UK Offence Report

Contravention of The Wireless Telegraphy (Licence Award) Regulations 2018

the instrument as a whole of The Wireless Telegraphy (Licence Award) Regulations 2018

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

Contravening this instrument is an offence under sections 35 and 36 of the Wireless Telegraphy Act 2006. The instrument itself contains no offence-creating words.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
Not determined

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Wireless Telegraphy (Licence Award) Regulations 2018.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to sections 35 and 36 of the Wireless Telegraphy Act 2006.

the penalty is in the parent Act, not in this instrument.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
24 January 2018
In force from
31 January 2018
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations set out the procedure that will apply to the grant of wireless telegraphy licences at frequencies which are set out in Schedule 1. To apply, a body corporate must deliver the documents required by regulation 4(3) to the Office of Communications (“OFCOM”) on a day specified by OFCOM. The documents must give details of the existing spectrum holdings of the applicant and others listed in regulations 4(3)(a)(iii). An initial deposit of one hundred thousand pounds must be paid to OFCOM (regulation 4(3)(b)). OFCOM will determine which applicants are fit to hold a licence, taking into account the matters set out in regulation 12(2). If not disqualified, and if there is no member of its bidder group which is also a member of another bidder group, an applicant shall be qualified to participate (regulations 13(1)). After giving applicants an opportunity to withdraw, OFCOM will determine the number of bidders (regulation 16), an additional deposit may be paid (regulation 17) and OFCOM will determine an eligibility limit (a term defined in the Regulations) by reference to sums paid on deposit. This limits the bids that can be made. Further limitations on bids which can be made may also apply to a bidder in the form of an overall bid constraint and a 2.3 GHz bid limit (both are terms defined in the Regulations). These limitations may be different for each bidder and are to be determined by reference to existing spectrum holdings (regulations 20 and 21). The first stage, called the principal stage, involves one or more rounds of bidding. OFCOM will determine the round price for each round (regulations 29, 30, 31 and 32). The winning principal stage bids are determined by OFCOM in accordance with regulation 37 by reference to bids which are determined to have standing high bid status (this is a defined term). The second stage, called the assignment stage, is set out in Part 7. This procedure determines the frequencies which will be assigned to each winning bidder. This is determined through a further round of bidding. The third stage, called the grant stage, is the procedure set out in Part 8. OFCOM will grant licences to winning bidders and refund any sums due to winning bidders (regulations 107 to 111). In this award process specific options are available for and specific obligations apply to a company called UK Broadband Limited. This company currently holds a licence in the 3.4 GHz band. The company is defined in the Regulations as the pre-existing licence holder. The particular 3.4 GHz lots available in the award process depend on whether that company takes part and chooses to apply for a new licence to replace the existing licence which it holds. If the company takes part, whether or not it applies for a replacement licence, it is permitted also to bid for additional lots. (Particular regulations which are relevant in this regard are regulations 7, 23, 24, the assignment stage in Part 7 and the grant stage in Part 8.) If, in relation to an applicant which is qualified to bid or a bidder, OFCOM is satisfied that certain events are occurring or have occurred and that the occurrence would materially affect the outcome of the award process, the applicant or bidder concerned will forfeit sums on deposit held by OFCOM and may be excluded from the award process (regulation 112). A full regulatory impact assessment of the effect of these Regulations has been prepared. Copies of the impact assessment are available to the public from the OFCOM library at Riverside House, 2a Southwark Bridge Road, London SE1 9HA telephone 020 7981 3000 or on the OFCOM website at www.ofcom.org.uk. Copies of the impact assessment have also been placed in the libraries of the Houses of Parliament.

Read the full note and every offence in this instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.50.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.50 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source