Part 2

Networks, services and the radio spectrum
Chapter 2

Spectrum use

Criminal proceedings etc.

Forfeiture etc. of restricted apparatus
182
1
Apparatus to which this section applies shall be liable to forfeiture if, immediately before being seized, it was in a person’s custody or control in contravention of a prohibition imposed by an order under section 7 of the Wireless Telegraphy Act 1967 (c. 72) (restriction on dealings in and custody of certain apparatus).
2
This section applies to apparatus if it has been seized—
a
in pursuance of a warrant granted under section 15(1) of the Wireless Telegraphy Act 1949; or
b
in the exercise of the power conferred by section 79(3) of the Telecommunications Act 1984 (c. 12).
3
Apparatus forfeited under this section is to be forfeited to OFCOM and may be disposed of by them in any manner they think fit.
4
Schedule 7 (which makes provision in relation to the seizure and forfeiture of apparatus) shall have effect.
5
The preceding provisions of this section and Schedule 7 apply only in relation to apparatus seized after the commencement of this section.
6
Sections 80 and 81 of the Telecommunications Act 1984 (c. 12) (which make provision for forfeiture of apparatus) are not to apply in relation to apparatus seized after the commencement of this section.
7
In section 7(5) of the Wireless Telegraphy Act 1967 (c. 72), paragraph (b) (which allows a person to have custody or control of restricted apparatus when authorised otherwise than by the Secretary of State) shall cease to have effect.
S. 182 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)