Explanatory note

These Regulations do not create any new criminal offence but prescribe the amount of the fixed penalty which is to apply to any summary offence under the Wireless and Telegraphy Act 2006 (“the Act”) (other than Part 4), which is committed after these Regulations come into force.

Paragraph 2(1) of Schedule 4 to the Act enables the Secretary of State to prescribe the fixed penalty for a relevant offence. ‘Relevant offence’ is defined in paragraph 1 of Schedule 4 as an offence under the Act (other than under Part 4) which is a summary offence.

Regulation 3 provides that the fixed penalty is to be £100. Paragraph 2(2) of Schedule 4 to the Act provides that the amount of the fixed penalty cannot be more than 25 per cent of the maximum fine on summary conviction for the offence in question. Maximum fines for relevant offences range from Level 3 (£1,000) to Level 5 (£5,000).

A full regulatory impact assessment for these fixed penalty notices was published in December 2005 (http://www.bis.gov.uk/files/file15286.pdf). The Better Regulation Executive have advised that under current policy a formal impact assessment is not required. The impact assessment published in December 2005 is available from the Department for Culture, Media and Sport, Information Economy Division, 2-4 Cockspur Street, London SW1Y 5DH and is also available electronically at www.culture.gov.uk.