🔆 📖 ➕ 👤

Mobile Telephones (Re-programming) Act 2002

2002 CHAPTER 31

An Act to create offences in respect of unique electronic equipment identifiers of mobile wireless communications devices.

[24th July 2002]

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:—

1 Re-programming mobile telephone etc.

(1) A person commits an offence if—

(a) he changes a unique device identifier, ...

(b) he interferes with the operation of a unique device identifier.

(c) he offers or agrees to change, or interfere with the operation of, a unique device identifier, or

(d) he offers or agrees to arrange for another person to change, or interfere with the operation of, a unique device identifier.

(2) A unique device identifier is an electronic equipment identifier which is unique to a mobile wireless communications device.

(3) But a person does not commit an offence under this section if—

(a) he is the manufacturer of the device, or

(b) he does the act mentioned in subsection (1) with the written consent of the manufacturer of the device.

(4) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine or to both.

2 Possession or supply of anything for re-programming purposes

(1) A person commits an offence if—

(a) he has in his custody or under his control anything which may be used for the purpose of changing or interfering with the operation of a unique device identifier, and

(b) he intends to use the thing unlawfully for that purpose or to allow it to be used unlawfully for that purpose.

(2) A person commits an offence if—

(a) he supplies anything which may be used for the purpose of changing or interfering with the operation of a unique device identifier, and

(b) he knows or believes that the person to whom the thing is supplied intends to use it unlawfully for that purpose or to allow it to be used unlawfully for that purpose.

(3) A person commits an offence if—

(a) he offers to supply anything which may be used for the purpose of changing or interfering with the operation of a unique device identifier, and

(b) he knows or believes that the person to whom the thing is offered intends if it is supplied to him to use it unlawfully for that purpose or to allow it to be used unlawfully for that purpose.

(4) A unique device identifier is an electronic equipment identifier which is unique to a mobile wireless communications device.

(5) A thing is used by a person unlawfully for a purpose if in using it for that purpose he commits an offence under section 1.

(6) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine or to both.

3 Citation etc.

(1) This Act may be cited as the Mobile Telephones (Re-programming) Act 2002.

(2) Sections 1 and 2 come into force in accordance with provision made by the Secretary of State by order made by statutory instrument.

(3) This Act extends to Northern Ireland.

Status: There are currently no known outstanding effects for the Mobile Telephones (Re-programming) Act 2002.
Mobile Telephones (Re-programming) Act 2002 (2002/31)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Word in s. 1(1)(a) repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38) , ss. 62 , 66(2) , Schs. 5 ; S.I. 2007/858 , art. 2(l)(n)(xiv)repealed
F2S. 1(1)(c)(d) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38) , ss. 62 , 66(2) ; S.I. 2007/858 , art. 2(l)inserted
P1S. 3(2) power fully exercised: 4.10.2002 appointed by S.I. 2002/2294 , art. 2
Defined TermSection/ArticleIDScope of Application
Changes that affect Made by
Sort descending by Changed Legislation Sort descending by Year and Number Changed Provision Type of effect Sort descending by Affecting Legislation Title Sort descending by Year and Number Affecting Provision Sort descending by Changes made to website text Note
Mobile Telephones (Re-programming) Act 2002 2002 c. 31 specified provision(s) Appointed Day(s) The Mobile Telephones (Re-programming) Act 2002 (Commencement) Order 2002 2002 No. 2294 art. 2 Yes
  • Mobile Telephones (Re-programming) Act 2002 (Commencement) Order 2002 (2002/2294)

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.