Part 2Regulation of radio spectrum
Chapter 4Enforcement
Unauthorised use etc
35Unauthorised use etc of wireless telegraphy station or apparatus
(1)
A person commits an offence if he contravenes section 8.
(2)
A person who commits an offence under this section consisting in the establishment or use of a wireless telegraphy station, or the installation or use of wireless telegraphy apparatus, for the purpose of making a broadcast is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding F1the general limit in a magistrates’ court 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 consisting in the installation or use of 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.
(7)
In this section “broadcast” has the same meaning as in Part 5.