{
  "url": "https://openlegislation.uk/wireless-telegraphy-act-2006/section-36",
  "json_url": "https://openlegislation.uk/wireless-telegraphy-act-2006/section-36.json",
  "legislation": "ukpga/2006/36",
  "legislation_title": "Wireless Telegraphy Act 2006",
  "legislation_url": "https://openlegislation.uk/wireless-telegraphy-act-2006",
  "path": "section/36",
  "kind": "section",
  "number": "36",
  "heading": "Keeping available for unauthorised use",
  "text": "(1) A person who has a wireless telegraphy station or wireless telegraphy apparatus in his possession or under his control commits an offence if—\n(a) he intends to use it in contravention of section 8; or\n(b) he knows, or has reasonable cause to believe, that another person intends to use it in contravention of that section.\n(2) A person who commits an offence under this section where the relevant contravention of section 8 would constitute an offence to which section 35(2) applies is liable—\n(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum or to both;\n(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.\n(3) 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.\n(4) A person who commits an offence under this section in relation to receiving apparatus is liable on summary conviction to a fine not exceeding level 3 on the standard scale.\n(5) 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.\n(6) 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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 36(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"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2006/36/section/36",
    "retrieved_at": "2026-10-29T09:14:06.331080+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."
}