Section 35 Unauthorised use etc of wireless telegraphy station or apparatus
A person commits an offence if he contravenes section 8.
A person who commits an offence under this section consisting in the establishment or use of a wireless telegraphy station, or the installation or use of wireless telegraphy apparatus, for the purpose of making a broadcast is liable—
on summary conviction, to imprisonment for a term not exceeding F1the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum or to both;
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
In the application of subsection (2) to Scotland or Northern Ireland the reference to 12 months is to be read as a reference to six months.
A person who commits an offence under this section consisting in the installation or use of receiving apparatus is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A person who commits an offence under this section other than one falling within subsection (2) or (4) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale or to both.
In the application of subsection (5) to Scotland or Northern Ireland the reference to 51 weeks is to be read as a reference to six months.
In this section “broadcast” has the same meaning as in Part 5.
Annotations
Textual amendments
- F1
Words in s. 35(2)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1