L.4/2020
Communications
(Jersey) Order 2020
Made by Her Majesty in Council 20th May 2020
Registered by the Royal Court 29th May 2020
Coming into force 1st June 2020
HER MAJESTY, in exercise of the powers conferred by
section 411(6) of the Communications Act 2003 and section 119(7) and
(8) of the Digital Economy Act 2017, is pleased, by and with the advice of Her
Privy Council, to order as follows –
1 Citation, commencement
and interpretation
(1) This
Order may be cited as the Communications (Jersey) Order 2020.
(2) This Order comes into
force on 1st June 2020.
(3) In this Order –
“the 2003 Act” means the Communications Act
2003;
“the 2017 Act” means the Digital Economy
Act 2017.
2 Extension of amendments to the 2003 Act
to Jersey
The amendments of the 2003 Act made by section 89 of the 2017
Act extend to Jersey.
richard tilbrook
Clerk of the Privy Council
SCHEDULE
(Article 2)
DIGITAL ECONOMY ACT 2017
2017 CHAPTER 30
TABLE OF CONTENTS
PARTS 1–5
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PART 6
MISCELLANEOUS
82–88 * *
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89 TV licence fee concessions by
reference to age
90–116 * *
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PART 7
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SCHEDULES 1–9
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ELIZABETH II
DIGITAL ECONOMY ACT 2017
2017 CHAPTER 30
AN ACT to make provision about electronic communications
infrastructure and services; to provide for restricting access to online
pornography; to make provision about protection of intellectual property in
connection with electronic communications; to make provision about
data-sharing; to make provision in connection with section 68 of the
Telecommunications Act 1984; to make provision about functions of OFCOM in
relation to the BBC; to provide for determination by the BBC of age-related TV licence fee concessions; to make provision about the
regulation of direct marketing; to make other provision about OFCOM and its
functions; to make provision about internet filters; to make provision about
preventing or restricting the use of communication devices in connection with
drug dealing offences; to confer power to create an offence of breaching limits
on ticket sales; to make provision about the payment of charges to the
Information Commissioner; to make provision about payment systems and securities
settlement systems; to make provision about qualifications in information
technology; and for connected purposes.
[27th April 2017]
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 1–5
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PART 6
MISCELLANEOUS
82–88 * *
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89 TV
licence fee concessions by reference to age
(1) The Communications Act
2003 is amended as follows.
(2) Section 365 (TV
licence fees) is amended as follows.
(3) After
subsection (1) insert –
“(1A) Liability to pay a sum under regulations under subsection (1)
is subject to any concession applying in accordance with a determination by the
BBC under section 365A.”
(4) In
subsection (4)(a) after “concession” insert “provided for by the
regulations”.
(5) In subsection (5)
for “The reference to a concession in subsection (4)” substitute “A
reference in this section or section 365A to a concession”.
(6) After
subsection (5) insert –
“(5A) Regulations under this section may not provide for a concession that
requires the person to whom the TV licence is issued, or another person, to be
of or above a specified age, unless –
(a) the age specified is
below 65, and
(b) the requirement is
not satisfied if the person concerned is 65 or over at the end of the month in
which the licence is issued.
(5B) Subsection (5A) does not apply to –
(a) the concession
provided for by regulation 3(d) of and Schedule 4 to the
Communications (Television Licensing) Regulations 2004 (S.I. 2004/692)
(accommodation for residential care), or
(b) a concession in
substantially the same form.”
(7) After section 365
insert –
“365A TV licence fee concessions by reference to
age
(1) For the purposes of section 365(1A) the BBC may determine
that a concession in specified terms is to apply.
(2) Any concession under this section must include a requirement
that the person to whom the TV licence is issued, or another person, is of or
above a specified age, which must be 65 or higher, at or before the end of the
month in which the licence is issued.
(3) A determination under this section –
(a) may in particular provide for a
concession to apply, subject to subsection (2), in circumstances where a
concession has ceased to have effect by virtue of section 365(5A), but
(b) may not provide for a concession to apply in the same
circumstances as a concession within section 365(5B).
(4) A determination under this section may include provision for the means by which an entitlement to a concession must be
established.
(5) A determination under this section –
(a) may make different provision for different cases (including
different provision in respect of different areas);
(b) may include transitional provision.
(6) A determination under this section –
(a) must be in writing;
(b) must be published in whatever way the BBC considers appropriate.
(a) may vary a determination by a further determination under this section;
(b) may determine that a concession is to cease to apply (and
accordingly revoke a determination under this section).
(8) Before making, varying or revoking a determination the BBC must
consult any persons it considers appropriate.”
90–116 * * *
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PART 7
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SCHEDULES 1–9
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