|
| |
| |
use by the code operator for, or in connection with, the establishment or | |
running of the operator’s network. | |
(2) This paragraph does not apply in relation to land covered by buildings or | |
used as a garden or pleasure ground. | |
(3) Sections 324(8) and 325(1) to (5), (8) and (9) of the Town and Country | 5 |
Planning Act 1990 (c. 8) (supplementary provisions relating to powers of | |
entry) have effect in relation to the power conferred by this paragraph— | |
(a) as they have effect in relation to the powers conferred by section 324 | |
of that Act; but | |
(b) subject to the modifications set out in sub-paragraph (4). | 10 |
(4) Those modifications are— | |
(a) in section 324(8) (power to search and bore for the purpose of | |
ascertaining the nature of the subsoil or the presence of minerals) | |
omit “or the presence of minerals therein”; and | |
(b) in section 325(1) (24 hours’ notice to be given of an intended entry | 15 |
upon occupied land) for “24 hours” substitute “28 days”. | |
(5) Where, in an exercise of the power conferred by this paragraph, any damage | |
is caused to land or to chattels, the code operator must— | |
(a) make good the damage; or | |
(b) pay compensation in respect of the damage to every person | 20 |
interested in the land or chattels. | |
(6) Where, in consequence of an exercise of the power conferred by this | |
paragraph, a person is disturbed in his enjoyment of land or chattels, the | |
code operator must pay that person compensation in respect of the | |
disturbance. | 25 |
(7) Section 118 of the Town and Country Planning Act 1990 (determination of | |
disputes as to compensation) applies to any question of disputed | |
compensation under this paragraph as it applies to such questions under | |
Part 4 of that Act. | |
Entry on land for exploratory purposes: Scotland | 30 |
7 (1) A person— | |
(a) nominated by a code operator, and | |
(b) duly authorised in writing by the Secretary of State, | |
may, at any reasonable time, enter upon and survey any land in Scotland for | |
the purpose of ascertaining whether the land would be suitable for use by | 35 |
the code operator for, or in connection with, the establishment or running of | |
the operator’s network. | |
(2) This paragraph does not apply in relation to land covered by buildings or | |
used as a garden or pleasure ground. | |
(3) Sections 269(6) and 270(1) to (5), (8) and (9) of the Town and Country | 40 |
Planning (Scotland) Act 1997 (c. 8) (supplementary provisions relating to | |
powers of entry) have effect in relation to the power conferred by this | |
section— | |
(a) as they have effect in relation to the powers conferred by section 269 | |
of that Act; but | 45 |
(b) subject to the modifications set out in sub-paragraph (4). | |
(4) Those modifications are— | |
| |
| |
|
| |
| |
(a) in section 269(6) (power to search and bore for the purpose of | |
ascertaining the nature of the subsoil or the presence of minerals), | |
omit “or the presence of minerals therein”; and | |
(b) in section 270(1) (24 hours’ notice to be given of an intended entry | |
upon occupied land) for “24 hours” substitute “28 days”. | 5 |
(5) Where, in an exercise of the power conferred by this paragraph, damage is | |
caused to land or to corporeal moveables, the code operator must— | |
(a) make good the damage; or | |
(b) pay compensation in respect of the damage to every person | |
interested in the land or corporeal moveables. | 10 |
(6) Where, in consequence of an exercise of the power conferred by this | |
paragraph, a person is disturbed in his enjoyment of any land or corporeal | |
moveables, the code operator must pay that person compensation in respect | |
of the disturbance. | |
(7) A dispute arising under this paragraph | 15 |
(a) as to the effect of damage, or | |
(b) as to the amount of compensation, | |
must be determined by arbitration by a single arbiter appointed by | |
agreement between the parties or, in default of an agreement, by the | |
Secretary of State. | 20 |
Entry on land for exploratory purposes: Northern Ireland | |
8 (1) A person— | |
(a) nominated by a code operator, and | |
(b) duly authorised in writing by the Secretary of State, | |
may, at any reasonable time, enter upon and survey any land in Northern | 25 |
Ireland for the purpose of ascertaining whether the land would be suitable | |
for use by the code operator for, or in connection with, the establishment or | |
running of the operator’s network. | |
(2) This paragraph does not apply in relation to land covered by buildings or | |
used as a garden or pleasure ground. | 30 |
(3) Subsections (2) to (5) and (8) of section 40 of the Land Development Values | |
(Compensation) Act (Northern Ireland) 1965 (c. 23 (N.I.)) (supplementary | |
provisions relating to powers of entry) have effect in relation to the power of | |
entry conferred by this paragraph— | |
(a) as they have effect in relation to the power conferred by that section; | 35 |
but | |
(b) subject to the modifications set out in sub-paragraph (4). | |
(4) Those modifications are— | |
(a) in section 40(2) (power to search and bore for the purpose of | |
ascertaining the nature of the subsoil or the presence of minerals) | 40 |
omit “or the presence of minerals therein”; and | |
(b) in section 40(3)(b) (three days’ notice to be given of an intended entry | |
upon occupied land) for the word “three” substitute “twenty eight”. | |
(5) Where, in an exercise of the power conferred by this paragraph, damage is | |
caused to land or to chattels, the code operator must— | 45 |
(a) make good the damage; or | |
| |
| |
|
| |
| |
(b) pay compensation in respect of the damage to every person | |
interested in the land or chattels. | |
(6) Where, in consequence of an exercise of the power conferred by this | |
paragraph, a person is disturbed in his enjoyment of any land or chattels, the | |
code operator must pay that person compensation in respect of the | 5 |
disturbance. | |
(7) Section 31 of the Land Development Values (Compensation) Act (Northern | |
Ireland) 1965 (c. 23 (N.I.)) (determination of disputes as to compensation) | |
applies to any question of disputed compensation under this paragraph as | |
it applies to such questions under Part 3 of that Act. | 10 |
Acquisition of land by agreement | |
9 (1) For the purpose of the acquisition by agreement by a code operator of land | |
in England and Wales, the provisions of Part 1 of the Compulsory Purchase | |
Act 1965 (c. 56) (so far as applicable), other than sections 4 to 8 (time limits, | |
notices to treat etc.) and section 31 (ecclesiastical property), apply as they | 15 |
apply for the purposes of that Act. | |
(2) For the purpose of the acquisition by agreement by a code operator of land | |
in Scotland, section 109(2) of the Town and Country Planning (Scotland) Act | |
1972 (c. 52) (incorporation of Lands Clauses Acts) applies, with any | |
necessary modifications, for the purposes of this Act as it applies for the | 20 |
purposes of that Act. | |
(3) For the purpose of the acquisition by agreement by a code operator of land | |
in Northern Ireland, the Lands Clauses Acts, except for sections 127 to 132 | |
(sale of superfluous land) and sections 150 and 151 (access to the special Act) | |
of the Lands Clauses Consolidation Act 1845 (c. 18), apply as they apply for | 25 |
the purposes of those Acts. | |
| |
Schedule 5 | |
Section 156 | |
Procedure for grants of recognised spectrum access | |
General procedure for applications | 30 |
1 (1) An application for a grant of recognised spectrum access shall be | |
determined in accordance with procedures prescribed in regulations made | |
by OFCOM. | |
(2) Section 396 applies to regulations made under this paragraph. | |
(3) The procedures must include provision for— | 35 |
(a) time limits for dealing with applications for a grant of recognised | |
spectrum access; | |
(b) requirements which must be met before a grant is made; | |
(c) the restrictions and conditions to which a grant may be made subject. | |
| |
| |
|
| |
| |
Information to be provided in connection with applications | |
2 The grounds on which a grant of recognised spectrum access may be refused | |
by OFCOM include a failure by the applicant to provide information which | |
OFCOM reasonably require in order to satisfy themselves that the applicant | |
is able to comply with restrictions or conditions to which the grant may be | 5 |
made subject. | |
Notice of proposed refusal of application | |
3 (1) Where OFCOM propose to refuse an application for a grant of recognised | |
spectrum access, they shall give notice to the applicant— | |
(a) stating the reasons for their proposal; and | 10 |
(b) specifying a period within which representations may be made | |
about the proposal. | |
(2) That period must be a period ending not less than one month after the day | |
of the giving of the notice. | |
Duration of grant | 15 |
4 A grant of recognised spectrum access continues in force, unless previously | |
revoked by OFCOM, for such period as may be specified in the notification | |
by which the grant is made. | |
Revocation or modification | |
5 OFCOM may revoke or modify a grant of recognised spectrum access, or the | 20 |
restrictions or conditions to which such a grant is subject, by a notice to the | |
person to whom the grant was made. | |
Notice of proposed revocation or modification | |
6 (1) Where OFCOM propose to revoke or modify a grant of recognised spectrum | |
access or a restriction or condition to which such a grant is subject, they shall | 25 |
give a notification to the holder of the grant— | |
(a) stating the reasons for their proposal; and | |
(b) specifying the period during which the person notified has an | |
opportunity to do the things specified in sub-paragraph (2). | |
(2) Those things are— | 30 |
(a) making representations about the proposal; and | |
(b) if the proposal is the result of a contravention of a restriction or | |
condition of the grant, complying with it. | |
(3) Subject to sub-paragraphs (4) to (6), the period for doing those things must | |
be the period of one month beginning with the day after the one on which | 35 |
the notification was given. | |
(4) OFCOM may, if they think fit, allow a longer period for doing those things | |
either— | |
(a) by specifying a longer period in the notification; or | |
(b) by subsequently, on one or more occasions, extending the specified | 40 |
period. | |
| |
| |
|
| |
| |
(5) The person notified shall have a shorter period for doing those things if a | |
shorter period is agreed between OFCOM and the person notified. | |
(6) The person notified shall also have a shorter period if— | |
(a) OFCOM have reasonable grounds for believing that the case is a case | |
of serious and repeated contravention or an urgent case; | 5 |
(b) they have determined that, in the circumstances, a shorter period | |
would be appropriate; and | |
(c) the shorter period has been specified in the notification. | |
(7) A case is an urgent case if the failure to revoke or modify the grant will result | |
in, or create an immediate risk of— | 10 |
(a) a serious threat to the safety of the public, to public health or to | |
national security; or | |
(b) serious economic or operational problems for persons, other than the | |
person in contravention, who— | |
(i) use stations or apparatus for wireless telegraphy; or | 15 |
(ii) are communications providers or make associated facilities | |
available. | |
(8) For the purposes of this paragraph a contravention of a restriction or | |
condition of a grant of recognised spectrum access is a repeated | |
contravention, in relation to a proposal to revoke or modify the grant, if it | 20 |
falls within sub-paragraph (9). | |
(9) A contravention falls within this sub-paragraph if— | |
(a) a previous notification under sub-paragraph (1) has been given in | |
respect of the same contravention or in respect of any other | |
contravention of a restriction or condition of the same grant; and | 25 |
(b) the subsequent notification under that sub-paragraph is given no | |
more than twelve months after the day of the making by OFCOM of | |
a determination for the purposes of sub-paragraph (10) that the | |
contravention to which the previous notification related did occur. | |
(10) Where OFCOM have given a notification under sub-paragraph (1), they | 30 |
shall, within the period of one month beginning with the end of the period | |
for the making of representations about the proposal contained in that | |
notification— | |
(a) decide whether or not to revoke or modify the grant of recognised | |
spectrum access in accordance with their proposal, or in accordance | 35 |
with that proposal but with modifications; and | |
(b) give the holder of the grant a notification of their decision. | |
(11) The notification under sub-paragraph (10)— | |
(a) must be given no more than one week after the making of the | |
decision to which it relates; and | 40 |
(b) must, in accordance with that decision, either revoke or modify the | |
grant or withdraw the proposal for revocation or modification. | |
(12) Nothing in this paragraph is to apply to— | |
(a) a revocation or modification to be made at the request or with the | |
consent of the holder of the grant; or | 45 |
(b) a revocation or modification that appears to OFCOM to be necessary | |
or expedient for the purpose of securing compliance with an | |
international obligation of the United Kingdom. | |
| |
| |
|
| |
| |
(13) The reference in sub-paragraph (9) to a contravention of a restriction or | |
condition of a grant includes a reference to a contravention of a restriction or | |
condition contained in any previous grant of which the grant in question is | |
a direct or indirect renewal. | |
Restriction on powers of revocation and modification | 5 |
7 (1) The conditions that OFCOM may include in a grant of recognised spectrum | |
access include conditions restricting the exercise by them of their power to | |
revoke or modify that grant. | |
(2) Those conditions include, in particular, conditions providing that the grant | |
may not be revoked or modified except— | 10 |
(a) with the consent of the holder of the grant; or | |
(b) in such other circumstances, and on such grounds, as may be | |
specified in the conditions. | |
(3) The circumstances or grounds— | |
(a) may relate to matters relevant for the purposes of any enactment | 15 |
(whether relating to wireless telegraphy or not), and | |
(b) may, in particular, be made dependent on the exercise of a statutory | |
discretion under any enactment. | |
(4) Nothing in any condition included in a grant of recognised spectrum access | |
shall restrict the power of OFCOM to revoke or modify a grant of recognised | 20 |
spectrum access if it appears to OFCOM to be necessary or appropriate to do | |
so— | |
(a) in the interests of national security; | |
(b) in the interests of the safety of the public or public health; or | |
(c) for the purpose of securing compliance with any international | 25 |
obligation of the United Kingdom. | |
Interpretation | |
8 In this Schedule, “stations for wireless telegraphy” and “apparatus for | |
wireless telegraphy” each has the same meaning as in the Wireless | |
Telegraphy Act 1949 (c. 54). | 30 |
Schedule 6 | |
Section 177 | |
Fixed penalties for wireless telegraphy offences | |
Offences to which this Schedule applies | |
1 (1) This Schedule applies to an offence under the Wireless Telegraphy Act 1949 | |
which— | 35 |
(a) is a summary offence; and | |
(b) is committed after the coming into force of section 177. | |
(2) Such an offence is referred to in this Schedule as a “relevant offence”. | |
| |
| |
|
| |
| |
Fixed penalties and fixed penalty notices | |
2 (1) The fixed penalty for a relevant offence is such amount as may be prescribed | |
in relation to that offence by regulations made by the Secretary of State. | |
(2) The amount prescribed by regulations under sub-paragraph (1) is not to be | |
more than 25 per cent. of the maximum fine on summary conviction for the | 5 |
offence in question. | |
(3) In this Schedule “fixed penalty notice” means a notice offering the | |
opportunity of the discharge of any liability to conviction of the offence to | |
which the notice relates by payment of a fixed penalty in accordance with | |
this Schedule. | 10 |
Issuing of fixed penalty notice | |
3 (1) If OFCOM have reason to believe that a person has committed a relevant | |
offence, they may send a fixed penalty notice to that person. | |
(2) If a procurator fiscal receives a report that a person has committed a relevant | |
offence in Scotland, he also shall have power to send a fixed penalty notice | 15 |
to that person. | |
(3) If an authorised person has, on any occasion, reason to believe that a | |
person— | |
(a) is committing a relevant offence, or | |
(b) has on that occasion committed a relevant offence, | 20 |
he may hand that person a fixed penalty notice. | |
(4) In this paragraph “authorised person” means a person authorised by | |
OFCOM, for the purposes of sub-paragraph (3), to issue fixed penalty | |
notices on OFCOM’s behalf. | |
(5) References in this Schedule to the person by whom a fixed penalty notice is | 25 |
issued, in relation to a notice handed to a person in accordance with sub- | |
paragraph (3), are references to OFCOM | |
Content of fixed penalty notice | |
4 (1) A fixed penalty notice must— | |
(a) state the alleged offence; | 30 |
(b) give such particulars of the circumstances alleged to constitute that | |
offence as are necessary for giving reasonable information about it; | |
(c) state the fixed penalty for that offence; | |
(d) specify the relevant officer to whom the fixed penalty may be paid | |
and the address at which it may be paid; | 35 |
(e) state that proceedings against the person to whom it is issued cannot | |
be commenced in respect of the offence until the end of the | |
suspended enforcement period; | |
(f) state that such proceedings cannot be commenced if the penalty is | |
paid within the suspended enforcement period; | 40 |
(g) inform the person to whom it is issued of his right to ask to be tried | |
for the alleged offence; and | |
(h) explain how that right may be exercised and the effect of exercising | |
it. | |
| |
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|
