Telecommunications (Fraud) Act 1997

 
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Telecommunications (Fraud)Act 1997

1997 Chapter 4

An Act to amend the Telecommunications Act 1984 to make further provision for the prevention of fraud in connection with use of a telecommunication system.

[27th February 1997]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Possession or supply of anything for fraudulent purpose in connection with use of telecommunication system.

1. In the 1984 Act, after section 42 there shall be inserted—

S-42 ‘Possession or supply of anything for fraudulent purpose in connection with use of telecommunication system.

42 ‘Possession or supply of anything for fraudulent purpose in connection with use of telecommunication system.

(1) Subsection (2) below applies if a person has in his custody or under his control anything which may be used for the purpose of obtaining, or for a purpose connected with the obtaining of, a service to which section 42(1) above applies.

(2) If the person intends—

(a) to use the thing—

(i) to obtain such a service dishonestly, or

(ii) for a purpose connected with the dishonest obtaining of such a service

(b) dishonestly to allow the thing to be used to obtain such a service, or

(c) to allow the thing to be used for a purpose connected with the dishonest obtaining of such a service

he shall be guilty of an offence.

(3) Subsection (4) below applies if a person supplies or offers to supply anything which may be used for the purpose of obtaining, or for a purpose co nnected with the obtaining of, a service to which section 42(1) above applies.

(4) If the person supplying or offering to supply the thing knows or believes that the person to whom it is supplied or offered intends or intends if it is supplied to him—

(a) to use it—

(i) to obtain such a service dishonestly, or

(ii) for a purpose connected with the dishonest obtaining of such a service

(b) dishonestly to allow it to be used to obtain such a service, or

(c) to allow it to be used for a purpose connected with the dishonest obtaining of such a service

he shall be guilty of an offence.

(5) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both, and

(b) on conviction on indictment, to...

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