Telecommunications Act 1984
c. 12
84
PART
VI
(3) Where an order under this section is in force with respect
to relevant apparatus of any description, any person who, in the
course of any trade or business, supplies or offers to supply
relevant apparatus of that description in contravention of the
order shall, subject to section 87 below, be guilty of an offence
and liable on summary conviction to a fine not exceeding level
5
on the standard scale.
(4) For the purposes of this section a person exposing relevant
apparatus for supply or having such apparatus in his possession
for supply shall be deemed to offer to supply it.
(5)
In this section and section
below-
" relevant
apparatus " means wireless telegraphy
apparatus or apparatus designed or adapted for use in
connection with wireless telegraphy apparatus ; and
(b) " supply " shall be construed in accordance with section
9 of the Consumer Safety Act 1978.
(a)
1978 c. 38.
86
86.-(1) Where it appears to the Secretary of State expedient
that any description of advertisements of relevant apparatus
advertisements. should contain or refer to any information relating to the
apparatus or its installation or use, the Secretary of State may
by order impose requirements as to the inclusion of the information, or an indication of the means by which it may be obtained,
in advertisements of that description.
Information
etc. to be
given in
(2) An order under this section may specify the form and
manner in which any information or indication required by the
order is to be included in advertisements of any description.
(3) Where an advertisement of any relevant apparatus which
is to be supplied in the course of any trade or business fails to
comply with any requirement imposed under this section, any
person who publishes the advertisement shall, subject to section
87 below, be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) Section 85 (5) above applies for the purposes of this section ;
and in this section " advertisement " includes a catalogue, a
circular and a price list.
Offences under
section 85 or 86
due to default
of third person.
87.-(1) Where the commission by any person of an offence
under section 85 or 86 above 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.
(2)
In any proceedings for an offence under either of
sections
it shall,
those
subject to subsection (3) below. be a defence for