# Wireless Telegraphy Act 2006, Section 36: Keeping available for unauthorised use


(1) A person who has a wireless telegraphy station or wireless telegraphy apparatus in his possession or under his control commits an offence if—
(a) he intends to use it in contravention of section 8; or
(b) he knows, or has reasonable cause to believe, that another person intends to use it in contravention of that section.
(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—
(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;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(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.
(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.
(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.
(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.

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Source: https://www.legislation.gov.uk/ukpga/2006/36/section/36 (the official version)
Page: https://openlegislation.uk/wireless-telegraphy-act-2006/section-36
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.