take proceedings for condemnation.
(5) OFCOM’s decision whether to take such proceedings must be taken as soon
as reasonably practicable after the receipt of the notice of claim.
7 Where the restricted apparatus is condemned or taken to have been
condemned as forfeited, the forfeiture is to have effect as from the time of the
Proceedings for condemnation by court
8 Proceedings for condemnation are civil proceedings and may be
(a) in England or Wales, either in the High Court or in a magistrates’
(b) in Scotland, either in the Court of Session or in the sheriff court;
(c) in Northern Ireland, either in the High Court or in a court of
9 Proceedings for the condemnation of restricted apparatus instituted in a
magistrates’ court in England or Wales, in the sheriff court in Scotland or in
a court of summary jurisdiction in Northern Ireland may be so instituted—
(a) in any such court having jurisdiction in a place where an offence
under section 7 of the Wireless Telegraphy Act 1967 (c. 72) involving
that apparatus was committed;
(b) in any such court having jurisdiction in proceedings for such an
(c) in any such court having jurisdiction in the place where the claimant
resides or, if the claimant has specified a solicitor under paragraph 4,
in the place where that solicitor has his office; or
(d) in any such court having jurisdiction in the place where that
apparatus was seized or to which it was first brought after being
10 (1) In proceedings for condemnation that are instituted in England and Wales
or Northern Ireland, the claimant or his solicitor must make his oath that the
seized apparatus was, or was to the best of his knowledge and belief, the
property of the claimant at the time of the seizure.
(2) In proceedings for condemnation instituted in the High Court—
(a) the court may require the claimant to give such security for the costs
of the proceedings as may be determined by the court; and
(b) the claimant must comply with any such requirement.
(3) If a requirement of this paragraph is not complied with, the court shall give
judgment for OFCOM.
11 (1) In the case of proceedings for condemnation instituted in a magistrates’
court in England or Wales, either party may appeal against the decision of
that court to the Crown Court.
(2) In the case of proceedings for condemnation instituted in a court of
summary jurisdiction in Northern Ireland, either party may appeal against
the decision of that court to the county court.
(3) This paragraph does not affect any right to require the statement of a case for
the opinion of the High Court.
12 Where an appeal has been made (whether by case stated or otherwise)
against the decision of the court in proceedings for the condemnation of
restricted apparatus, that apparatus is to be left with OFCOM pending the
final determination of the matter.
Disposal of unclaimed property
13 (1) This paragraph applies where a requirement is imposed by or under this
Schedule for apparatus to be returned to a person.
(2) If the apparatus is still in OFCOM’s possession after the end of the period of
twelve months beginning with the day after the requirement to return it
arose, OFCOM may dispose of it in any manner they think fit.
(3) OFCOM may exercise their power under this paragraph to dispose of
apparatus only if it is not practicable at the time when the power is exercised
to dispose of the apparatus by returning it immediately to the person to
whom it is required to be returned.
Provisions as to proof
14 In proceedings arising out of the seizure of restricted apparatus, the fact,
form and manner of the seizure is to be taken, without further evidence and
unless the contrary is shown, to have been as set forth in the process.
15 In any proceedings, the condemnation by a court of restricted apparatus as
forfeited may be proved by the production of either—
(a) the order or certificate of condemnation; or
(b) a certified copy of the order purporting to be signed by an officer of
the court by which the order or certificate was made or granted.
Special provisions as to certain claimants
16 (1) This paragraph applies for the purposes of a claim to the restricted
apparatus, and of proceedings for its condemnation.
(2) Where, at the time of the seizure, the apparatus is—
(a) the property of a body corporate,
(b) the property of two or more partners, or
(c) the property of more than five persons,
the oath required by paragraph 10 to be taken by the claimant, and any other
thing required by this Schedule or by rules of court to be done by the owner
of the apparatus, may be done by a person falling within sub-paragraph (3)
or by a person authorised to act on his behalf.
(3) The persons falling within this sub-paragraph are—
(a) where the owner is a body corporate, the secretary or some duly
authorised officer of that body;
(b) where the owners are in partnership, any one or more of the owners;
(c) where there are more than five owners and they are not in
partnership, any two or more of the owners acting on behalf of
themselves and any of their co-owners who are not acting on their
Saving for owner’s rights
17 Neither the imposition of a requirement by or under this Schedule to return
apparatus to a person nor the return of apparatus to a person in accordance
with such a requirement affects—
(a) the rights in relation to that apparatus of any other person; or
(b) the right of any other person to enforce his rights against the person
to whom it is returned.
Decisions not subject to appeal
Prosecutions and civil proceedings
1 A decision to institute, bring or carry on any criminal or civil proceedings.
2 A decision (other than one under section 116) to take preliminary steps for
the purpose of enabling any such proceedings to be instituted.
3 A decision relating to the making or revision of a statement under section 35.
4 A decision required to be published in a notification under section 41(4).
5 A decision given effect to by an order under section 52.
6 A decision given effect to by regulations under section 63.
7 A decision given effect to by regulations under section 68.
8 A decision required to be published in a notification under section 105(4).
9 A decision given effect to by an order under section 119.
10 A decision relating to the making or revision of a statement under section
11 A decision given effect to by an order under section 131(6).
12 A decision relating to the making or revision of a statement under section
13 A decision relating to the publication of the United Kingdom Plan for
14 A decision in exercise of the functions conferred on OFCOM by section 149
(a) the services, records and advice to be provided, maintained or given