c. 12
Telecommunications Act 1984
PART
II
PROVISION OF TELECOMMUNICATION SERVICES
Licensing etc. of telecommunication systems
Prohibition on
5.-(1) Subject to the provisions of this section and section 6
running
below, a person who runs a telecommunication system within
unlicensed
the United Kingdom shall be guilty of an offence unless he is
systems.
authorised to run the system by a licence granted under section
7 below.
(2) Subject to the provisions of this section, a person who
runs within the United Kingdom a telecommunication system
which he is authorised to run by a licence granted under section
7 below shall be guilty of an offence
(a) there is connected to the system(i) any other telecommunication system ; or
(ii) any apparatus,
which is not authorised by the licence to be so connected ; or
(b) there are provided by means of the system any telecommunication services which are not authorised by the
licence to be so provided.
if-
(3)
A person guilty of an offence under this section shall be
liable-
summary conviction, to a fine not exceeding the
statutory maximum ;
(b) on conviction on indictment, to a fine.
(a) on
(4) Where the commission by any person of an offence under
this section is due to the act or default of some other person,
that other person shall be guilty of the offence ; and a person
may be charged with and convicted of the offence by virtue of
this subsection whether or not proceedings are taken against
the first-mentioned person.
(5) In any proceedings for an offence under this section it shall,
subject to subsection (6) below, be a defence for the person
charged to prove that he took all reasonable steps and exercised
all due diligence to avoid committing the offence.
(6) Where the defence provided by subsection (5) above involves an allegation that the commission of the offence was
due to the act or default of another person, the person charged
shall not, without leave of the court, be entitled to rely on that
defence unless, within a period ending seven clear days before
the hearing, he has served on the prosecutor a notice in writing
giving such information identifying or assisting in the identification of that other person as was then in his possession.