HC Deb 09 May 1990 vol 172 cc364-5

2A.—(1) Subject to subsection (4) below, it shall not be lawful to make a broadcast which—

  1. (a) is made from a ship other than one registered in the United Kingdom, the Isle of Man or any of the Channel Islands while the ship is within any area of 365 the high seas prescribed for the purposes of this section by an order made by the Secretary of State; and
  2. (b) is capable of being received in, or causes interference with any wireless telegraphy in, the United Kingdom.

(2) If a broadcast is made from a ship in contravention of subsection (1) above, the owner of the ship, the master of the ship and every person who operates, or participates in the operation of, the apparatus by means of which the broadcast is made shall be guilty of an offence.

(3) A person who procures the making of a broadcast in contravention of subsection (1) above shall be guilty of an offence.

(4) The making of a broadcast does not contravene subsection (1) above if it is shown to have been authorised under the law of any country or territory outside the United Kingdom.

(5) Any order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament."

3. In section 3 (prohibition of acts connected with broadcasting from certain ships and aircraft, and from marine structures outside the United Kingdom)—

  1. (a) in subsection (1), at the beginning insert "Subject to subsection (1A) below,"; and
  2. (b) after subsection (1) insert the following subsection—

"(1A) Subsection (1)(a) above does not apply to any broadcast made in contravention of section 2A(1) of this Act, and subsections (1)(c) and (d) above do not apply to structures or other objects in waters falling within section 2(3)(c) of this Act."

4. After section 3 insert the following section—