1972 Ed.]
Telecommunication (Control of Interference) Regulations
[CAP. 106
B7
[Subsidiary]
Provided that no person shall be convicted of an offence under this paragraph if it is made to appear to the court that at the time of the use of the apparatus in contravention of the notice an application had been made in writing to the Authority for revocation of the notice and that the Authority had, without reasonable cause (the burden of proof whereof shall be upon the Authority), failed or neglected to revoke the notice within a reasonable time after receipt of the application for revocation.
6.
Where a magistrate is satisfied by information on oath-
(a) that there is reasonable ground for believing that, on any specified premises or in any specified vessel, aircraft or vehicle, apparatus to which these regulations apply is to be found which does not comply with the requirement applicable to it under these regulations; and
(b) that it is necessary to enter those premises, or that vessel, aircraft or vehicle, and to examine or test any apparatus to which these regulations apply which may be found therein or thereon for the purpose of determining whether any such apparatus does or does not comply with the requirement applicable to it under these regulations; and
(c) that, within fourteen days before the date of the application to such magistrate, access to the premises, vessel, aircraft or vehicle for the purpose aforesaid has been demanded by, or permission to examine any such apparatus as aforesaid which has been found therein or thereon has been requested by, the Authority or any public officer authorized in writing in that behalf by the Authority and producing sufficient documentary evidence of his identity and, in the case of a public officer authorized as aforesaid, of his authority, but in either case has been unreasonably refused,
the magistrate may issue his warrant empowering the Authority or any public officer or officers authorized in writing in that behalf by the Authority and named in such authorization to enter the premises or, as the case may be, the vessel, aircraft or vehicle and any premises on which it may be and to search the premises, vessel, aircraft or vehicle with a view to discovering whether any apparatus to which these regulations apply is situate thereon or therein, and, if he finds or they find any such apparatus thereon or therein, to examine and test it with a view to determine whether it does or does not comply with the requirement applicable to it under these regulations.
7. (1) The requirement referred to in regulations 3 and 4 is that the apparatus shall be so designed, constructed, assembled and installed, and that such precautions shall be taken in relation to it (by means of the fitting of suppressors or otherwise), as to ensure-
Entry and search of premises, etc.
Requirement.
1972 Ed.]
Telecommunication (Control of Interference) Regulations
[CAP. 106
B7
[Subsidiary]
Provided that no person shall be convicted of an offence under this paragraph if it is made to appear to the court that at the time of the use of the apparatus in contravention of the notice an applica- tion had been made in writing to the Authority for revocation of the notice and that the Authority had, without reasonable cause (the burden of proof whereof shall be upon the Authority), failed or neglected to revoke the notice within a reasonable time after receipt of the application for revocation.
6.
Where a magistrate is satisfied by information on oath- (a) that there is reasonable ground for believing that, on any specified premises or in any specified vessel, aircraft or vehicle, apparatus to which these regulations apply is to be found which does not comply with the requirement applicable to it under these regulations; and
(b) that it is necessary to enter those premises, or that vessel, aircraft or vehicle, and to examine or test any apparatus to which these regulations apply which may be found therein or thereon for the purpose of determining whether any such apparatus does or does not comply with the requirement applicable to it under these regulations; and (c) that, within fourteen days before the date of the application to such magistrate, access to the premises, vessel, aircraft or vehicle for the purpose aforesaid has been demanded by, or permission to examine any such apparatus as aforesaid which has been found therein or thereon has been requested by, the Authority or any public officer authorized in writing in that behalf by the Authority and producing sufficient documentary evidence of his identity and, in the case of a public officer authorized as aforesaid, of his authority, but in either case has been unreasonably refused,
the magistrate may issue his warrant empowering the Authority or any public officer or officers authorized in writing in that behalf by the Authority and named in such authorization to enter the premises or, as the case may be, the vessel, aircraft or vehicle and any premises on which it may be and to search the premises, vessel, aircraft or vehicle with a view to discovering whether any apparatus to which these regulations apply is situate thereon or therein, and, if he finds or they find any such apparatus thereon or therein, to examine and test it with a view to determine whether it does or does not comply with the requirement applicable to it under these regulations.
7. (1) The requirement referred to in regulations 3 and 4 is that the apparatus shall be so designed, constructed, assembled and installed, and that such precautions shall be taken in relation to it (by means of the fitting of suppressors or otherwise), as to
ensure-
Entry and search of premises, etc.
Requirement.
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