c. 12
80
Telecommunications Act 1984
82. The following subsections shall be substituted for subsection (3) of section 14 of the 1949 Act (forfeiture of wireless
with respect
telegraphy apparatus used in commission of certain offences)to forfeiture
" (3) Where a person is convicted
on conviction.
(a) an offence under this Act consisting in any contravention of any of the provisions of Part I of this
Act in relation to any station for wireless telegraphy or any wireless telegraphy apparatus or in
the use of any apparatus for the purpose of interfering with any wireless telegraphy ; or
(b) any offence under section 12A of this Act ; or
(c) any offence under this Act which is an offence under
section 7 of the Wireless Telegraphy Act 1967
(whether as originally enacted or as substituted by
section 77 of the Telecommunications Act 1984) ;
the court may, in addition to any other penalty, order all
or any of the apparatus of the station, or (as the case may
be) of the apparatus in connection with which the offence
was committed, to be forfeited to the Secretary of State.
The power conferred by virtue of paragraph (a) or (c)
above does not apply to wireless telegraphy apparatus not
designed or adapted for emission (as opposed to reception).
PART
VI
Amendments
of-
(3A) Without prejudice to the operation of subsection (3)
of this section in relation to any other apparatus, where a person is convicted of an offence under this Act involving restricted apparatus, the court shall order the apparatus to be
forfeited to the Secretary of State unless the accused or any
person claiming to be the owner of or otherwise interested
in the apparatus shows cause why the apparatus should not
be forfeited.
Apparatus is restricted apparatus for the purposes of this
subsection if custody or control of apparatus of any class
or description to which it belongs is for the time being restricted by an order under section 7 of the Wireless Telegraphy Act 1967.
(3B) Apparatus 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 apparatus ordered to be forfeited
under this section may be disposed of by the Secretary of
State in such manner as he thinks fit.
1980 c. 43.
S.I. 1981/1675
(N.I.26).
(3C) Subsections (3) to (3B) of this section have effect
notwithstanding anything in section 140 of the Magistrates'
Courts Act 1980 or Article 58 of the Magistrates' Courts
(Northern Ireland) Order 1981.