{
  "url": "https://openlegislation.uk/radio-equipment-and-telecommunications-terminal-equipment-regulations-2000/schedule-9/paragraph-12",
  "json_url": "https://openlegislation.uk/radio-equipment-and-telecommunications-terminal-equipment-regulations-2000/schedule-9/paragraph-12.json",
  "legislation": "uksi/2000/730",
  "legislation_title": "The Radio Equipment and Telecommunications Terminal Equipment Regulations 2000",
  "legislation_url": "https://openlegislation.uk/radio-equipment-and-telecommunications-terminal-equipment-regulations-2000",
  "path": "schedule/9/paragraph/12",
  "kind": "paragraph",
  "number": "12",
  "heading": null,
  "text": "Appeals against detention of apparatus\n(1) Any person having an interest in any apparatus which is for the time being detained under any provision of this Part of this Schedule by OFCOM or by an officer of OFCOM may apply for an order requiring the apparatus to be released to him or to another person.\n(2) An application under this paragraph may be made—\n(a) to any magistrates' court in which proceedings have been brought in England and Wales or Northern Ireland—\n(i) for an offence in respect of a contravention in relation to the apparatus of any regulation; or\n(ii) for the forfeiture of the apparatus under paragraph 21;\n(b) where no such proceedings have been so brought, by way of complaint to a magistrates' court; or\n(c) in Scotland, by summary application to the sheriff.\n(3) On an application under this paragraph to a magistrates' court or to the sheriff, an order requiring apparatus to be released shall be made only if the court or sheriff is satisfied—\n(a) that proceedings—\n(i) for an offence in respect of a contravention in relation to the apparatus of any regulation; or\n(ii) for the forfeiture of the apparatus under paragraph 21 or 22,\nhave not been brought or, having been brought, have been concluded without the apparatus being forfeited; and\n(b) where no such proceedings have been brought, that more than six months have elapsed since the apparatus was seized.\n(4) Any person aggrieved by an order made under this paragraph by a magistrates' court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision—\n(a) in England and Wales, to the Crown Court;\n(b) in Northern Ireland, to the county court;\nand an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Regulations revoked (with savings) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), regs. 1, 78(1) (with regs. 3-5, 77, 78(2)); and Regulations (as saved) modified (E.W.S.) (31.12.2020) by S.I. 2017/1206, reg. 78(2)(2A) (as amended by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 29 para. 45(3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1))"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Sch. 9 substituted (29.12.2003) by The Radio Equipment and Telecommunications Terminal Equipment (Amendment No. 2) Regulations 2003 (S.I. 2003/3144), regs. 1, 2(10)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 9 para. 12(1) substituted (1.10.2015) by The Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 (S.I. 2015/1630), art. 1, Sch. 2 para. 34(4)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2000/730/schedule/9/paragraph/12",
    "retrieved_at": "2026-10-29T09:17:51.704229+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}