L.7/2004
Broadcasting and
Communications (Jersey) Order 2004
Sanctioned by Order of Her Majesty in
Council
In force date 27th
February 2004
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 and in exercise of the powers conferred upon her by
section 20(3) of the Wireless Telegraphy Act 1949 as it has effect by
virtue of section 9(2) of the Wireless Telegraphy Act 1998,
section 9(3) of the Wireless Telegraphy Act 1998 and
sections 402(3)(b) and (c) and 411(6) and (8) of the Communications Act
2003, is pleased, by and with the advice of Her Privy Council, to order, and it
is hereby ordered, as follows:
1 Citation
and commencement
(1) This
Order may be cited as the Broadcasting
and Communications (Jersey) Order 2004 and shall come into force on 27th
February 2004.
(2) In
respect of any provision of the 2003 Act that is extended to Jersey (whether
with or without modifications) by this Order and that is to any extent brought
into force in the United Kingdom on a date specified in the Office of Communications Act 2002
(Commencement No. 3) and Communications Act 2003 (Commencement No. 2)
Order 2003 (“the No. 2
Order”) –
(a) any
provision of the 2003 Act so extended, and any modification to that provision
made by this Order, shall be of no effect in or in relation to Jersey in
relation to any time before the date specified in the No. 2 Order as the date on which that provision is to come into force in the
United Kingdom;
(b) where
any provision of the 2003 Act so extended is brought into force in the United
Kingdom for certain purposes or to a certain extent, as specified in the No. 2 Order, that provision, and any modification to that provision made by this
Order, shall have effect in Jersey only for the purposes or to the extent so specified;
(c) any
provision of the 2003 Act so extended, and any such modification, shall have
effect in Jersey subject to any transitional
or transitory provision made in the No. 2 Order in relation to that provision.
2 Interpretation
In this
Order –
“the 2003 Act”
means the Communications Act 2003;
“the Broadcasting Order” means the
Broadcasting (Jersey) Order 2003;
“the Communications Order” means
the Communications (Jersey) Order
2003;
“Jersey”
means the Bailiwick of Jersey; and
“the Channel Islands” means the Bailiwicks of Jersey and
Guernsey.
3 Revocations
Article 2 of the
Wireless Telegraphy (Channel Islands) (Amendment) Order 1997[1] (which amended section 1 of the Wireless Telegraphy Act
1949, as inserted by paragraph 2 of the
Schedule to, and as extended to the Channel Islands by, the Wireless Telegraphy
(Channel Islands) Order 1952,[2] as it applies to Jersey, is revoked.
4 Extension
of the 2003 Act
Sections 363, 364, 365, 366 and 368 in Part 4 of the 2003 Act
shall extend, with the modifications specified in Schedule 1 to this
Order, to Jersey.
5
For the purpose of
construing the provisions of the 2003 Act, as extended by this Order as part of
the law of Jersey, any reference to an enactment which extends to Jersey shall,
except where a contrary intention appears, be construed as a reference to that
enactment as it has effect in Jersey.
6 Amendment
of the Broadcasting and
Communications Orders
(1) The
Broadcasting Order is hereby
amended in accordance with Part I of Schedule 2 to this Order.
(2) The
Communications Order is
hereby amended in accordance with Part II of Schedule 2 to this
Order.
A.K. GALLOWAY
Clerk of the Privy Council.
SCHEDULE 1
(Article 4)
part
i
MODIFICATIONS
with which PROVISIONS OF THE COMMUNICATIONS ACT 2003 extend TO JERSEY
1
In section 363
(Licence required for use of TV receiver) –
(a) in
subsection (4) omit the words “, on summary conviction,”
and for “level 3” substitute “level 2”; and
(b) after
subsection (7), insert the following –
“(8) Regulations made by the
Secretary of State in the United Kingdom under section 363(6) shall not
have effect in the Bailiwick of Jersey until they have been registered in the
Royal Court, and where such Regulations have been so registered, they shall
have effect on the day following the day of such registration or on the day of
coming into force specified in the Regulations, whichever is the later.”.
2
In section 364 (TV
licences), in subsection (9)(b) for the words “section 7 of the
Interpretation
Act 1978 (service by post)”, substitute
“Article 12 of the Interpretation (Jersey)
Law 1954”.
3
In section 365 (TV
licence fees) –
(a) after
subsection (4)(b), insert the following –
“(c) where
the regulations relate to the fees payable in respect of a TV licence
authorising the installation and use of one or more television receivers in
accommodation for residential care, for that accommodation to include
accommodation provided or managed by a body approved by [the President or
Vice-President of] the Health and Social Services Committee of the States of
Jersey for the purposes of the regulations.”;
(b) omit
subsection (6); and
(c) after
subsection (8), insert the following –
“(9) Regulations made by the
Secretary of State in the United Kingdom under section 365(1) shall not
have effect in the Bailiwick of Jersey until they have been registered in the
Royal Court, and where such Regulations have been so registered, they shall
have effect on the day following the day of such registration or on the day of
coming into force specified in the Regulations, whichever is the later.”.
4
In section 366
(Powers to enforce TV licensing) –
(a) in
subsection (1), for the words “a justice” to “Ireland”,
substitute “the Bailiff” and for “information”
substitute “evidence”;
(b) in
subsection (2) –
(i) after
“OFCOM” insert “, accompanied by a police officer,”;
and
(ii) in
subsection (2)(a) omit the words “(either alone or in the company of
one or more constables)”;
(c) in
subsection (6), after the word “section” insert “or a
police officer”;
(d) in
subsection (9), omit the words “on summary conviction,” and
for “level 5” substitute “level 3”; and
(e) omit
subsections (11) and (12).
SCHEDULE 2
(Article 5)
part
i
AMENDMENTS
OF THE BROADCASTING (JERSEY) ORDER 2003
In
section 1 –
(a) in
paragraph 46, after the words “In section 109” insert
“(4)”; and
(b) omit
paragraph 58.
part
iI
AMENDMENTS
OF THE COMMUNICATIONS (JERSEY) ORDER 2003
In Schedule 2 –
(a) in
paragraph 20, for the words “in the inserted section” to
“by this section” substitute “in subsection (2)”;
(b) in
paragraph 23(b), for the words “(2C) and (2D)” substitute
“(1C) and (1D)”;
(c) omit
paragraph 33;
(d) in
paragraph 58, for the words “insert” to “Jersey”, substitute “, wherever they
occur, insert “or the Bailiwick of Jersey”.”;
(e) in
paragraph 69(b), omit the reference to subsection (3)(e);
(f) in
paragraph 76(a), in the third line of the inserted subsection (7),
for the word “say” substitute “day”;
(g) in
paragraph 82, for the word “for” substitute
“after”;
(h) in
paragraph 86(a), for the words “subsection (2)(1)”
substitute “subsection (1)”;
(i) in paragraph 94(c), for the words
“ “TV licence” ” substitute
“ “representation” ”;
(j) in
paragraph 94(e), after the first quotation marks, but before the word
“Welsh”, insert the word “the”;
(k) for
paragraph 106, substitute the following –
In Schedule 13 (Financial penalties under the Broadcasting Acts) –
(a) omit paragraphs 2(3),
3(2), 4(4), 5(2), 6(3), 7(3), 8(2), 9(3), 11(3), 13(3), 14(6), 15(6), 17(2),
19(4), 20(7) and 21(7); and
(b) omit the
section 36(3) of the 1990 Act inserted by paragraph 16 and the
section 69(3) of the 1990 Act inserted by paragraph 22.”;
(l) in
paragraph 108 –
(i) in
sub-paragraph (f), after “75” insert “in the substituted
section 2 of the 1996 Act,”; and
(ii) omit
sub-paragraph (g)(iii) and the word “and” at the end of sub-paragraph (g)(ii);
(m) for
paragraph 109(g) substitute the following –
“(g) in paragraph 33(1), for
the words “of that Act” substitute the words “of the Marine
etc. Broadcasting (Offences) Act 1967”;”;
(n) in
paragraph 110 –
(i) omit
sub-paragraph (d); and
(ii) renumber
the subsequent paragraph (e) as paragraph (d);
(o) in
paragraph 111(d), sixth line down, omit the words “Paragraph 4
of Part I of”;
(p) in
paragraph 111(e), last line, omit the reference to paragraph 10.