Broadcasting (Jersey) Order 1999
Jersey Order in Council 15/1999
THE BROADCASTING (JERSEY) ORDER
1999
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(Registered on the 11th day of June 1999)
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At the Court at Buckingham Palace
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11th
day of May 1999
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PRESENT
The Queen’s Most Excellent Majesty in Council
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HER MAJESTY, in pursuance of section
150(4) of the Broadcasting
Act 1996, and section 204(6) of the Broadcasting Act 1990,
as it is applied by section 150(3) of the Broadcasting Act 1996,
is pleased, by and with the advice of Her Privy Council, to order, and it is hereby
ordered, as follows –
1. This
Order may be cited as the Broadcasting (Jersey) Order 1999 and shall come into
force on 12th May 1999.
2. Section
94 of the Broadcasting
Act 1996 shall extend to the Bailiwick of Jersey.
3. In
the Schedule to the Broadcasting Act 1990 (Jersey)
(No. 2) Order 1991 after paragraph 29, there
shall be inserted –
“29A. Omit
section 104A.
29B. In section 104B –
(a) In subsection
(1)(b), for the words from “category B” to the end substitute
“any of the categories of local service for the time being specified in
this paragraph as it has effect in the United Kingdom”;
(b) in subsection
(2)(b), after “United
Kingdom” insert “or the
Bailiwick of Jersey”;
(c) omit
subsections (6) and (7).”.
A.K. GALLOWAY
Clerk of the Privy Council.
BROADCASTING ACT 1990
CHAPTER 42
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ARRANGEMENT
OF SECTIONS
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PARTS I–II
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* * * * * * *
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PART III
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CHAPTER
I
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* * * * * * *
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CHAPTER
II
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SOUND
BROADCASTING SERVICES
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98.–104.
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* * * * * * *
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104A..
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Renewal of local licences
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104B.
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Special application procedure for
local licences.
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105.–111.
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* * * * * * *
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CHAPTERS
III–V
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* * * * * *
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PARTS IV–X
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* * * * * * *
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SCHEDULES
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* * * * * * *
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ELIZABETH II
1990 CHAPTER 42
AN ACT to make new provision with respect
to the provision and regulation of independent television and sound programme services and of other services provided on
television or radio frequencies; to make provision with respect to the
provision and regulation of local delivery services; to amend in other respects
the law relating to broadcasting and the provision of television and sound programme services and to make provision with respect to
the supply and use of information about programmes;
to make provision with respect to the transfer of the property, rights and
liabilities of the Independent Broadcasting Authority and the Cable Authority
and the dissolution of those bodies; to make new provision relating to the
Broadcasting Complaints Commission; to provide for the establishment and
functions of a Broadcasting Standards Council; to amend the Wireless Telegraphy Acts
1949 to 1967 in the Marine, &c., Broadcasting (Offences) Act 1967; to
revoke a class licence granted under the Telecommunications Act
1984 to run broadcast relay systems; and for connected purposes.
[1st November 1990]
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 –
PARTS I–II
* * * * * * *
PART III
CHAPTER I
* * * * * * *
CHAPTER II
SOUND BROADCASTING SERVICES
98.–104. * * * *
* * *
104A. * * * * * * *
[Special application procedure for local licences
104B.-(1) Where –
(a) a local licence is due to expire (otherwise than by virtue of
section 110);
(b) the local
service provided under the licence falls within [any
of the categories of local service for the time being specified in this
paragraph as it has effect in the United Kingdom];
(c) the Authority
propose to grant a further licence to provide the
service in question,
the Authority may if they think fit publish a notice under
subsection (2) instead of a notice under section 104(1).
(2) A notice under
this subsection is a notice –
(a) stating that
the Authority propose to grant a further licence to
provide a specified local service;
(b) specifying the
area or locality in the United
Kingdom [or the Bailiwick of Jersey] for
which the service is to be provided;
(c) inviting
declarations of intent to apply for a licence to
provide the service;
(d) specifying the
closing date for such declarations; and
(e) specifying
–
(i) the
application fee payable on any declaration made in pursuance of the notice, and
(ii) a deposit of
such amount as the Authority may think fit.
(3) A declaration
of intent made in pursuance of a notice under sub-section (2) must be in
writing and accompanied by the application fee and deposit specified under
subsection (2)(e)(i) and (ii).
(4) Where the Authority
receive a declaration of intent in accordance with the provisions of this
section from a person other than the licence holder
in relation to the service in question, they shall –
(a) publish a
notice under section 104(1);
(b) specify
–
(i) in
relation to persons who have made a declaration of intent in accordance with
the provisions of this section, no further application fee, and
(ii) in relation
to all other applicants, an application fee of the same amount as the fee
referred to in subsection (2)(e)(i); and
(c) repay the
deposit referred to in subsection (2)(e)(ii) to every person –
(i) who
has made a declaration of intent in accordance with the provisions of this
section, and
(ii) who duly
submits an application in pursuance of the notice referred to in paragraph (a).
(5) Where the
Authority receive a declaration of intent in accordance with the provisions of
this section from the licence holder in relation to
the service in question, and no such declaration from any other person, they
shall –
(a) invite the licence holder to apply for the licence
in such manner as they may determine (but without requiring any further
application fee); and
(b) on receiving
an application duly made by him, repay to him the deposit referred to in
subsection (2)(e)(ii).
(6) * * * * *
(7) * * * * *]
105.-111. * * * * * * *
CHAPTERS III–V
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PARTS IV–X
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SCHEDULES
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