(1)A person who has a wireless telegraphy station or wireless telegraphy apparatus in his possession or under his control commits an offence if—
(a)he intends to use it in contravention of section 8; or
(b)he knows, or has reasonable cause to believe, that another person intends to use it in contravention of that section.
(2)A person who commits an offence under this section where the relevant contravention of section 8 would constitute an offence to which section 35(2) applies is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(3)In the application of subsection (2) to Scotland or Northern Ireland the reference to 12 months is to be read as a reference to six months.
(4)A person who commits an offence under this section in relation to receiving apparatus is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5)A person who commits an offence under this section other than one falling within subsection (2) or (4) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale or to both.
(6)In the application of subsection (5) to Scotland or Northern Ireland the reference to 51 weeks is to be read as a reference to six months.