41 Procedure for prosecutions

41  Procedure for prosecutions

(1)     This section applies to proceedings against a person (“the defendant”) for an offence under section 35 consisting in the contravention of—

(a)     the terms, provisions or limitations of a wireless telegraphy licence; or

(b)     the terms, provisions or limitations of an exemption under section 8(3).

(2)     Proceedings to which this section applies are not to be brought unless, before they are brought, OFCOM have—

(a)     given the defendant a notification under section 39 in respect of the contravention to which the proceedings relate; and

(b)     considered any representations about the matters notified which were made by the defendant within

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