Commentary on Sections Section 2: Possession or supply of anything for re-programming purposes
10.This section creates a number of offences ancillary to the offence created by section 1. These linked offences are having custody or control of the equipment for the purpose of unauthorised reprogramming (subsection 1), and supplying (subsection 2) or offering to supply (subsection 3) the equipment to someone for that purpose.
11.The equipment required to reprogramme the IMEI number may also be used for other legitimate purposes. The section makes it clear that the offences are committed only if the person intends to use the equipment or allow it to be used for the purposes of making an unauthorised change to the IMEI number, or knows that the person to whom he supplies it or offers to supply it intends to use it or allow it to be used for that purpose.
12.The effect of subsection (5) is that possession by, supply to, or the offer to supply to the manufacturer of a mobile telephone, or someone with his written consent, does not amount to an offence under subsections (1), (2) and (3).
13.Unique device identifier has the same definition as in section 1. The penalties for each of these offences are the same as for the offence created by section 1.