12 Enforcement of regulations as to sales, etc., by manufacturers and others.U.K.
(1)If the [F1Secretary of State] is of opinion that any apparatus does not comply with the requirements applicable to it under regulations made for the purpose specified in paragraph (b) of subsection (1) of section ten of this Act, he may serve on any person who has manufactured, assembled or imported the apparatus in the course of business a notice in writing prohibiting him from selling the apparatus, otherwise than for export, or offering or advertising it for sale, otherwise than for export, or letting it on hire or offering or advertising it for letting on hire.
[F2(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(a)that appeal has been brought to a conclusion or withdrawn and there is no further appeal pending in relation to the decision; or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.]
(5)Where a notice has been served under subsection (1) of this section, the person on whom the notice has been served shall, if he contravenes the provisions of the notice without the notice having been previously revoked by the [F1Secretary of State], be guilty of an offence under this Act.
Textual Amendments
F1Words substituted by virtue of Post Office Act 1969 (c. 48, SIF 96), s. 3(1) and S.I. 1974/691, arts. 2, 3(3)
F2S. 12(1A)-(1D) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) for s. 12(2)-(4) (with effect in accordance with s. 178(2) of the amending Act) by Communications Act 2003 (c. 21), ss. 178(2), 411(2) (with Sch. 18); 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.I. 2003/3142, art. 3(2) (with art. 11)