c. 12
136
ScH. 2
Telecommunications Act 1984
in all the circumstances to treat the giving of the Telegraph Acts
notice or the making of the application in question as equivalent
to the taking of the steps specified in the notice under that subparagraph ; but unless the court sets aside the notice under that
sub-paragraph, the steps specified in the notice shall be treated as
having been taken and any proceedings already commenced shall
be continued accordingly.
1950 c. 39.
1945 c. 42.
1980 c 45.
(10) Where before this code comes into force anything has, in connection with the exercise by the operator of any power conferred
on him by the Telegraph Acts 1863 to 1916, been done under or
for the purposes of the street works code contained in the Public
Utilities Street Works Act 1950, that thing shall, in so far as it could
have been done in connection with the exercise of any power conferred by this code, have effect after this code comes into force,
without any notice being given under sub-paragraph (7) above, as if it
had been done in connection with the power conferred by this code.
(11) In relation to anything done under section 5 of Schedule 3
to the Water Act 1945 or section 5 of Schedule 4 to the Water
(Scotland) Act 1980 before the coming into force of this code, the
preceding provisions of this paragraph shall have effect, so far as
the context permits, as if references to the Telegraph Acts 1863 to
1916 included references to that section.
(12) References in this paragraph to the coming into force of
this code shall have effect as references to the time at which the
code comes into force in relation to the operator.
Section 75
SCHEDULE
3
PENALTIES AND MODE OF TRIAL UNDER THE WIRELESS TELEGRAPHY
AcT 1949
1. The following subsections shall be substituted for subsection
(1) of section 14 of the 1949 Act(1) Any person committing(a) any offence under section 5(a) of this Act ; or
(b) any offence under section 13 of this Act ;
shall be liable on summary conviction to imprisonment for a
term not exceeding six months or a fine not exceeding the statutory maximum or both, or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or
both.
(1A) Any person committing(a) any offence under section 1(1) of this Act consisting in
the installation or use, otherwise than under and in
accordance with a wireless telegraphy licence, of any
apparatus not designed or adapted for emission (as
opposed to reception) ; or
(b) any offence under section 3(2) of this Act consisting in
a contravention, in relation to any such apparatus, of
any regulations made under that section ; or