Part 2

Networks, services and the radio spectrum
Chapter 2

Spectrum use

Criminal proceedings etc.

Proceedings for an offence relating to apparatus use
178
1
Section 11 of the Wireless Telegraphy Act 1949 (notices enforcing regulations on the use of apparatus) shall have effect with the following amendments in relation to any notice under subsection (1) or (2) of that section that is served after the coming into force of this subsection—
a
paragraph (i) of the proviso to subsection (1) shall be omitted; and
b
for subsections (3) to (6) there shall be substituted—
2A
Where an appeal with respect to a notice under this section is pending—
a
proceedings for an offence of contravening that notice (whether instituted before or after the bringing of the appeal) shall be stayed until the appeal has been finally determined; and
b
any such proceedings shall be discharged if the notice is set aside in consequence of the appeal;
but this subsection does not affect proceedings in which a person has been convicted at a time when there was no pending appeal.
2B
For the purposes of this section an appeal under section 192 of the Communications Act 2003 with respect to a notice under this section or a further appeal relating to the decision on such an appeal is pending unless—
a
that appeal has been brought to a conclusion or withdrawn and there is no further appeal pending in relation to the decision on the appeal; or
b
no further appeal against a decision made on the appeal or on any such further appeal may be brought without the permission of the court and—
i
in a case where there is no fixed period within which that permission can be sought, that permission has been refused or has not been sought; or
ii
in a case where there is a fixed period within which that permission can be sought, that permission has been refused or that period has expired without permission having been sought.
2C
No proceedings for an offence of contravening a notice under this section may be commenced in Scotland—
a
until the time during which an appeal against such a notice may be brought has expired; or
b
where such an appeal has been brought, until that appeal has been determined.
2D
Such proceedings in Scotland must be commenced within six months of—
a
where no appeal has been brought, the time referred to in paragraph (a) of subsection (2C); and
b
where an appeal has been brought and determined, the date of that determination.
2
Section 12 of that Act (enforcement of regulations as to sales of apparatus etc.) shall have effect in relation to any notices served under subsection (1) of that section after the coming into force of this section with the substitution of the following subsections for subsections (2) to (4)—
1A
Where an appeal with respect to a notice under subsection (1) of this section is pending—
a
proceedings for an offence of contravening that notice (whether instituted before or after the bringing of the appeal) shall be stayed until the appeal has been finally determined; and
b
any such proceedings shall be discharged if the notice is set aside in consequence of the appeal;
but this subsection does not affect proceedings in which a person has been convicted at a time when there was no pending appeal.
1B
For the purposes of this section any appeal under section 192 of the Communications Act 2003 with respect to a notice under this section or a further appeal relating to the decision on that appeal is pending unless—
a
that appeal has been brought to a conclusion or withdrawn and there is no further appeal pending in relation to the decision; or
b
no further appeal against any decision made on the appeal or on any such further appeal may be brought without the permission of the court and—
i
in a case where there is no fixed period within which that permission can be sought, that permission has been refused or has not been sought; or
ii
in a case where there is a fixed period within which that permission can be sought, that permission has been refused or that period has expired without permission having been sought.
1C
No proceedings for an offence of contravening a notice under this section may be commenced in Scotland—
a
until the time during which an appeal against such a notice may be brought has expired; or
b
where such an appeal has been brought, until that appeal has been determined.
1D
Such proceedings in Scotland must be commenced within six months of—
a
where no appeal has been brought, the time referred to in paragraph (a) of subsection (1C); and
b
where an appeal has been brought and determined, the date of that determination.
S. 178 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
S. 178 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)