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(2) The suspended enforcement period for the purposes of this Schedule is— | |
(a) the period of one month beginning with the day after that on which | |
the fixed penalty notice was issued; or | |
(b) such longer period as may be specified in the notice. | |
Withdrawal of fixed penalty notice | 5 |
5 If it appears to a person who has issued a fixed penalty notice that it was | |
wrongly issued— | |
(a) he may withdraw the notice by a further notice to the person to | |
whom it was issued; and | |
(b) if he does so, the relevant officer must repay any amount paid in | 10 |
respect of the penalty. | |
Notification to person to whom payment is to be made | |
6 A person who issues or withdraws a fixed penalty notice shall send a copy | |
of the notice or (as the case may be) of the notice of withdrawal to the | |
relevant officer specified in the notice being issued or withdrawn. | 15 |
Effect of fixed penalty notice | |
7 (1) This paragraph applies if a fixed penalty notice is issued to a person (“the | |
alleged offender”). | |
(2) Proceedings for the offence to which the notice relates cannot be brought | |
against the alleged offender until the person who issued the notice has been | 20 |
notified by the relevant officer specified in the notice that payment of the | |
fixed penalty has not been made within the suspended enforcement period. | |
(3) If the alleged offender asks to be tried for the alleged offence— | |
(a) sub-paragraph (2) does not apply; and | |
(b) proceedings may be brought against him. | 25 |
(4) Such a request must be made by a notice given by the alleged offender— | |
(a) in the manner specified in the fixed penalty notice; and | |
(b) before the end of the suspended enforcement period. | |
(5) A request which is made in accordance with sub-paragraph (3) is referred to | |
in this Schedule as a “request to be tried”. | 30 |
Payment of fixed penalty | |
8 (1) If the alleged offender decides to pay the fixed penalty, he must pay it to the | |
relevant officer specified in the notice. | |
(2) Payment of the penalty may be made by properly addressing, pre-paying | |
and posting a letter containing the amount of the penalty (in cash or | 35 |
otherwise). | |
(3) Sub-paragraph (4) applies if a person— | |
(a) claims to have made payment by that method; and | |
(b) shows that his letter was posted. | |
(4) Unless the contrary is proved, payment is to be regarded as made at the time | 40 |
at which the letter would be delivered in the ordinary course of post. | |
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(5) Sub-paragraph (2) is not to be read as preventing the payment of a penalty | |
by other means. | |
(6) A letter is properly addressed for the purposes of sub-paragraph (2) if it is | |
addressed in accordance with the requirements specified in the fixed | |
penalty notice. | 5 |
Effect of payment | |
9 If the fixed penalty specified in a fixed penalty notice is paid within the | |
period specified in that notice, no proceedings for the offence to which that | |
notice relates may be brought against the alleged offender. | |
Service of statement and proof of service | 10 |
10 (1) This paragraph applies to proceedings for a relevant offence. | |
(2) A certificate by OFCOM— | |
(a) that a copy of a statement by a person authorised by OFCOM was | |
included in, or given with, a fixed penalty notice, | |
(b) that the notice was a notice with respect to the relevant offence, and | 15 |
(c) that that notice was issued to the accused on a date specified in the | |
certificate, | |
is evidence that a copy of the statement was served on the alleged offender | |
by delivery to him on that date. | |
(3) The statement is to be treated as properly served for the purposes of— | 20 |
(a) section 9 of the Criminal Justice Act 1967 (c. 80) (proof by written | |
statement), and | |
(b) section 1 of the Criminal Justice (Miscellaneous Provisions) Act | |
(Northern Ireland) 1968 (c. 28 (N.I.)) (which contains corresponding | |
provision for Northern Ireland), | 25 |
even though the manner of service is not authorised by subsection (8) of | |
either of those sections. | |
(4) Sub-paragraphs (5) and (6) apply to any proceedings in which service of a | |
statement is proved by a certificate under this paragraph. | |
(5) For the purposes of— | 30 |
(a) section 9(2)(c) of the Criminal Justice Act 1967 (copy of statement to | |
be tendered in evidence to be served before hearing on other parties | |
to the proceedings by or on behalf of the party proposing to tender | |
it), and | |
(b) section 1(2)(c) of the Criminal Justice (Miscellaneous Provisions) Act | 35 |
(Northern Ireland) 1968 (which contains corresponding provision | |
for Northern Ireland), | |
service of the statement is to be taken to have been effected by or on behalf | |
of the prosecutor. | |
(6) If the alleged offender makes a request to be tried— | 40 |
(a) section 9(2)(d) of the Criminal Justice Act 1967 (time for objection), | |
and | |
(b) section 1(2)(d) of the Criminal Justice (Miscellaneous Provisions) Act | |
(Northern Ireland) 1968 (which contains corresponding provision | |
for Northern Ireland), | 45 |
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are to apply with the substitution, for the reference to seven days from the | |
service of the copy of the statement, of a reference to seven days beginning | |
with the day after the one on which the request to be tried was made. | |
(7) This paragraph does not extend to Scotland. | |
Certificate about payment | 5 |
11 In any proceedings, a certificate— | |
(a) that payment of a fixed penalty was, or was not, received by the | |
relevant officer specified in the fixed penalty notice by a date | |
specified in the certificate, or | |
(b) that a letter containing an amount sent by post in payment of a fixed | 10 |
penalty was marked as posted on a date specified in the certificate, | |
shall, if the certificate purports to be signed by that officer, be evidence (and | |
in Scotland sufficient evidence) of the facts stated. | |
Regulations | |
12 The Secretary of State may by regulations make provision as to any matter | 15 |
incidental to the operation of this Schedule, and in particular— | |
(a) for prescribing any information or further information to be | |
provided in a notice, notification, certificate or receipt; | |
(b) for prescribing the duties of relevant officers and the information to | |
be supplied to and by them. | 20 |
Interpretation | |
13 In this Schedule “relevant officer” means— | |
(a) in relation to England and Wales, the justices’ chief executive; | |
(b) in relation to Scotland, the clerk of court; and | |
(c) in relation to Northern Ireland, the clerk of petty sessions. | 25 |
Schedule 7 | |
Section 179 | |
Seizure and forfeiture of apparatus | |
Application of Schedule | |
1 (1) This Schedule applies to restricted apparatus seized, after the coming into | |
force of this Schedule— | 30 |
(a) in pursuance of a warrant granted under section 15(1) of the Wireless | |
Telegraphy Act 1949 (c. 54); or | |
(b) in the exercise of the power conferred by section 79(3) of the | |
Telecommunications Act 1984 (c. 12). | |
(2) Apparatus is restricted apparatus for the purposes of this Schedule if | 35 |
custody or control of apparatus of any class or description to which it | |
belongs is for the time being restricted by an order under section 7 of the | |
Wireless Telegraphy Act 1967 (c. 72). | |
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Notice of seizure | |
2 (1) OFCOM must give notice of the seizure of the restricted apparatus to every | |
person who, to their knowledge, was at the time of the seizure the owner or | |
one of the owners of the apparatus. | |
(2) The notice must set out the grounds of the seizure. | 5 |
(3) Where there is no proper address for the purposes of the service of a notice | |
under sub-paragraph (1) in a manner authorised by section 387, the | |
requirements of that sub-paragraph shall be satisfied by the publication of a | |
notice of the seizure (according to the part of the United Kingdom where the | |
seizure took place) in the London, Edinburgh or Belfast Gazette. | 10 |
(4) Apparatus may be condemned or taken to have been condemned under this | |
Schedule only if the requirements of this paragraph have been complied | |
with in the case of that apparatus. | |
Notice of claim | |
3 A person claiming that the restricted apparatus is not liable to forfeiture | 15 |
must give written notice of his claim to OFCOM. | |
4 (1) A notice of claim must be given within one month after the day of the giving | |
of the notice of seizure. | |
(2) A notice of claim must specify— | |
(a) the name and address of the claimant; and | 20 |
(b) in the case of a claimant who is outside the United Kingdom, the | |
name and address of a solicitor in the United Kingdom who is | |
authorised to accept service of process and to act on behalf of the | |
claimant. | |
(3) Service of process upon a solicitor so specified is to be taken to be proper | 25 |
service upon the claimant. | |
Condemnation | |
5 The restricted apparatus is to be taken to have been duly condemned as | |
forfeited if— | |
(a) by the end of the period for the giving of a notice of claim in respect | 30 |
of the apparatus, no such notice has been given to OFCOM; or | |
(b) a notice of claim is given which does not comply with the | |
requirements of paragraphs 3 and 4. | |
6 (1) Where a notice of claim in respect of the restricted apparatus is duly given | |
in accordance with paragraphs 3 and 4, OFCOM may take proceedings for | 35 |
the condemnation of that apparatus by the court. | |
(2) In any such proceedings— | |
(a) if the court finds that the apparatus was liable to forfeiture at the time | |
of seizure, it must condemn the apparatus as forfeited unless cause | |
is shown why it should not; and | 40 |
(b) if the court finds that the apparatus was not liable to forfeiture at that | |
time, or cause is shown why it should not be forfeited, the court must | |
order the return of the apparatus to the person appearing to the court | |
to be entitled to it. | |
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(3) If OFCOM decide not to take proceedings for condemnation in a case in | |
which a notice of claim has been so given, they must return the apparatus to | |
the person appearing to them to be the owner of the apparatus, or to one of | |
the persons appearing to them to be the owners of it. | |
(4) Apparatus required to be returned in accordance with sub-paragraph (3) | 5 |
must be returned as soon as reasonably practicable after the decision not to | |
take proceedings for condemnation. | |
(5) OFCOM’s decision whether to take such proceedings must be taken as soon | |
as reasonably practicable after the receipt of the notice of claim. | |
7 Where the restricted apparatus is condemned or taken to have been | 10 |
condemned as forfeited, the forfeiture is to have effect as from the time of the | |
seizure. | |
Proceedings for condemnation by court | |
8 Proceedings for condemnation are civil proceedings and may be | |
instituted— | 15 |
(a) in England or Wales, either in the High Court or in a magistrates’ | |
court; | |
(b) in Scotland, either in the Court of Session or in the sheriff court; | |
(c) in Northern Ireland, either in the High Court or in a court of | |
summary jurisdiction. | 20 |
9 Proceedings for the condemnation of restricted apparatus instituted in a | |
magistrates’ court in England or Wales, in the sheriff court in Scotland or in | |
a court of summary jurisdiction in Northern Ireland may be so instituted— | |
(a) in any such court having jurisdiction in a place where an offence | |
under section 7 of the Wireless Telegraphy Act 1967 (c. 72) involving | 25 |
that apparatus was committed; | |
(b) in any such court having jurisdiction in proceedings for such an | |
offence; | |
(c) in any such court having jurisdiction in the place where the claimant | |
resides or, if the claimant has specified a solicitor under paragraph 4, | 30 |
in the place where that solicitor has his office; or | |
(d) in any such court having jurisdiction in the place where that | |
apparatus was seized or to which it was first brought after being | |
seized. | |
10 (1) In proceedings for condemnation that are instituted in England and Wales | 35 |
or Northern Ireland, the claimant or his solicitor must make his oath that the | |
seized apparatus was, or was to the best of his knowledge and belief, the | |
property of the claimant at the time of the seizure. | |
(2) In proceedings for condemnation instituted in the High Court— | |
(a) the court may require the claimant to give such security for the costs | 40 |
of the proceedings as may be determined by the court; and | |
(b) the claimant must comply with any such requirement. | |
(3) If a requirement of this paragraph is not complied with, the court shall give | |
judgment for OFCOM. | |
11 (1) In the case of proceedings for condemnation instituted in a magistrates’ | 45 |
court in England or Wales, either party may appeal against the decision of | |
that court to the Crown Court. | |
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(2) In the case of proceedings for condemnation instituted in a court of | |
summary jurisdiction in Northern Ireland, either party may appeal against | |
the decision of that court to the county court. | |
(3) This paragraph does not affect any right to require the statement of a case for | |
the opinion of the High Court. | 5 |
12 Where an appeal has been made (whether by case stated or otherwise) | |
against the decision of the court in proceedings for the condemnation of | |
restricted apparatus, that apparatus is to be left with OFCOM pending the | |
final determination of the matter. | |
Disposal of unclaimed property | 10 |
13 (1) This paragraph applies where a requirement is imposed by or under this | |
Schedule for apparatus to be returned to a person. | |
(2) If the apparatus is still in OFCOM’s possession after the end of the period of | |
twelve months beginning with the day after the requirement to return it | |
arose, OFCOM may dispose of it in any manner they think fit. | 15 |
(3) OFCOM may exercise their power under this paragraph to dispose of | |
apparatus only if it is not practicable at the time when the power is exercised | |
to dispose of the apparatus by returning it immediately to the person to | |
whom it is required to be returned. | |
Provisions as to proof | 20 |
14 In proceedings arising out of the seizure of restricted apparatus, the fact, | |
form and manner of the seizure is to be taken, without further evidence and | |
unless the contrary is shown, to have been as set forth in the process. | |
15 In any proceedings, the condemnation by a court of restricted apparatus as | |
forfeited may be proved by the production of either— | 25 |
(a) the order or certificate of condemnation; or | |
(b) a certified copy of the order purporting to be signed by an officer of | |
the court by which the order or certificate was made or granted. | |
Special provisions as to certain claimants | |
16 (1) This paragraph applies for the purposes of a claim to the restricted | 30 |
apparatus, and of proceedings for its condemnation. | |
(2) Where, at the time of the seizure, the apparatus is— | |
(a) the property of a body corporate, | |
(b) the property of two or more partners, or | |
(c) the property of more than five persons, | 35 |
the oath required by paragraph 10 to be taken by the claimant, and any other | |
thing required by this Schedule or by rules of court to be done by the owner | |
of the apparatus, may be done by a person falling within sub-paragraph (3) | |
or by a person authorised to act on his behalf. | |
(3) The persons falling within this sub-paragraph are— | 40 |
(a) where the owner is a body corporate, the secretary or some duly | |
authorised officer of that body; | |
(b) where the owners are in partnership, any one or more of the owners; | |
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(c) where there are more than five owners and they are not in | |
partnership, any two or more of the owners acting on behalf of | |
themselves and any of their co-owners who are not acting on their | |
own behalf. | |
Saving for owner’s rights | 5 |
17 Neither the imposition of a requirement by or under this Schedule to return | |
apparatus to a person nor the return of apparatus to a person in accordance | |
with such a requirement affects— | |
(a) the rights in relation to that apparatus of any other person; or | |
(b) the right of any other person to enforce his rights against the person | 10 |
to whom it is returned. | |
Schedule 8 | |
Section 189 | |
Decisions not subject to appeal | |
Prosecutions and civil proceedings | |
1 A decision to institute, bring or carry on any criminal or civil proceedings. | 15 |
2 A decision (other than one under section 116) to take preliminary steps for | |
the purpose of enabling any such proceedings to be instituted. | |
This Act | |
3 A decision relating to the making or revision of a statement under section 35. | |
4 A decision required to be published in a notification under section 41(4). | 20 |
5 A decision given effect to by an order under section 52. | |
6 A decision given effect to by regulations under section 63. | |
7 A decision given effect to by regulations under section 68. | |
8 A decision required to be published in a notification under section 105(4). | |
9 A decision given effect to by an order under section 119. | 25 |
10 A decision relating to the making or revision of a statement under section | |
128. | |
11 A decision given effect to by an order under section 131(6). | |
12 A decision relating to the making or revision of a statement under section | |
142. | 30 |
13 A decision relating to the publication of the United Kingdom Plan for | |
Frequency Authorisation. | |
14 A decision in exercise of the functions conferred on OFCOM by section 149 | |
as to— | |
(a) the services, records and advice to be provided, maintained or given | 35 |
by them; | |
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