- Latest available (Revised)
- Point in Time (08/02/2007)
- Original (As enacted)
Point in time view as at 08/02/2007.
There are currently no known outstanding effects for the Wireless Telegraphy Act 2006, Cross Heading: Marking etc of apparatus.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)This section applies where it appears to OFCOM to be expedient that relevant apparatus of a particular description should be marked with or accompanied by particular information or instruction relating to—
(a)the apparatus; or
(b)its installation or use.
(2)OFCOM may by order—
(a)impose requirements for securing that relevant apparatus of that description is so marked or accompanied; and
(b)regulate or prohibit the supply of such relevant apparatus in cases where the requirements are not complied with.
(3)The requirements imposed by the order may extend to the form and manner in which the information or instruction is given.
(4)In the case of apparatus supplied in circumstances where the required information or instruction would not be conveyed until after delivery, an order under this section may require the whole or part of the information or instruction to be also displayed near the apparatus.
(5)The approval of the Secretary of State is required for the making by OFCOM of an order under this section.
(6)A statutory instrument containing an order made by OFCOM under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(1)This section applies where it appears to OFCOM to be expedient that a particular description of advertisements for relevant apparatus should contain or refer to particular information relating to—
(a)the apparatus; or
(b)its installation or use.
(2)OFCOM may by order impose requirements as to the inclusion in advertisements of that description of—
(a)that information; or
(b)an indication of the means by which that information may be obtained.
(3)An order under this section may specify the form and manner in which the information or indication required by the order is to be included in a particular description of advertisements.
(4)The approval of the Secretary of State is required for the making by OFCOM of an order under this section.
(5)A statutory instrument containing an order made by OFCOM under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(1)A person commits an offence if in the course of a trade or business he supplies, or offers to supply, apparatus in contravention of an order under section 72.
(2)A person is to be treated as offering to supply apparatus if—
(a)he exposes apparatus for supply, or
(b)he has apparatus in his possession for supply.
(3)A person who publishes an advertisement for apparatus to be supplied in the course of a trade or business commits an offence if the advertisement fails to comply with a requirement imposed by an order under section 73.
(4)A person who commits an offence under subsection (1) or (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5)Proceedings for an offence under this section may be commenced at any time within the period of 12 months beginning with the day after the commission of the offence.
(1)Where the commission by one person (“A”) of an offence under section 74(1) or (3) is due to the act or default of another (“B”), B also commits the offence; and B may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against A.
(2)In proceedings for an offence under section 74(1) or (3) it is a defence for the defendant to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
(3)A person may not rely on a defence under subsection (2) which involves an allegation that the commission of the offence was due to the act or default of another person unless—
(a)at least seven clear days before the hearing he has given to the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession; or
(b)the court grants him leave.
(4)In proceedings for an offence under section 74(3) it is a defence for the defendant to prove that—
(a)at the time of the alleged offence he was a person whose business it was to publish or arrange for the publication of advertisements;
(b)he received the advertisement for publication in the ordinary course of business; and
(c)he did not know and had no reason to suspect that publication of the advertisement would amount to an offence under that subsection.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: