Wireless Telegraphy Act 2006

Power to order forfeiture

1 (1) Where a person is convicted of a relevant offence, the court may, as well as imposing any other penalty, order to be forfeited to OFCOM such of the things mentioned in sub-paragraph (2) as the court considers appropriate.

(2) The things are—

(a) any vehicle, ship or aircraft, or any structure or other object, that was used in connection with the commission of the offence;

(b) any wireless telegraphy apparatus or other apparatus in relation to which the offence was committed;

(c) any wireless telegraphy apparatus or other apparatus that was used in connection with the commission of the offence;

(d) any wireless telegraphy apparatus or other apparatus (not falling within paragraph (b) or (c)) that—

(i) was in the possession or under the control of the person convicted of the offence at the time he committed it, and

(ii) was intended to be used (whether or not by that person) in connection with the making of a broadcast or other transmission that would contravene section 8 or any provision of Part 5.

(3) References in sub-paragraph (2)(b) to (d) to apparatus other than wireless telegraphy apparatus include references to—

(a) recordings;

(b) equipment designed or adapted for use—

(i) in making recordings, or

(ii) in reproducing sounds or visual images from recordings;

(c) any other equipment that is connected, directly or indirectly, to wireless telegraphy apparatus.

(4) A relevant offence is—

(a) an offence under Chapter 4 or 5 of Part 2 consisting in a contravention of any provision of that Part in relation to a wireless telegraphy station or wireless telegraphy apparatus (including an offence under section 37 or 38);

(b) an offence under section 66;

(c) an offence under section 68;

(d) an offence under Part 5.

(5) But the following are not relevant offences—

(a) an offence under section 35 consisting in the installation or use of receiving apparatus;

(b) an offence under section 36 committed in relation to receiving apparatus;

(c) an offence under section 51(4).