Radio Equipment Act 1986

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AT 41 of 1986

RADIO EQUIPMENT ACT 1986

Radio Equipment Act 1986 Index


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RADIO EQUIPMENT ACT 1986

Index Section Page

1 Restriction on dealings in and custody of certain radio equipment........................ 5
2 Offences for breaches of s 1 ........................................................................................... 7
3 Forfeiture on conviction ................................................................................................. 7
4 Entry and search of premises, etc ................................................................................. 7
5 Seizure of equipment and other property used in committing offences ................ 8
6 Procedure for forfeiture of restricted equipment ....................................................... 9
7 Disposal of equipment and other property seized by virtue of s 5 ....................... 10
8 Offences by bodies corporate ...................................................................................... 11
9 Interpretation ................................................................................................................. 11
10 Short title and commencement ................................................................................... 12
ENDNOTES 13

TABLE OF LEGISLATION HISTORY 13
TABLE OF RENUMBERED PROVISIONS 13
TABLE OF ENDNOTE REFERENCES 13

Radio Equipment Act 1986 Section 1


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RADIO EQUIPMENT ACT 1986

Received Royal Assent: 24 July 1986
Passed: 21 October 1986
Commenced: 1 February 1987
AN ACT
to enable the Department of Home Affairs to prohibit the manufacture
or importation of certain wireless telegraphy apparatus; and for connected
purposes.
GENERAL NOTE:
The maximum fines in this Act are as increased by the Criminal
Justice (Penalties, Etc.) Act 1993 s 1.
1 Restriction on dealings in and custody of certain radio equipment

[P1980/12/77]
(1) Where it appears to the Department to be expedient to do so for the
purpose of preventing or reducing the risk of interference with wireless
telegraphy, it may make an order applying restrictions under this section
in relation to radio equipment of any class or description specified in the
order.
(2) Any of the following actions in relation to radio equipment is subject to
restriction under this section —
(a) manufacture (whether or not for sale);
(b) selling or offering for sale, letting on hire or offering to let on hire,
or indicating (whether by display of the equipment or by any
form of advertisement) a willingness to sell or let on hire;
(c) having in one’s custody or control; and
(d) importation.
(3) An order under this section shall specify such of the actions subject to
restriction under this section as are restricted by the order in the case of
radio equipment of any class or description specified in the order.
(4) Any action for the time being restricted by an order under this section in
the case of any radio equipment is prohibited by this section —
Section 1 Radio Equipment Act 1986


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(a) save with the authority of the Department and subject to
compliance with any terms and conditions attached by the
Department to that authority; or
(b) in the case of action within subsection (2)(c), save as mentioned in
paragraph (a) of this subsection, or as otherwise authorised by
law apart from this section.
(5) An authority given by the Department for the purposes of this section in
the case of radio equipment of any class or description specified in an
order under this section may be limited —
(a) to such of the actions restricted by the order; and
(b) to such subsidiary class or description of equipment within the
class or description specified in the order;
as may be specified in the authority.
(6) Any terms or conditions attached by the Department to any authority
under this section for manufacture or importation may relate to a period
after, as well as to the time of, or a period before, the manufacture or
importation.
(7) The authority of the Department may be given, and any terms or
conditions may be attached to it, either generally by means of a notice in
two newspapers published and circulating in the Island or by an
instrument in writing issued to each person authorised to do, in relation
to radio equipment of any class or description to which an order under
this section relates, anything for the time being restricted by the order.
(8) The Department shall not make any order under this section or give any
authority for the purposes of this section or attach any term or condition
to any such authority, unless the Department is satisfied that the order,
authority, term or condition in question is compatible with the
international obligations of the United Kingdom which extend to the
Island; and where any order or any notice or instrument in writing
giving such an authority or attaching any term or condition to such an
authority contains a statement that the Department is so satisfied, that
statement shall be evidence of that fact.
(9) Where the importation of radio equipment of any class or description is
for the time being restricted by an order under this section, the proper
officer may require any person having custody or control of any
equipment of that class or description which is being or has been
imported to furnish proof that the importation of the equipment is or
was not unlawful by virtue of this section; and if such proof is not
furnished to the satisfaction of the proper officer the equipment shall be
deemed, unless the contrary is proved, to be prohibited goods, and shall
be liable to forfeiture under the Customs and Excise Management Act.
(10) An order under this section shall be laid before Tynwald.
Radio Equipment Act 1986 Section 2


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2 Offences for breaches of s 1

Any person who —
(a) takes any action within section 1(2)(a) or (b) in relation to any
radio equipment in contravention of section 1(4); or
(b) without reasonable excuse has any radio equipment in his
custody or control in contravention of section 1(4); or
(c) contravenes or fails to comply with any term or condition
attached to any authority given by the Department for the
purposes of section 1 (whatever the action to which that authority
relates);
shall, without prejudice to any liability to a penalty which may be
incurred under the Customs and Excise Management Act, be guilty of an
offence and shall be liable on summary conviction to a fine of £5,000.
3 Forfeiture on conviction

[P1949/54/14]
(1) Where a person is convicted of an offence under section 2, the court may,
in addition to any other penalty, order all or any of the radio equipment
in connection with which the offence was committed, to be forfeited to
the Department.
(2) The power conferred by virtue of subsection (1) does not apply to
wireless telegraphy apparatus not designed or adapted for emission (as
opposed to reception).
(3) Radio equipment may be ordered to be forfeited under this section
notwithstanding that it is not the property of the person by whom the
offence giving rise to the forfeiture was committed, and any equipment
ordered to be forfeited under this section may be disposed of by the
Department in such manner as it thinks fit.
(4) The court by whom any radio equipment is ordered to be forfeited under
this section may also order the person by whom the offence giving rise to
the forfeiture was committed not to dispose of that equipment except by
delivering it up to the Department within forty-eight hours of being so
required by it.
(5) If a person against whom an order is made under subsection (4)
contravenes that order or fails to deliver up the apparatus to the
Department as required he shall be guilty of a further offence which shall
be treated as an offence under section 2.
4 Entry and search of premises, etc

[P1949/54/15]
(1) If a justice of the peace is satisfied by information on oath that there is
reasonable ground for suspecting that an offence under section 2 has
Section 5 Radio Equipment Act 1986


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been or is being committed, and that evidence of the commission of the
offence is to be found on any premises specified in the information, or in
any vehicle, vessel or aircraft so specified, he may grant a search warrant
authorising any person or persons authorised in that behalf by the
Department, with or without any constables, to enter, at any time within
one month from the date of the warrant, the premises specified in the
information or, as the case may be, the vehicle, vessel or aircraft so
specified and any premises upon which it may be, and to search the
premises or, as the case may be, the vehicle, vessel or aircraft, and to
examine and test any radio equipment found on the premises, vessel,
vehicle or aircraft.1

(2) Where under this section a person has a right to examine and test any
radio equipment on any premises or in any vessel, aircraft or vehicle, it
shall be the duty of any person who is on the premises, or is in charge of,
or in or in attendance on, the vessel, aircraft or vehicle, to give him any
such assistance as he may reasonably require in the examination or
testing of the equipment.
(2A) Without prejudice to any power exercisable by him apart from this
subsection, a person authorised by the Department to exercise any power
conferred by this section may use reasonable force, if necessary, in the
exercise of that power.2

(3) Any person who —
(a) obstructs any person in the exercise of the powers conferred on
him under this section; or
(b) fails or refuses to give any such person any assistance which he is
under this section under a duty to give to him; or
(c) discloses, otherwise than for the purposes of this Act or of any
report of proceedings thereunder, any information obtained by
means of the exercise of powers under this Act, being information
with regard to any manufacturing process or trade secret,

shall be guilty of an offence and shall be liable on summary conviction to
a fine not exceeding £5,000.
5 Seizure of equipment and other property used in committing offences

[P1984/12/79]
(1) Where a search warrant is granted under section 4 the warrant may
authorise any person authorised by the Department to exercise the
power conferred by this subsection to seize and detain, for the purposes
of any relevant proceedings, any radio equipment or other thing found
in the course of the search carried out in pursuance of the warrant which
appears to him to have been used in connection with or to be evidence of
the commission of any offence under section 2.3

Radio Equipment Act 1986 Section 6


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(2) If a constable or any person authorised by the Department to exercise the
power conferred by this subsection has reasonable grounds to suspect
that an offence under section 2 has been or is being committed, he may
seize and detain, for the purposes of any relevant proceedings, any radio
equipment or other thing which appears to him to have been used in
connection with or to be evidence of the commission of any such offence.
(3) Nothing in this section shall prejudice any power to seize or detain
property which is exercisable by a constable apart from this section.
(3A) Without prejudice to any power exercisable by him apart from this
subsection, a person authorised by the Department to exercise any power
conferred by this section may use reasonable force, if necessary, in the
exercise of that power.4

(4) Any person who intentionally obstructs any person in the exercise of the
power conferred on him under subsection (2) shall be guilty of an offence
and shall be liable on summary conviction to a fine not exceeding £5,000.
(5) References in this section to relevant proceedings are references to —
(a) any proceedings for an offence under section 2; and
(b) any proceedings for forfeiture under section 6.
6 Procedure for forfeiture of restricted equipment

[P1984/12/80]
(1) Radio equipment is restricted equipment for the purposes of this section
if custody or control of equipment of any class or description to which it
belongs is for the time being restricted by an order under section 1.
(2) Where any restricted equipment is seized in pursuance of a warrant
under section 4(1) or in exercise of the power conferred by section 5(2), a
constable or any person authorised by the Department for the purpose
may apply to the High Bailiff to initiate proceedings for forfeiture of the
equipment under this section.
(3) An application under this section must be made within the period of six
months beginning with the date on which the equipment to which it
relates was seized.
(4) The High Bailiff may issue a summons to any person appearing to him to
be the owner of or otherwise interested in the equipment to which the
application relates requiring him to appear before him on a day specified
in the summons to show cause why the equipment should not be
forfeited.
(5) In addition to the person summoned, any other person claiming to be the
owner of or otherwise interested in any equipment to which an
application under this section relates shall be entitled to appear before
the court on the day specified in the summons to show cause why it
should not be forfeited.
Section 7 Radio Equipment Act 1986


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(6) Subject to the following provisions of this section, where any radio
equipment is brought before the High Bailiff in proceedings under this
section and he is satisfied that the equipment is restricted equipment, he
shall order the equipment to be forfeited to the Department, unless the
person summoned or any other person entitled to appear before the
court for that purpose shows cause why the equipment should not be
forfeited.
(7) Where in any proceedings under this section an order is made for the
forfeiture of any restricted equipment, any person who appeared, or was
entitled to appear, to show cause against the making of the order may
appeal to the Staff of Government Division (civil jurisdiction).
(8) No order for the forfeiture of any restricted equipment made under this
section shall take effect —
(a) until the end of the period of twenty-one days after the day on
which the order is made; or
(b) if appeal proceedings are brought in respect of the order within
that period, until the conclusion of those proceedings.
(9) If the High Bailiff does not order forfeiture of any radio equipment
brought before him in proceedings under this section he may if he thinks
fit order the person on whose application the proceedings were initiated
to pay such costs as he thinks reasonable to any person who has
appeared before him to show cause why the equipment should not be
forfeited; and costs ordered to be paid under this subsection shall be
enforceable as a civil debt.
(10) Any restricted equipment ordered to be forfeited under this section may
be disposed of by the Department in such manner as it thinks fit.
7 Disposal of equipment and other property seized by virtue of s 5

[P1984/12/83]
(1) Any property seized by a person authorised by the Department in
pursuance of a warrant under section 4(1) or in exercise of the power
conferred by section 5(2) may be detained —
(a) until the end of the period of six months beginning with the date
of the seizure; or
(b) if proceedings for an offence under section 2 involving that
property or proceedings for forfeiture of that property under
section 6 are instituted within that period, until the conclusion of
those proceedings.
(2) After the end of the period for which its detention is authorised by virtue
of subsection (1), any such property which —
(a) remains in the possession of the Department; and
Radio Equipment Act 1986 Section 8


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(b) has not been ordered to be forfeited under section 3 or under
section 6;
shall be dealt with in accordance with the following provisions of this
section (and references in those provisions to the relevant property are
references to any property to which this subsection applies).
(3) The Department shall take reasonable steps to deliver the relevant
property to any person appearing to it to be its owner.
(4) Where the relevant property remains in the possession of the
Department after the end of the period of one year immediately
following the end of the period for which its detention is authorised by
subsection (1), the Department may dispose of it in such manner as it
thinks fit.
(5) The delivery of the relevant property in accordance with subsection (3) to
any person appearing to the Department to be its owner shall not affect
the right of any other person to take legal proceedings against the person
to whom it is delivered or against anyone subsequently in possession of
the property for the recovery of the property.
8 Offences by bodies corporate

Where any offence under this Act has been committed by a body corporate,
every person who at the time of the commission of the offence was a director,
manager, secretary or other similar officer of the body corporate, or was
purporting to act in any such capacity, shall be deemed to be guilty of that
offence unless he proves that the offence was committed without his consent or
connivance, or that he exercised all such diligence to prevent the commission of
the offence as he ought to have exercised having regard to the nature of his
functions in that capacity and in all the circumstances.
9 Interpretation

(1) In this Act —
“the Department
” means the Department of Home Affairs;
“Customs and Excise Management Act
” means the Customs and Excise
Management Act 1986;
“interference
” means the prejudicing by any emission or reflection of electro-
magnetic energy of the fulfilment of the purposes of the telegraphy
(either generally or in part, and, without prejudice to the generality of the
preceding words, as respects all, or as respects any, of the recipients or
intended recipients of any message, sound or visual image intended to
be conveyed by the telegraphy);
“manufacture
” includes construction by any method and the assembly of
component parts;
Section 10 Radio Equipment Act 1986


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“proper officer
” has the same meaning as in the Customs and Excise
Management Act;
“radio equipment
” means wireless telegraphy apparatus and any apparatus
designed or adapted for use in connection with wireless telegraphy
apparatus, and “equipment
” shall be construed accordingly;
“wireless telegraphy
” means the emitting or receiving, over paths which are
not provided by any material substance constructed or arranged for that
purpose, of electro-magnetic energy of a frequency not exceeding three
million megacycles a second, being energy which either —
(a) serves for the conveying of messages, sound or visual images
(whether the messages, sound or images are actually received by
any person or not), or for the actuation or control of machinery or
apparatus; or
(b) is used in connection with the determination of position, bearing
or distance, or for the gaining of information as to the presence,
absence, position or motion of any object or of any objects of any
class, and references to “wireless telegraphy apparatus
” shall be
construed as references to apparatus for the emitting or receiving
as aforesaid of such electro-magnetic energy as aforesaid.
(2) Any reference in this Act to the emission of electro-magnetic energy, or
to emission (as opposed to reception), shall be construed as including a
reference to the deliberate reflection of electro-magnetic energy by means
of any apparatus designed or specially adapted for that purpose,
whether the reflection is continuous or intermittent.
(3) Any reference in this Act to the sending or the conveying of messages
includes a reference to the making of any signal or the sending or
conveying of any warning or information, and any reference to the
reception of messages shall be construed accordingly.
10 Short title and commencement

(1) This Act may be cited as the Radio Equipment Act 1986.
(2) This Act shall come into operation on the 1st February 1987.
Radio Equipment Act 1986 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (1) amended by Broadcasting Act 1993 Sch 4. 2
Subs (2A) inserted by Broadcasting Act 1993 Sch 4. 3
Subs (1) amended by Broadcasting Act 1993 Sch 4. 4
Subs (3A) inserted by Broadcasting Act 1993 Sch 4.