Section 42 Fraudulent use of telecommunication system.

United Kingdom

(F11)

A person who dishonestly obtains a F2service to which this subsection applies with intent to avoid payment of any charge applicable to the provision of that service shall be guilty of an offence and liable—

(a)

on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding F3five years or to a fine or to both.

(2)

F4Subsection (1) above applies to any service (other than a service F5such as is mentioned in section 297(1) of the Copyright, Designs and Patents Act 1988) which is provided by means of a telecommunication system the running of which is authorised by a licence granted under section 7 above.

Annotations

Textual amendments

F1: S. 42 repealed (25.7.2003 for specified purposes, 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with Sch. 18, Sch. 19(1) Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3, Sch. 1 (with art. 11)
F2: Words substituted by Cable and Broadcasting Act 1984 (c. 46, SIF 96), Sch. 5 para.45(2)
F3: Words in s. 42(1)(b) substituted (27.4.1997) by 1997 c. 4, ss. 2(1) 3(3) (with s. 2(2))
F4: Words substituted by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1), Sch. 5 para. 45(3)
F5: Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 38(3)

Notes on Part II

Modifications

C1: Pt. II (ss. 5-46) excluded (23.6.1999) by S.I. 1999/1736, art. 7(4)