Broadcasting Authority (Amendment) Act, 1976

Application of sections 7, 8, 10 and 12 of Act of 1926 in relation to certain apparatus.

20.—(1) A person may be required under section 7 of the Act of 1926 to state in a declaration—

(a) whether he does or does not keep or has or has not in his possession regulated apparatus,

(b) if he keeps or has in his possession any such apparatus, the nature of such apparatus and the place at which he keeps or has the same.

(2) (a) The powers conferred by section 8 of the Act of 1926 on a Justice of the District Court to grant a search warrant shall also be exercisable in accordance with that section by such Justice in relation to regulated apparatus and, accordingly, the first reference in subsection (1) of the said section 8 to apparatus for wireless telegraphy shall be construed as including a reference to regulated apparatus.

(b) Any search warrant granted in relation to regulated apparatus under the said section 8, as applied by paragraph (a) of this subsection, shall, in relation to such apparatus, be expressed and operate in the manner specified in subsection (1) of that section with and subject to the modification that, for the purposes of this paragraph, the second reference in that subsection to apparatus for wireless telegraphy shall be construed as a reference to regulated apparatus.

(3) Subsection (2) of section 10 of the Act of 1926 shall apply to regulated apparatus in the manner it applies to apparatus for wireless telegraphy, and, accordingly, that subsection shall have effect as if “, of regulated apparatus within the meaning of section 20 of the Broadcasting Authority (Amendment) Act, 1976” were inserted after “electro-magnetic radiation”.

(4) Section 12 of the Act of 1926 shall apply to regulated apparatus in the manner in which it applies to apparatus for wireless telegraphy, and, accordingly, the first reference in subsection (1) of the said section 12 and every reference in subsections (2), (3) and (4) of that section to apparatus for wireless telegraphy shall be construed as including a reference to regulated apparatus.

(5) In this section “regulated apparatus” means apparatus which is used in the provision or distribution in the manner described in subsection (2) of section 3A of the Act of 1926 (inserted by section 17 of this Act) of local programme matter within the meaning of the said section 3A.