Communications Act 2003 Explanatory Notes

Section 126: Possession or supply of apparatus etc. for contravening s.125

302.It is an offence under subsection (1) for a person to have in his possession or under his control anything, including data, which may be used for or in connection with obtaining an electronic communications service with the intent to use the thing or to allow it to be used to obtain, or for a purpose connected with the obtaining of, an electronic communications service dishonestly.

303.It is an offence under subsection (2) for anyone to supply or offer to supply anything that may be used for or in connection with obtaining an electronic communications service when he knows or believes that the recipient of those things intends to use them or to allow them to be used to obtain, or for a purpose connected with the obtaining of, an electronic communications service dishonestly.

304.A person found guilty of either offence will be liable to a fine or imprisonment, or both.

305.This section replaces section 42A of the Telecommunications Act 1984 which is repealed by Schedule 19.

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