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Post Office Act 1969

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25General classes of acts not infringing the telecommunication privilege

(1)The privilege conferred by subsection (1) of the last foregoing section is not infringed by—

(a)the running of a system in the case of which the only agency involved in the conveyance of things thereby conveyed is light and the things thereby conveyed are so conveyed as to be capable of being received or perceived by the eye and without more;

(b)the running by a person of a system in the case of which all the apparatus comprised therein is situate either—

(i)on a single set of premises occupied by him;

or

(ii)in a vehicle, vessel, aircraft or hovercraft or in two or more vehicles, vessels, aircraft or hovercraft mechanically coupled together ; or

(c)the running by a single individual of a system in the case of which—

(i)all the apparatus comprised therein is under his control; and

(ii)everything conveyed by it that falls within paragraphs (a) to (d) of the said subsection (1) is conveyed solely for domestic purposes of his.

(2)In the case of a business carried on by a person, the said privilege is not infringed by the running, for the purposes of that business, of a system with respect to which.—

(a)in a case in which all the apparatus therein comprised is situate in the British Islands, no person except him or the Post Office is concerned in the control of the apparatus;

(b)in any other case, no person except him or the Post Office is concerned in the control of so much of the apparatus as is so situate ;

provided—

(i)that nothing falling within paragraphs (a) to (d) of subsection (1) of the last foregoing section is conveyed by the system by way of rendering a service to another;

(ii)that, in so far as sounds or visual images are conveyed by the system, they are not conveyed for the purpose of their being heard or seen by persons other than the person carrying on that business or any servants of his engaged in the conduct thereof ;

(iii)that in so far as such signals as are mentioned in paragraph (c) of that subsection are conveyed by the system, they are not conveyed for the purpose of imparting matter otherwise than to the person carrying on that business, any servants of his engaged in the conduct thereof or things used in the course of that business and controlled by him; and

(iv)that, in so far as such signals as are mentioned in paragraph (d) of that subsection are conveyed by the system, they are not conveyed for the purpose of actuating or controlling machinery or apparatus used otherwise than in the course of that business.

(3)In the case of a system in the case of which all the apparatus therein comprised is let on hire by the Post Office, the said privilege is not infringed by the running of the system by the person to whom the apparatus is let on hire; and in the case of a system in the case of which part of the apparatus comprised therein consists of apparatus let on hire by the Post Office to a person, the said privilege is not infringed by the running by him of so much of the system as comprises the last-mentioned apparatus.

(4)In this section "business " includes a trade, profession or employment and includes any activity carried on by a body of persons, whether corporate or unincorporated, and " vessel" means a vessel of any description used in navigation.

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