- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)This section applies if an offence is committed under any of sections 11, 35 to 38, 46 to 48, 58 and 68.
(2)Where the offence is committed in relation to a station or apparatus on board or released from a ship or aircraft, the captain or person for the time being in charge of the ship or aircraft is guilty of the offence (as well as anyone who is guilty of it apart from this subsection).
(3)This section does not apply where the offence consists in the use by a passenger on board the ship or aircraft of receiving apparatus that is not part of the wireless telegraphy apparatus, if any, of the ship or aircraft.
(1)This section applies where—
(a)a person is convicted of an offence under Part 2 or 3 consisting in—
(i)the use of a wireless telegraphy station or wireless telegraphy apparatus, or
(ii)a failure or refusal to cause a wireless telegraphy licence or an authority under section 52(3) to be surrendered; and
(b)the use, or the failure or refusal, continues after the conviction.
(2)The person is to be treated as committing a separate offence in respect of every day on which the use, or the failure or refusal, so continues.
(3)Subsection (2) does not affect the right to bring separate proceedings for contraventions of this Act taking place on separate occasions.
(a)an offence under Part 2, 3 or 6 (other than an offence under section 111) that is committed in UK territorial sea, or
(b)an offence under Part 5,
may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
(2)For the purpose of the enforcement of any provision falling within subsection (3), a member of a police force has in any area of the sea within the seaward limits of UK territorial sea all the powers, protection and privileges which he has in the area for which he acts as constable.
(3)The provisions are—
(a)sections 8 to 11, 32 to 38 and 45 to 53;
(d)sections 97 to 100, 103, 105 and 106 and Schedule 5.
(4)In the application of this section to Northern Ireland, subsection (2) has effect with the substitution—
(a)for the words “a police force” of the words “the Police Service of Northern Ireland”, and
(b)for the words “the area for which he acts as constable” of the words “Northern Ireland”.
(1)Where the doing of a thing is rendered unlawful by Part 2 or 3, and it is also an offence under this Act, the fact that it is such an offence does not limit a person’s right to bring civil proceedings in respect of the doing or apprehended doing of that thing.
(2)Without prejudice to the generality of subsection (1), compliance with a provision of Part 2 or 3 contravention of which is an offence under this Act is enforceable in civil proceedings by the Crown, or by OFCOM, for an injunction or for any other appropriate relief.
(3)In the application of this section to Scotland, subsection (2) has effect as if for the words from “civil proceedings” to the end there were substituted “civil proceedings by the Advocate General for Scotland, or by OFCOM, for an interdict or for any other appropriate relief or remedy”.
(1)Fines imposed in respect of offences falling within subsection (2) are to be paid into the Consolidated Fund.
(2)The offences are offences committed in Scotland under—
(e)paragraph 5 of Schedule 5.
(1)Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a)a director, manager, secretary or other similar officer of the body corporate, or
(b)a person who was purporting to act in any such capacity,
he (as well as the body corporate) is guilty of that offence and is liable to be proceeded against and punished accordingly.
(2)Where an offence under this Act—
(a)is committed by a Scottish firm, and
(b)is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of a partner of the firm,
he (as well as the firm) is guilty of that offence and is liable to be proceeded against and punished accordingly.
(3)“Director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
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?
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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: