Section 58 Contravening notice under section 55 or 56

(1)

A person commits an offence if—

(a)

he uses apparatus, or causes or permits apparatus to be used, knowing that a notice under section 55 is in force with respect to it; and

(b)

the use of the apparatus contravenes the notice.

(2)

A person who commits an offence under subsection (1) is liable on summary conviction—

(a)

if the offence is one that falls within subsection (6), to a fine not exceeding level 5 on the standard scale;

(b)

otherwise, to a fine not exceeding level 3 on the standard scale.

(3)

In the application of subsection (2) to Scotland or Northern Ireland, paragraph (a) has effect as if for the words “to a fine not exceeding level 5 on the standard scale” there were substituted “ to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both ”.

(4)

A person commits an offence if he contravenes the provisions of a notice given to him under section 56 (unless the notice has previously been revoked by OFCOM).

(5)

A person who commits an offence under subsection (4) is liable on summary conviction—

(a)

if the offence is one that falls within subsection (6), to a fine not exceeding level 5 on the standard scale;

(b)

otherwise, to a fine not exceeding level 3 on the standard scale.

(6)

An offence falls within this subsection if it involves or consists in a contravention of a notice under section 55 or 56 in relation to apparatus the use of which is likely to cause undue interference with wireless telegraphy used—

(a)

for the purpose of a safety of life service; or

(b)

for a purpose on which the safety of a person, or of a ship, aircraft or vehicle, may depend.