Wireless Telegraphy Act 1967
1967 c. 72
An Act to enable the Postmaster General to obtain information as to the sale and hire of television receiving sets; to enable him to prohibit the manufacture or importation of certain wireless telegraphy apparatus; to make provision for requiring applicants for vehicle exercise licences to give information about such apparatus installed in vehicles; to make miscellaneous amendments in the Wireless Telegraphy Act 1949: and for connected purposes.
[27th July 1967]
Part I
Information as to Sale and Hire of Television Sets
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Notification and recording of transactions.
— (1) [ Subject to subsections ( 1A ) and ( 2 ) of this section, every television dealer who, after the end of twenty-eight days from the date on which he became such a dealer ] — (a)
sells a television set by retail;
(b)
lets a television set on hire or hire-purchase; or
(c)
arranges for a television set to be sold or let as aforesaid to any person by another television dealer,
shall, in relation to that sale or letting, give to
[ the [ Secretary of State ] ] [ the BBC ] a notification containing the particulars specified in Part I of the Schedule to this Act and make a record of the particulars specified in Part II of that Schedule.
[ ( 1A ) Subsection ( 1 ) of this section shall not apply to a television dealer in whose case the following conditions are satisfied, that is to say — ( a )
that he is such a dealer by reason only that he sells or lets, or holds himself out as willing to sell or let, television sets in pursuance of arrangements made by another television dealer; and
( b )
that all payments of or towards the price or by way of rent in respect of any television set sold or let by him are received or collected on his behalf by the dealer who arranged for the sale or letting to be made.
( 1B ) A television dealer in whose case the conditions specified in subsection ( 1A ) of this section cease to be satisfied shall be treated for the purposes of subsection ( 1 ) of this section as having become a television dealer when those conditions ceased to be satisfied in his case ]
(2) In relation to any sale or letting as respects which [ subsection ( 1 ) of this section ] is required to be complied with by the dealer who arranges for the sale or letting to be made, the other dealer concerned — (a)
shall not be required to comply with that subsection; but
(b)
shall, unless all payments of or towards the price or by way of rent in respect of the sale or letting are to be received or collected on his behalf by the first-mentioned dealer, make a record of the particulars specified in Part III of the Schedule to this Act.
(3) Any notification to be given to [ the [ Secretary of State ] ] [ the BBC ] under this section shall be in the prescribed form and shall be given to [ him ] [ them ] within twenty-eight days from the date of the sale or letting to which it relates; and any such notification to be given by any dealer shall be given to [ the [ Secretary of State ] ] [ the BBC ] at such address as [ he ] [ they ] may have directed by a notice in writing given to that dealer or, if no such notice has been given, at the prescribed address.
(4) Any record under this section may be made either in the prescribed form or in any other form which enables the matters recorded to be readily ascertained by any person to whom the record is produced for inspection; and any matter required to be recorded by virtue of Part II or III of the Schedule to this Act shall be recorded within the time specified in relation thereto in that Part of the Schedule.
(5) Any record made under this section by any person shall be kept at a place at which he carries on business and, unless he previously ceases to be a television dealer, shall be preserved by him — (a)
if it relates to a sale and the price is not payable by instalments, for twelve months from the date of the sale;
(b)
if it relates to a sale and the price is payable by instalments or to a letting, for twelve months from the date when the last instalment or payment of rent is due.
(6) The person having charge of any place where records are kept under this section shall at any time during normal business hours, if so required by a person duly authorised in that behalf by [ the [ Secretary of State ] ] [ the BBC ] , produce the records for inspection.
(7) The [ Secretary of State ] may by regulations amend or delete any provision of the Schedule to this Act or add any further provision thereto. 3. Power to call for additional information.
— (1) [ The [ Secretary of State ] ] [ The BBC ] may by notice in writing require a television dealer to furnish to
[ him ] [ them ] , at the specified address and within twenty-eight days from the date of the notice, a statement containing the following information
— (a)
whether, in the case of any specified credit-sale contract, hire contract or hire-purchase contract made after the expiration of twenty-eight days from the appointed day, any instalment of the price or payment of rent will fall to be received or collected by him from the buyer or hirer after the date of the notice;
(b)
if so, the present or last-known address of the buyer or hirer.
[ ( 2 ) The [ Secretary of State ] may by notice in writing require a television dealer to furnish to him, at the specified address and within the specified period ( which shall not be less than twelve months from the date of the notice ) , a statement containing the following information — ( a )
whether, in the case of any, or any specified class or description of, credit-sale contract, hire contract or hire-purchase contract made before the expiration of twenty-eight days from the appointed day ( including such a contract made before the passing of this Act ) , any instalment of the price or payment of rent will fall to be received or collected by him from the buyer or hirer after the date on which the statement is furnished;
( b )
as respects each such contract in the case of which such an instalent or payment will fall to be received or collected as aforesaid, the name and present or last-known address of the buyer or hirer. ]
(3) In this section “ credit-sale contract ” means a contract for the sale of a television set by retail on terms providing for the price to be paid by instalments, “ hire contract ” means a contract for the letting of a television set on hire, “ hire-purchase contract ” means a contract for the letting of a television set on hire-purchase and “ specified ” means specified in the notice in question. 4. Service of notices etc.
— (1) Any notice authorised to be given under section 2 or 3 of this Act by
[ the BBC ] to any person may be given by sending it to him by registered post or the recorded delivery service;
. . ..
(2) Any . . . notification required to be given under section . . . 2 of this Act to [ the BBC ] may be given by sending it to [ them ] by post, and any statement required to be furnished to [ them ] under section 3 of this Act may be sent to [ them ] by registered post or the recorded delivery service. 5. Offences and enforcement.
— (1) Any person who
— (a)
without reasonable excuse, fails to comply with, or with any notice given under, any of the foregoing provisions of this Part of this Act; or
(b)
in purported compliance therewith
—
(i) knowingly or recklessly furnishes any information which is false in a material particular; or
(ii) makes or causes to be made or knowingly allows to be made any record which he knows to be false in a material particular,
shall be guilty of an offence under the principal Act.
[ ( 2 ) If a person is convicted of failing to comply with a notice under section 3 ( 2 ) of this Act requiring any information to be furnished to the Postmaster General and the failure to furnish that information as aforesaid continues after the conviction, that person shall be guilty of a further offence of failing to comply with that notice and shall be liable to be proceeded against and punished accordingly. ]
(3) Summary proceedings in England, Wales or Northern Ireland for an offence under this section may be taken on behalf of the Postmaster General at any time within six months from the date on which evidence sufficient in [ his ] [ their ] opinion to justify the proceedings comes to [ his ] [ their ] knowledge: Provided that proceedings shall not be so taken more than three years after the commission of the offence.
(4) Summary proceedings in Scotland for an offence under this section shall not be commenced after the expiration of three years from the commission of the offence, but subject to the foregoing limitation, and notwithstanding anything in section [ 331 of the Criminal Procedure ( Scotland ) Act 1975 ] , such proceedings may be commenced at any time within six months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify the proceedings comes to his knowledge or, where such evidence was reported to him by the Postmaster General, within six months after the date on which it came to the knowledge of the Postmaster General; and subsection [ ( 3 ) of the said section 331 ] shall apply for the purposes of this subsection as it applies for the purposes of that section.
(5) For the purpose of subsections (3) and (4) of this section, a certificate of the Postmaster General or the Lord Advocate, as the case may be, as to the date on which such evidence as aforesaid came to [ their or ] his knowledge shall be conclusive evidence of that fact. 6. Interpretation of Part I.
— (1) In this Part of this Act
— “ appointed day ” means such day as the
[ Secretary of State ] may by order appoint;
[ “ the BBC ” means the British Broadcasting Corporation; ] “ prescribed ” means prescribed by regulations made by the
[ Secretary of State ] [ after consultation with the BBC ] ;
“ television dealer ” means a person who by way of trade or business
—
(a) sells television sets by retail;
(b) lets such sets on hire or hire-purchase;
(c) arranges for such sets to be sold or let as aforesaid by another television dealer; or
(d) holds himself out as willing to engage in any of the foregoing activities; [ “ television programme ” means a programme included in any television broadcasting or other television programme service ( within the meaning of Part I of the Broadcasting Act 1990 ) ; ] “ television set ” means any . . .
apparatus designed primarily for the purpose of receiving and exhibiting television programmes . . .
(whether or not its use for that purpose is dependent on the use of anything else in conjunction therewith) and any assembly comprising such apparatus and other apparatus.
(2) In this Part of this Act references to sale by retail do not include references to such sales by auction unless the auctioneer is selling as principal; and references to letting on hire or hire-purchase do not include references to letting as aforesaid for the purpose of resale or re-letting.
(3) For the purposes of this Part of this Act a television set is sold or let on hire or hire-purchase when the contract of sale or, as the case may be, the contract of hire or hire-purchase is made.
Part II
Miscellaneous
[ 7. Restriction on dealings in and custody of certain apparatus.
— ( 1 ) This section applies to wireless telegraphy apparatus and to any apparatus designed or adapted for use in connection with wireless telegraphy apparatus.
( 2 ) Where it appears to the Secretary of State to be expedient to do so for the purpose of preventing or reducing the risk of interference with wireless telegraphy, he may make an order applying restrictions under this section in relation to apparatus to which this section applies of any class or description specified in the order.
( 3 ) Any of the following actions in relation to any such apparatus 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 apparatus or by any form of advertisement ) one ’ s willingness to sell or let on hire;
( c )
having in one ’ s custody or control; and
( 4 ) 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 apparatus of any class or description specified in the order.
( 5 ) Any action for the time being restricted by an order under this section in the case of any apparatus is prohibited by this section — ( a )
save with the authority of the Secretary of State and subject to compliance with any terms and conditions attached by the Secretary of State to that authority; or
( b )
in the case of action within subsection ( 3 ) ( c ) above, save as mentioned in paragraph ( a ) above or as otherwise authorised by law apart from this section.
( 6 ) An authority given by the Secretary of State for the purposes of this section in the case of apparatus 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 apparatus within the class or description specified in the order;
as may be specified in the authority.
( 7 ) Any terms or conditions attached by the Secretary of State 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.
( 8 ) The Secretary of State ’ s authority may be given, and any terms or conditions may be attached to it, either generally by means of a notice in the London Gazette or by an instrument in writing issued to each person authorised to do, in relation to apparatus of any class or description to which an order under this section relates, anything for the time being restricted by the order; and any such notice published in the London Gazette shall also be published in the Edinburgh Gazette and the Belfast Gazette.
( 9 ) The Secretary of State 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 Secretary of State is satisfied that the order, authority, term or condition in question is compatible with the international obligations of the United Kingdom; and where any statutory instrument containing such an 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 Secretary of State is so satisfied, that statement shall be evidence ( and, in Scotland, sufficient evidence ) of that fact.
( 10 ) Where the importation of apparatus of any class or description to which this section applies is for the time being restricted by an order under this section, a person commissioned by the Commissioners of Customs and Excise may require any person having custody or control of any apparatus of that class or description which is being or has been imported to furnish proof that the importation of the apparatus is or was not unlawful by virtue of this section; and if such proof is not furnished to the satisfaction of those Commissioners the apparatus 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 1979,
( 11 ) Any person who — ( a )
takes any action within subsection ( 3 ) ( a ) or ( b ) above in relation to any apparatus in contravention of subsection ( 5 ) above; or
( b )
without reasonable excuse has any apparatus in his custody or control in contravention of that subsection; or
( c )
contravenes or fails to comply with any terms or conditions attached to any authority given by the Secretary of State for the purposes of this section ( whatever the action to which that authority relates ) ;
shall, without prejudice to any liability to a penalty which he may have incurred under the Act of 1979 mentioned above, be guilty of an offence under the principal Act.
( 12 ) For the avoidance of doubt, it is hereby declared that in this section “ manufacture ” includes construction by any method and the assembly of component parts. ] 8. Provisions for securing enforcement of s. 1(1) of principal Act in relation to vechicles.
— (1) The power to make
[ regulations under the Vehicle Excise and Registration Act 1994 as ] to the declaration to be made and particulars to be furnished by a person applying for a licence under that Act in respect of a vehicle shall include power to require the declaration and particulars to extend to any matters relevant for the enforcement of section 1(1) of the principal Act in respect of any apparatus for wireless telegraphy installed in the vehicle; and the appropriate authority shall accordingly not be required to issue a licence under
[ the Vehicle Excise and Registration Act 1994 where ] the applicant fails to comply with provisions included in the regulations by virtue of this subsection.
(2) If any person, in furnishing any information for the purpose of regulations made by virtue of subsection (1) of this section, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, he shall be guilty of an offence under the principal Act.
(3) Subsection (2) of this section shall have effect to the exclusion of any provision for corresponding purposes [ contained in the Vehicle Excise and Registration Act 1994 ] .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Amendments as to territorial extent of Part I of principal Act.
— (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The references in paragraphs (b) and (c) of subsection (1) of the said section 6 to any British seagoing ship or British aircraft which is registered in the United Kingdom shall be construed as references to any ship or aircraft which is so registered; and accordingly the word “ british ” and “ sea going ” , wherever they appear in the said paragraphs (b) and (c), and the word “ British ” in the first and second places where it occurs in subsection (3) of the said section 6, are hereby repealed.
(3) In subsection (2) of the said section 6 (which enables the Postmaster General to make regulations for regulating the use, on board any foreign seagoing ship or foreign aircraft within the limits of the United Kingdom and the territorial waters adjacent thereto, of wireless telegraphy apparatus on board the ship or aircraft, and provides that save as aforesaid nothing in Part I of the principal Act shall operate so as to impose any prohibition or restriction on persons using wireless telegraphy apparatus on board any foreign seagoing ship or foreign aircraft) — (a)
for the words
“ foreign seagoing ship or foreign aircraft ” there shall be substituted
—
(i) in the first place where those words occur, the words " ship or aircraft which, not being registered in the United Kingdom, is registered in a country other than the United Kingdom, the Isle of Man or any of the Channel Islands while that ship or aircraft is " ;
(ii) in the second place where those words occur, the words " such ship or aircraft as aforesaid " ; (b)
after the words “ save as aforesaid ” there shall be inserted the words " or by virtue of an Order in Council under subsection ( 3 ) of this section " ;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Regulations under subsection (2) of the said section 6 may make different provision for different cases or for ships or aircraft registered in different countries.
(5) The provisions of subsections (2) and (3) of this section shall have effect as from the expiration of the period of one month beginning with the day on which this Act is passed. 10. Amendments as to scope and territorial extent of Part II of principal Act.
— (1) The provisions of this section shall have effect for the purposes of Part II of the principal Act (which makes provision as to interference with wireless telegraphy).
(2) The apparatus which may be specified in regulations under section 10 of the principal Act shall include wireless telegraphy apparatus; and accordingly in subsection (3) of that section the words “ and not being wireless telegraphy apparatus ” are hereby repealed.
(3) Section 6 of the principal Act shall have effect as if any reference therein to the preceding provisions of Part I of that Act included a reference to the provisions of any regulations made under section 10 and the provisions of sections 11, 12 and 13 of that Act. 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12. Enforcement of principal Act.
— (1) For the purposes of any offence under the principal Act committed within the seaward limits referred to in section 9(1) of this Act but not within the United Kingdom, proceedings for that offence may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
(2) For the purpose of the enforcement of the principal Act, a member of a police force shall have in any area of the sea within the seaward limits aforesaid all the powers, protection and privileges which he has in the area for which he acts as constable.
(3) In the application of this section to Northern Ireland, the following subsection shall be substituted for subsection (2): “ (2) For the purpose of the enforcement of the principal Act, a member of the Royal Ulster Constabulary shall have in any area of the sea within the seaward limits aforesaid all the powers, protection and privileges which he has in Northern Ireland. ”
Part III
General
13. Regulations and orders.
— (1) Any power to make regulations or orders under this Act shall be exercisable by statutory instrument.
(2) A statutory instrument made in the exercise of any such power shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) Regulations under this Act may make different provision for different classes of case.
(4) Any Order in Council under this Act may be revoked or varied by a subsequent Order in Council, and any order under section 7 of this Act may be revoked or varied by a subsequent order under that section. 14. Financial provisions.
— (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15. Short title, citation, interpretation and extent.
— (1) This Act may be cited as the Wireless Telegraphy Act 1967.
(2) The Wireless Telegraphy Acts 1949 and 1955 and this Act may be cited together as the Wireless Telegraphy Acts 1949 to 1967.
(3) In this Act “ the principal Act ” means the Wireless Telegraphy Act 1949, and “ wireless telegraphy ” , “ wireless telegraphy apparatus ” , “ apparatus for wireless telegraphy ” and “ interference ” have the same meanings respectively as in that Act.
(4) Any reference in this Act to any enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including any enactment contained in this Act.
(5) It is hereby declared that this Act extends to Northern Ireland.
(6) Her Majesty may by Order in Council direct that all or any of the provisions of this Act extend to the Isle of Man or, except for section 7 of this Act, to any of the Channel Islands with such exceptions, adaptations and modifications as may be specified in the Order.
SCHEDULE
Notifications and Records
Part I
Particulars to be Notified
1. The date of the sale or letting.
2. The name and address of the buyer or hirer.
[ 3. The address of the premises where the set is to be installed. 4. Whether the set is designed for reception in colour.
5. The name, address and registration number of the dealer selling or letting the set. ]
6, 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II
Particulars to be Recorded by Notifying Dealer
Within 28 days from the date of the sale or letting
1. The date of the sale or letting.
2. The name and address of the buyer or hirer.
[ 3. The address of the premises where the set is to be installed. 4. Whether the set is designed for reception in colour.
5. The name, address and registration number of the dealer selling or letting the set. ]
6. — 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III
Particulars to be Recorded by Other Dealer
Within 28 days from the date of the sale or letting
1. The date of the sale or letting.
2. The name and address of the buyer of hirer.
3. The name and address of the dealer who arranged the sale or letting.
4. The address (if known) of the premises where the set is
[ to be installed ] .
5. Whether the set is designed for reception in colour.
6, 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .