Section 14: Enforcement of regulations as to the use of apparatus.

(1) If the Commission is of opinion-
(a)
that any apparatus does not comply with the requirements applicable to it under regulations made for the purpose specified in paragraph (a) of subsection (1) of section 13 of this Act; and
[1998 No.31.]
(b) that either-
(i) the use of the apparatus is likely to cause undue interference with any wire telegraphy used for the purposes of any safety of life service or for any purpose of which the safety of any person or any vessel, aircraft or vehicle may depend; or
(ii) the use of the apparatus is likely to cause undue interference with any other wireless telegraphy and in fact has caused or is causing such interference in a case where he considers that all reasonable steps to minimise interference have been taken in relation to the station or apparatus receiving the telegraphy,
it may serve on the person in whose possession the apparatus is, a notice in writing requiring that, after a date fixed by the notice, not being less than 28 days from the date of the service thereof, the apparatus shall not be used, whether the person to whom the notice is given or otherwise, or, if the Commission thinks fit so to frame the notice, shall only be used in such manner, at such times and in such circumstances as may be specified in the notice:
Provided that if the Commission is satisfied that the use of the apparatus in question is likely to cause undue interference with any wireless telegraphy used for the purpose of any safety of life service or for any purpose on which the safety of any person or of any vessel, aircraft or vehicle may depend, the date to be fixed by notice may be the date of service thereof.
(2) A notice under subsection (1) of this section, may be revoked or varied by a subsequent notice in writing by the Commission served on the person in whose possession the apparatus then is:
Provided that where a notice under this subsection has the effect of imposing any additional restriction on the use of the apparatus, the provisions of subsection (1) of this section, relating to the coming into force of notices shall apply in relation to notice as if it has been a notice served under subsection (1) of this section.
(3)
(a) Where notice has been given under subsection (1) of this section, any person having possession of or any interest in the apparatus to which the notice relates may within 28 days appeal to the High Court having jurisdiction in that part of the Federation where the apparatus is situated at the time when the notice was given, and the High Court may, upon application of such person made at the time of the filing the appeal, direct that the Commission's notice shall not operate until a particular date not later than the termination of the appeal:
Provided that where the Minister in writing under his hand certifies to the High Court that the continued use of the apparatus in question is likely to cause interference with any wireless telegraphy used for the purpose on which the safety of life service or the safety of any person, vessel, aircraft or vehicle may depend, the High Court may not alter the date upon which the directive in the Commission's notice shall operate.
(b) This subsection shall apply in relation to a notice under subsection (1) of this section, which has been varied by a subsequent notice as it applies in relation to a notice which has not been so varied.
(4) On any such appeal, the High Court may, if it thinks it expedient so to do, call in the aid of one or more assessors specially qualified, and may hear and determine the appeal wholly or in part with their assistance.
(5) On any such appeal, the High Court shall hear the Commission and the person at whose instance the appeal was made and any other person appearing to them to be interested who desires to be heard, and has, in accordance with the rules regulating the procedure of the appeal, procured himself to be made a party to the appeal, and if the High Court is satisfied that the apparatus in question complies with the requirements applicable to it under the regulations, it shall direct the Commission to revoke the notice and the Commission shall revoke the notice accordingly.
(6) A direction given under subsection (5) of this section may be absolute, or may be conditional on such steps being taken in relation to the apparatus, or on the apparatus being made to comply with such requirement as may be specified in the direction, and any question whether or not these steps have been taken or, as the case may be, whether or not the apparatus has been made to comply with those requirements shall, on the application to the Commission or of any person having possession of or any interest in the apparatus, be determined by the Court.
(7) Any person, who, knowing that a notice of the Commission under this section is in force with respect to any apparatus, uses that apparatus, or causes or permits it to be used, in contravention of the notice, shall be guilty of an offence.