SCHEDULE
(Article 3)
part
i
EXCEPTIONS,
ADAPTATIONS AND MODIFICATIONS IN THE EXTENSION OF PROVISIONS OF THE
TELECOMMUNICATIONS ACT 1984 TO JERSEY
1
Any reference to an Act
of Parliament (including the Telecommunications Act 1984), or to a
provision thereof, shall be construed, unless the contrary intention appears,
as a reference to that Act or provision as it has effect in Jersey.
2
For any reference to a constable there shall be substituted
a reference to a police officer.
3
Section 74 shall be omitted.
4
In section 75 –
(a) subsection (1)
shall be omitted,
(b) in subsection (2),
the words from “for the purpose of” to the end shall be omitted,
and
(c) in subsection
(3) –
(i) the words
“in this section or” and paragraph (a) shall be omitted, and
(ii) in paragraph (b),
for “that date” in the first place where it occurs there shall be
substituted “this section is extended to Jersey”.
5
Section 77 shall be omitted.
6
In section 79 –
(a) for
subsection (1)(a) and (b) there shall be substituted –
(a) any offence under the
1949 Act other than one consisting in the installation or use, otherwise than
under and in accordance with a wireless telegraphy licence, of any apparatus
not designed for emission (as opposed to reception);”,
(b) subsection (1)(c)
and the word “; and” immediately before it shall be omitted,
and
(c) subsection (6)(b)
and the word “; and” immediately before it shall be omitted.
7
Sections 80 and 81 shall be omitted.
8
(1) Section 82 shall
be modified in accordance with sub-paragraph (2) of this paragraph.
(2) In the subsections
which section 82 substitutes for subsection (3) of section 14 of
the Wireless
Telegraphy Act 1949 –
(a) in subsection
(3) –
(i) paragraph (c)
and the word “; or” immediately before it shall be omitted,
(ii) for the words
“Secretary of State” there shall be substituted “Crown for
the benefit of the Crown Revenues of the Bailiwick of Jersey”, and
(iii) the words “or
(c)” shall be omitted,
(b) subsection (3A) shall
be omitted,
(c) in
subsection (3B), for “by the Secretary of State in such manner as he
thinks fit” there shall be substituted “in such manner as the
Viscount thinks fit”,
(d) subsection (3C)
shall be omitted,
(e) in subsections (3D) and
(3E), for “the Secretary of State” there shall be substituted
“a police officer”.
9
In section 83 –
(a) in
subsection (1)(b), the words “or proceedings for forfeiture of that
property under section 80 or 81 above”, and
(b) in
subsection (2)(b), the words “or under section 80 or 81
above”,
shall be omitted.
10
Sections 84 to 88 and 90 shall be omitted.
11
In section 91 –
(a) in subsection (1),
the words “or for the forfeiture of any apparatus under section 80
or 81 above” and the words from “(whether” to
“leave)”, and
(b) subsection (4),
shall be omitted.
12
In section 92(1) –
(a) there shall be
inserted, in the appropriate place, the following definition –
“ “police
officer” means a member of the Honorary Police or of the States of Jersey
Police.”; and
(b) the definition of
“the 1967 Act” shall be omitted.
13
In section 106(4), after the words “country or
territory outside the United
Kingdom” there shall be inserted
“and the Bailiwick of Jersey”.
14
Section 109(6) shall have effect only so far as it
relates to Part IV of Schedule 7.
15
(1) Schedule 3 shall
be modified in accordance with the following provisions of this paragraph.
(2) In the subsections
which paragraph 1 substitutes for section 14(1) of the Wireless Telegraphy Act
1949 –
(a) in subsection (1),
the words from “on summary” to “indictment”,
(b) in
subsection (1A), paragraphs (e) and (f) and the words “on
summary conviction”,
(c) in
subsection (1B), the words “on summary conviction”, and
(d) in
subsection (1C), the words “on summary conviction”,
shall be omitted.
(3) For the subsections
which paragraph 2 adds at the end of the said section 14 there shall
be substituted the following subsection –
“(8) In this section “police
officer” means a member of the Honorary Police or of the States of Jersey
Police and “the standard scale” means the standard scale of fines
for the time being specified in the Criminal Justice
(Standard Scale of Fines) (Jersey) Law 1993.[2]”
(4) Paragraph 3 shall be
omitted.
16
Part IV of Schedule 7 shall have effect in
relation only to such of the enactments specified there as have effect in Jersey.
PART
II
EXCEPTIONS,
ADAPTATIONS AND MODIFICATIONS IN THE EXTENSION OF PROVISIONS OF THE
BROADCASTING ACT 1990 TO JERSEY
1.
Any reference to an Act of Parliament, or to a provision
thereof, shall be construed, unless the contrary intention appears, as a
reference to that Act or provision as it has effect in Jersey.
2
In section 172, in the subsection (3) which
subsection (4) substitutes for section 14(3) of the Wireless Telegraphy Act
1949 –
(a) after paragraph (a)
there shall be inserted the word “or”,
(b) paragraph (b)
shall be omitted,
(c) paragraph (d) and
the word “or” immediately before it shall be omitted, and
(d) for the words
“Secretary of State” there shall be substituted “Crown for
the benefit of the Crown Revenues in the Bailiwick of Jersey”.
3
In section 173(4), for the words
“subsection (1)(b)” there shall be substituted
“subsection (1)(a)”.
TELECOMMUNICATIONS
ACT 1984
(1984 c. 12)
ARRANGEMENT OF SECTIONS
PARTs
I to v
Section
* * * * * * *
PART
VI
PROVISIONS
RELATING tO WIRELESS TELEGRAPHY
Amendment
and enforcement of Wireless Telegraphy Acts
74 * * * * * * *
75 Alteration
of penalties and mode of trial for certain offences under the 1949 Act.
76 Arrest
without warrant for certain offences under the 1949 Act.
77 * * * * * * *
78 Regulations
with respect to resistance to interference.
79 Seizure
of apparatus and other property used in committing certain offences under the
1949 Act.
80 * * * * * * *
81 * * * * * * *
82 Amendments
with respect to forfeiture on conviction.
83 Disposal
of apparatus and other property seized by virtue of section 79.
Approvals
84 * * * * * * *
Marking
etc. of apparatus
85 * * * * * * *
86 * * * * * * *
87 * * * * * * *
Miscellaneous
and supplemental
88 * * * * * * *
89 Abolition
of advisory committee.
90 * * * * * * *
91 Construction
of references to conclusion of proceedings.
92 Interpretation
of Part VI and minor amendments.
PART
VII
MISCELLANEOUS
AND SUPPLEMENTAL
Miscellaneous
* * * * * * *
Supplemental
101 * * * * * * *
102 Offences by bodies corporate
103 * * * * * * *
104 * * * * * * *
105 * * * * * * *
106 General interpretation.
107 * * * * * * *
108 * * * * * * *
109 Amendments, transitional
provisions and repeals.
110 Short title, commencement and
extent.
SCHEDULES
Schedules 1–2 – * * * * * * *
Schedule 3 – Penalties
and mode of trial under the Wireless
Telegraphy Act 1949.
Schedules 4–6 – * * * * * * *
Schedule 7 – Repeals.
ELIZABETH II
1984 c. 12
AN ACT to provide for the appointment and
functions of a Director General of Telecommunications; to abolish British
Telecommunications’ exclusive privilege with respect to
telecommunications and to make new provision with respect to the provision of
telecommunication services and certain related services; to make provision, in
substitution for the Telegraph Acts
1863 to 1916 and Part IV of the Post Office Act 1969, for the
matters there dealt with and related matters; to provide for the vesting of
property, rights and liabilities of British Telecommunications in a company
nominated by the Secretary of State and the subsequent dissolution of British
Telecommunications; to make provision with respect to the finances of that
company; to amend the Wireless
Telegraphy Acts 1949 to 1967, to make further provision for facilitating
enforcement of those Acts and otherwise to make provision with respect to
wireless telegraphy apparatus and certain related apparatus; to give statutory
authority for the payment out of money provided by Parliament of expenses
incurred by the Secretary of State in providing a radio interference service;
to increase the maximum number of members of British Telecommunications pending
its dissolution; and for connected purposes.
[12th April 1984]
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[3] –
PARTS I
to v
* * * * * * *
PART VI
PROVISIONS
RELATING TO WIRELESS TELEGRAPHY
Amendment
and enforcement of Wireless Telegraphy Acts
74 Restriction on
revocation or variation of certain wireless telegraphy licences
* * * * * * *
75 Alteration of
penalties and mode of trial for certain offences under the 1949 Act
(1) *
*
*
*
*
(2) Schedule 3
to this Act shall have effect
* * *.
(3) Nothing
* * * in
any provision of Schedule 3 to this Act –
(a) *
*
*
*
*
(b) shall
render a person liable in respect of an offence committed before [this section
is extended to Jersey] to a punishment more
severe than the punishment applicable in the case of that offence immediately
before that date;
but except as provided
above in this subsection the provisions of section 14 of the 1949 Act, as
amended by Schedule 3 to this Act and by section 82 below, shall have
effect in relation to any conviction on or after that date of an offence under
that Act.
76 Arrest without
warrant for certain offences under the 1949 Act
(1) This
section applies to –
(a) any
indictable offence under the 1949 Act; and
(b) any
offence under section 1(1) of that Act other than one consisting in the
installation or use, otherwise than under and in accordance with a wireless
telegraphy licence, of any apparatus not designed or adapted for emission (as
opposed to reception).
(2) A
[police officer] may arrest without warrant a person who has committed, or whom
the [police officer] with reasonable cause suspects to have committed, an
offence to which this section applies, if the name and address of that person
are unknown to, and cannot be ascertained by, the [police officer] or the
[police officer] has reasonable grounds for doubting –
(a) whether
a name and address furnished by that person as his name and address are his
real name and address; or
(b) whether
that person will be at an address furnished by him for a sufficiently long
period for it to be possible to serve him with a summons.
(3) The
preceding provisions of this section do not apply to Scotland.
(4) This
section shall not prejudice any power of arrest conferred by law apart from
this section.
77 Substitution of
new section for section 7 of the 1967 Act
* * * * * *
78 Regulations with
respect to resistance to interference
The following section
shall be inserted in the 1949 Act immediately after
section 12 –
“12A Regulations with
respect to resistance to interference
(1) This section applies to
wireless telegraphy apparatus and to any apparatus designed or adapted for use
in connection with wireless telegraphy apparatus.
(2) The Secretary of State
may by regulations prescribe requirements (referred to below in this section as
technical requirements) to be complied with in the case of apparatus to which
this section applies of any class or description specified in the regulations.
(3) The technical
requirements prescribed in respect of any apparatus shall be such as appear to
the Secretary of State to be appropriate for the purpose of minimising so far
as practicable the risk of interference, arising from the lawful use of any
other apparatus, with any wireless telegraphy the apparatus to which the
requirements apply (or any apparatus used in connection with it) is designed or
adapted to receive.
(4) The Secretary of State
shall not by regulations under this section prescribe any technical
requirements unless the Secretary of State is satisfied that those requirements
are compatible with the international obligations of the United Kingdom; and
where any statutory instrument containing such regulations contains a statement
that the Secretary of State is so satisfied, that statement shall be evidence
(and, in Scotland, sufficient evidence) of that fact.
(5) Subject to
subsection (6) of this section, any person who in the course of
business –
(a) sells
otherwise than for export or offers for sale otherwise than for export any
apparatus which does not comply with the technical requirements applicable to
it under regulations made under this section; or
(b) lets
on hire or offers to let on hire any such apparatus; or
(c) indicates
(whether by display of the apparatus or by any form of advertisement) his
willingness to do anything in relation to any such apparatus that falls within
paragraph (a) or (b) above;
shall be guilty of an offence under this Act.
(6) In proceedings for an
offence under this section brought against any person other than one who in the
course of business has manufactured, assembled or imported the apparatus to
which the proceedings relate it shall be a defence for the accused to show that
he did not know and could not with reasonable care have ascertained that the
apparatus did not comply with the requirements in question.”.
79 Seizure of
apparatus and other property used in committing certain offences under the 1949
Act
(1) This
section applies to –
[(a) any offence under the 1949 Act other than one
consisting in the installation or use, otherwise than under and in accordance
with a wireless telegraphy licence, of any apparatus not designed for emission
(as opposed to reception),]
* * *
(c) *
*
*
*
*
(2) Where –
(a) a
search warrant is granted under section 15(1) of the 1949 Act (entry and
search of premises, etc.); and
(b) the
suspected offence (or any of the suspected offences) is an offence to which
this section applies;
the warrant may authorise
the person or persons named in it to seize and detain, for the purposes of any
relevant proceedings, any apparatus or other thing found in the course of the
search carried out in pursuance of the warrant which appears to him or them to
have been used in connection with or to be evidence of the commission of any
such offence.
(3) If
a [police officer] or any person authorised by the Secretary of State to
exercise the power conferred by this subsection has reasonable grounds to
suspect that an offence to which this section applies has been or is being
committed, he may seize and detain, for the purpose of any relevant proceedings,
any apparatus or other thing which appears to him to have been used in
connection with or to be evidence of the commission of any such offence.
(4) Nothing
in this section shall prejudice any power to seize or detain property which is
exercisable by a [police officer] apart from this section.
(5) Any
person who intentionally obstructs any person in the exercise of the power
conferred on him under subsection (3) above shall be guilty of an offence
under the 1949 Act.
(6) References
in this section to relevant proceedings are references to –
(a) any
proceedings for an offence to which this section applies;
* * *
(b) *
*
*
*
*
80 Proceedings in England and Wales or Northern Ireland for forfeiture of
restricted apparatus
* * * * * * *
81 Proceedings in Scotland for forfeiture of
restricted apparatus
* * * * * * *
82 Amendments with
respect to forfeiture on conviction
The following subsections
shall be substituted for subsection (3) of section 14 of the 1949 Act
(forfeiture of wireless telegraphy apparatus used in commission of certain
offences) –
“(3) Where a person is convicted
of –
(a) an
offence under this Act consisting in any contravention of any of the provisions
of Part I of this Act in relation to any station for wireless telegraphy
or any wireless telegraphy apparatus or in the use of any apparatus for the
purposes of interfering with any wireless telegraphy; or
(b) any
offence under section 12A of this Act;
* * *
(c) *
*
*
*
*
the court may, in addition to any other penalty, order all or any of
the apparatus of the station, or (as the case may be) of the apparatus in
connection with which the offence was committed, to be forfeited to the [Crown
for the benefit of the Crown Revenues of the Bailiwick of Jersey].
The power conferred by virtue of paragraph (a) * * *
above does not apply to wireless telegraphy apparatus not designed or adapted
for emission (as opposed to reception).
(3A) *
*
*
*
*
(3B) Apparatus may be ordered to be
forfeited under this section notwithstanding that it is not the property of the
person by whom the offence giving rise to the forfeiture was committed, and any
apparatus ordered to be forfeited under this section may be disposed of [in
such manner as the Viscount thinks fit].
(3C) * *
*
*
*
(3D) The court by whom any apparatus is
ordered to be forfeited under this section may also order the person by whom
the offence giving rise to the forfeiture was committed not to dispose of that
apparatus except by delivering it up to [a police officer] within forty-eight
hours of being so required by him.
(3E) If a person against whom an order
is made under subsection (3D) of this section contravenes that order or
fails to deliver up the apparatus to [a police officer] as required he shall be
guilty of a further offence under this Act which, for the purpose of
determining the appropriate penalty in accordance with the provisions of this
section relating to penalties (whether as originally enacted or as substituted
by paragraph 1 of Schedule 3 to the Telecommunications Act 1984), shall
be treated as an offence under the same provision as the offence for which the
forfeiture was ordered.”.
83 Disposal of
apparatus and other property seized by virtue of section 79
(1) Any
property seized by a person authorised by the Secretary of State in pursuance
of a warrant under section 15(1) of the 1949 Act or in exercise of the
power conferred by section 79(3) above may be detained –
(a) until
the end of the period of six months beginning with the date of the seizure; or
(b) if
proceedings for an offence to which section 79 above applies involving
that property
* * * are
instituted within that period, until the conclusion of those proceedings.
(2) After
the end of the period for which its detention is authorised by virtue of
subsection (1) above, any such property which –
(a) remains
in the possession of the Secretary of State; and
(b) has
not been ordered to be forfeited under section 14 of the 1949 Act (which
includes provision for forfeiture of wireless telegraphy apparatus used in the
commission of certain offences)
* * *
shall be dealt with in
accordance with the following provisions of this section (and references in
those provisions to the relevant property are references to any property to
which this subsection applies).
(3) The
Secretary of State shall take reasonable steps to deliver the relevant property
to any person appearing to him to be its owner.
(4) Where
the relevant property remains in the possession of the Secretary of State after
the end of the period of one year immediately following the end of the period
for which its detention is authorised by subsection (1) above, the
Secretary of State may dispose of it in such manner as he thinks fit.
(5) The
delivery of the relevant property in accordance with subsection (3) above
to any person appearing to the Secretary of State to be its owner shall not
affect the right of any other persons to take legal proceedings against the
person to whom it is delivered or against anyone subsequently in possession of
the property for the recovery of the property.
Approvals
84 Approval of
wireless telegraphy apparatus etc.
* * * * * * *
Marking
etc. of apparatus
85 Information etc.
to be marked on or to accompany apparatus
* * * * * * *
86 Information etc.
to be given in advertisements
* * * * * * *
87 Offences under
section 85 or 86 due to default of third person
* * * * * * *
Miscellaneous
and supplemental
88 Wireless
telegraphy functions of Director
* * * * * * *
89 Abolition of
advisory committee
The committee established
under section 9(1)(a) of the 1949 Act (the advisory committee on
interference with wireless telegraphy) is hereby abolished; and the provisions
of that Act relating to that committee shall accordingly cease to have effect.
90 Radio
interference service
* * * * * * *
91 Construction of
references to conclusion of proceedings
(1) Where
proceedings for an offence under the 1949 Act
* * *
have been terminated by any decision of a description against which an appeal
will lie * * *,
those proceedings shall not be regarded as concluded for the purpose of section
83(1)(b) above –
(a) until
the end of the ordinary time for appeal against that decision, if no appeal
proceedings in respect of it are brought within that time; or
(b) if
any such proceedings are so brought, until the conclusion of the appeal
proceedings.
(2) Subsection (1)
above shall apply for determining, for the purposes of paragraph (b) of
that subsection or section 89(9)(b) above, when any appeal proceedings are
concluded as it applies for determining when original proceedings for an
offence or (as the case may be) for the forfeiture of any apparatus under that
section are concluded.
(3) References
in subsection (1) above, as it applies in relation to any proceedings, to
a decision terminating those proceedings, include references to any verdict,
sentence, finding or order which puts an end to those proceedings.
(4) *
*
*
*
*
92 Interpretation of
Part VI and minor amendments
(1) In
this Part –
“the 1949 Act”
means the Wireless Telegraphy Act
1949;
*
*
*
*
*
[“police
officer” means a member of the Honorary Police or of the States of Jersey
Police;]
“wireless
telegraphy”, “wireless telegraphy apparatus”,
“emission” and “interference” have the same meanings as
in the 1949 Act.
(2) In
section 15(4) of the 1949 Act (obstruction of search and seizure powers,
etc.) –
(a) in
paragraph (a) the word “intentionally” shall be inserted
before the word “obstructs”; and
(b) in
paragraph (b) the words “without reasonable excuse” shall be
inserted before the words “fails or refuses”.
(3) In
section 19(1) of the 1949 Act (meaning of “wireless
telegraphy”) in paragraph (iii) of the proviso for the words
“electrically coupled” there shall be substituted the words
“coupled by means of any material substance”.
(4) In
paragraph 6 of Schedule 2 to the 1949 Act (rules of procedure for
appeal tribunal to be made by tribunal) for the words from “by the
tribunal” to the end of the paragraph there shall be substituted the
words “by the Secretary of State by statutory instrument.”.
PART VII
MISCELLANEOUS
AND SUPPLEMENTAL
Miscellaneous
*
*
*
*
*
*
*
Supplemental
101 General restrictions on
disclosure of information
* * * * * * *
102 Offences by bodies corporate
(1) Where
a body corporate is guilty of an offence under this Act and that offence is
proved to have been committed with the consent or connivance of, or to be
attributable to any neglect on the part of, any director, manager, secretary or
other similar officer of the body corporate or any person who was purporting to
act in any such capacity he, as well as the body corporate, shall be guilty of
that offence and shall be liable to be proceeded against and punished
accordingly.
(2) Where
the affairs of a body corporate are managed by its members, subsection (1)
above shall apply in relation to the acts and defaults of a member in
connection with his functions of management as if he were a director of the
body corporate.
103 Summary proceedings
* * * * * * *
104 Orders and schemes
* * * * * * *
105 Financial provisions
* * * * * * *
106 General interpretation
(1) *
*
*
*
*
(2) *
*
*
*
*
(3) *
*
*
*
*
(4) Any
power conferred on the Secretary of State by this Act to give a direction if it
appears to him to be requisite or expedient to do so in the interests of
national security or relations with the government of a country or territory
outside the United Kingdom [and the Bailiwick of Jersey] includes power to give
the direction if it appears to him to be requisite or expedient to do so in
order –
(a) to
discharge, or facilitate the discharge of, an obligation binding on Her
Majesty’s Government in the Unite Kingdom
by virtue of it being a member of an international organisation or a party to
an international agreement;
(b) to
attain, or facilitate the attainment of, any other objects the attainment of
which is, in the Secretary of State’s opinion, requisite or expedient in
view of Her Majesty’s Government in the United Kingdom being a member of
such an organisation or a party to such an agreement; or
(c) to
enable Her Majesty’s Government in the United Kingdom to become a member
of such an organisation or a party to such an agreement.
(5) For
the purposes of any licence granted, approval given or order made under this
Act any description or class may be framed by reference to any circumstances
whatsoever.
107 Application to territorial
waters and the continental shelf etc.
* * * * * * *
108 Extension to the Isle of Man and the Channel
Islands
* * * * * * *
109 Amendments, transitional
provisions and repeals
(1) *
*
*
*
*
(2) *
*
*
*
*
(3) *
*
*
*
*
(4) *
*
*
*
*
(5) *
* *
*
*
(6) The
enactments mentioned in Schedule 7 to this Act (which include some that
are spent or no longer of practical utility) are hereby repealed to the extent
specified in the third column of that Schedule.
(7) *
*
*
*
*
110 Short title, commencement and
extent
(1) This
Act may be cited as the Telecommunications
Act 1984.
(2) *
*
*
*
*
(3) *
*
*
*
*
(4) *
*
*
*
*
(5) *
*
*
*
*
(6) *
*
*
*
*
SCHEDULES
SCHEDULES 1–2
* * * * * * *
SCHEDULE
3
PENALTIES
AND MODE OF TRIAL UNDER THE WIRELESS TELEGRAPHY ACT 1949
1 The
following subsections shall be substituted for subsection (1) of
section 14 of the 1949 Act –
“(1) Any person
committing –
(a) any
offence under section 5(a) of this Act; or
(b) any
offence under section 13 of this Act;
shall be liable
* * * to
imprisonment for a term not exceeding two years or a fine or both.
(1A) Any person committing –
(a) any
offence under section 1(1) of this Act consisting in the installation or
use, otherwise than under and in accordance with a wireless telegraphy licence,
of any apparatus not designed or adapted for emission (as opposed to
reception); or
(b) any
offence under section 3(2) of this Act consisting in a contravention, in
relation to any such apparatus, of any regulations made under that section; or
(c) any
offence under section 11(7) or 12(5) of this Act involving or consisting
in a contravention of a notice of the Secretary of State in relation to any
apparatus, not being apparatus the use of which is likely to cause undue
interference with any wireless telegraphy used for the purpose of any safety of
life service or any purpose on which the safety of any person or of any vessel,
aircraft or vehicle may depend; or
(d) any
offence under section 1(5) or 7(4) of this Act; or
(e) *
*
*
*
*
(f) *
*
*
*
*
shall be liable
* * * to
a fine not exceeding level 3 on the standard scale.[4]
(1B) Any person committing –
(a) any
offence under section 1(1) of this Act other than one within
subsection (1A)(a) of this section; or
(b) any
offence under section 11(7) of this Act other than one within subsection (1A)(c)
of this section;
shall be liable
* * * to
imprisonment for a term not exceeding three months or to a fine not exceeding
level 5 on the standard scale,[5] or both.
(1C) Any person committing any other
offence under this Act shall be liable
* * * to
a fine not exceeding level 5 on the standard scale.[6]”.
2 The
following subsections shall be added at the end of section 14 of the 1949
Act –
“(8) In this section “police
officer” means a member of the Honorary Police or of the States of Jersey
Police and “the standard scale” means the standard scale of fines
for the time being specified in the Criminal
Justice (Standard Scale of Fines) (Jersey) Law 1993.[7]”.
3. *
*
*
*
*
SCHEDULES
4–6
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SCHEDULE
7
REPEALS
PArt
i
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PART II
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PART IIi
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part iv
Wireless telegraphy repeals
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Chapter
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Short title
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Extent of repeal
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12, 13 & 14
Geo.6 c.54
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The Wireless
Telegraphy Act 1949
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Section 9(1)(a) and (2).
In section 9(7),
the words “the advisory committee and” and the words from
“in the case of the committee” to “the tribunal”.
In section 10(1),
the words from “after” to “committee”.
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1967 c.72
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The Wireless
Telegraphy Act 1967
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In section 9(3),
the words from “and accordingly” to the end.
Section 11.
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1975 c.21
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The Criminal
Procedure (Scotland)
Act 1975.
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In Schedule 7C,
the entry relating to the Wireless Telegraphy Act 1949.
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1977 c.45
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The Criminal Law
Act 1977.
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In Schedule 6, the
entry relating to the Wireless Telegraphy Act 1949.
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ELIZABETH II
1990 c.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 provide for the establishment and functions
of a Broadcasting Standards Council; to amend the Wireless Telegraphy Acts 1949 to
1967 and 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.
[November 1, 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[8] –
PARTS I
to vII
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PART VIII
PROVISIONS
RELATING TO WIRELESS TELEGRAPHY
168 Offence of keeping wireless
telegraphy station or apparatus available for unauthorised use
The following section
shall be inserted after section 1 of the Wireless Telegraphy Act
1949 (in this Part referred to as “the
1949 Act”) –
1A Offence
of keeping wireless telegraphy station or apparatus available for unauthorised
use
Any person who has any station for wireless telegraphy or apparatus
for wireless telegraphy in his possession or under his control and
either –
(a) intends to use it in
contravention of section 1 of this Act; or
(b) knows, or has
reasonable cause to believe, that another person intends to use it in
contravention of that section,
shall be guilty of an offence.”.
169 Offence of allowing premises
to be used for purpose of unlawful broadcasting
The following section
shall be inserted in the 1949 Act after the section 1A inserted by
section 168 above –
1B Offence
of allowing premises to be used for purpose of unlawful broadcasting
(1) A person who is in
charge of any premises which are used for making an unlawful broadcast, or for
sending signals for the operation or control of any apparatus used for the
purpose of making an unlawful broadcast from any other place, shall be guilty of
an offence if –
(a) he
knowingly causes or permits the premises to be so used; or
(b) having
reasonable cause to believe that the premises are being so used, he fails to
take such steps as are reasonable in the circumstances of the case to prevent
the premises from being so used.
(2) For the purposes of
this section a person is in charge of any premises if he –
(a) is
the owner or occupier of the premises; or
(b) has,
or acts or assists in, the management or control of the premises.
(3) For the purposes of
this section a broadcast is unlawful if –
(a) it
is made by means of the use of any station for wireless telegraphy or apparatus
for wireless telegraphy in contravention of section 1 of this Act; or
(b) the
making of the broadcast contravenes any provision of the Marine, &c.,
Broadcasting (Offences) Act 1967.
“broadcast” has the same meaning as in the Marine,
&c., Broadcasting (Offences) Act 1967;
“premises” includes any place and, in particular,
includes –
(a) any
vehicle, vessel or aircraft; and
(b) any
structure or other object (whether movable or otherwise and whether on land or
otherwise).”.
170 Prohibition of acts
facilitating unauthorised broadcasting
The following section
shall be inserted in the 1949 Act after the section 1B inserted by
section 169 above –
1C Prohibition
of acts facilitating unauthorised broadcasting
(a) does
any of the acts mentioned in subsection (2) in relation to a broadcasting
station by which unauthorised broadcasts are made, and
(b) if
any knowledge or belief of any circumstances is or are specified in relation to
the act, does it with that knowledge or belief or in those circumstances,
he shall be guilty of an offence.
(2) The acts referred to in
subsection (1) are –
(a) participating
in the management, financing, operation or day-to-day running of the station
knowing, or having reasonable cause to believe, that unauthorised broadcasts
are made by the station;
(b) supplying,
installing, repairing or maintaining any wireless telegraphy apparatus or any
other item knowing, or having reasonable cause to believe, that the apparatus
or other item is to be, or is, used for the purpose of facilitating the
operation or day-to-day running of the station and that unauthorised broadcasts
are made by the station;
(c) rendering
any other service to any person knowing, or having reasonable cause to believe,
that the rendering of that service to that person will facilitate the operation
or day-to-day running of the station and that unauthorised broadcasts are so
made;
(d) supplying
a film or sound recording knowing, or having reasonable cause to believe, that
an unauthorised broadcast of the film or recording is to be so made;
(e) making
a literary, dramatic or musical work knowing, or having reasonable cause to
believe, that an unauthorised broadcast of the work is to be so made;
(f) making
an artistic work knowing, or having reasonable cause to believe, that an
unauthorised broadcast including that work is to be so made;
(g) doing
any of the following acts, namely –
(i) participating
in an unauthorised broadcast made by the station, being actually present as an
announcer, as a performer or one of the performers concerned in an
entertainment given, or as the deliverer of a speech;
(ii) advertising, or
inviting another to advertise, by means of an unauthorised broadcast made by
the station; or
(iii) publishing the times or
other details of any unauthorised broadcasts made by the station or (otherwise
than by publishing such details) publishing an advertisement of matter
calculated to promote the station (whether directly or indirectly),
knowing, or having reasonable cause to believe, that unauthorised
broadcasts are made by the station.
(3) In any proceedings
against a person for an offence under this section consisting in the supplying
of any thing or the rendering of any service, it
shall be a defence for him to prove that he was obliged, under or by virtue of
any enactment, to supply that thing or render that service.
(4) If, by means of an
unauthorised broadcast made by a broadcasting station, it is stated, suggested
or implied that any entertainment of which a broadcast is so made has been
supplied by, or given at the expense of, a person, then for the purposes of
this section he shall, unless he proves that it was not so supplied or given,
be deemed thereby to have advertised.
(5) Section 46 of the Consumer Protection Act 1987 shall
have effect for the purpose of construing references in this section to the
supply of any thing as it has effect for the purpose
of construing references in that Act to the supply of any goods.
(6) In this
section –
“broadcast” has the same meaning as in the Marine,
&c., Broadcasting (Offences) Act 1967,
“broadcasting station” means any business or other
operation (whether or not in the nature of a commercial venture) which is
engaged in the making of broadcasts;
“film”, “sound recording”, “literary,
dramatic or musical work” and “artistic work” have the same
meaning as in Part I of the Copyright,
Designs and Patents Act 1988;
“speech” includes lecture, address and sermon; and
“unauthorised broadcast” means a broadcast made by means
of the use of a station for wireless telegraphy or wireless telegraphy
apparatus in contravention of section 1 of this Act.”
171 Amendments of the Marine,
&c., Broadcasting (Offences) Act 1967
The Marine, &c.,
Broadcasting (Offences) Act 1967 shall have effect subject to the amendments
specified in Schedule 16 (which include amendments that impose further
restrictions on broadcasting at sea and on acts facilitating such
broadcasting).
172 Amendments of provisions of
1949 Act relating to penalties and forfeiture
(1) Section 14
of the 1949 Act (penalties and legal proceedings) shall be amended as follows.
(2) In
subsection (1), the following paragraphs shall be inserted before
paragraph (a) –
“(aa) any offence
under section 1(1) of this Act other than one falling within
subsection (1A)(a) of this section;
(ab) any
offence under section 1A of this Act other than one falling within
subsection (1A)(aa) of this section;
(ac) any
offence under section 1B or 1C of this Act;”.
(3) In
subsection (1A), the following paragraph shall be inserted after paragraph (a) –
“(aa) any offence
under section 1A of this Act committed in relation to any wireless telegraphy
apparatus not designed or adapted for emission (as opposed to
reception);”.
(4) The
following subsections shall be substituted for subsection (3) –
“(3) Where a person is convicted
of –
(a) an
offence under this Act consisting in any contravention of any of the provisions
of Part I of this Act in relation to any station for wireless telegraphy
or any wireless telegraphy apparatus (including an offence under
section 1B or (1C of this Act) or in the use of any apparatus for the
purpose of interfering with any wireless telegraphy; [or]
(b) *
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(c) any
offence under the Marine, &c., Broadcasting (Offences) Act 1967;
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(d) *
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the court may, in addition to any other penalty, order such of the
following things to be forfeited to the [Crown for the benefit of the Crown
Revenues in the Bailiwick of Jersey] as the court considers appropriate, that
is to say –
(i) any
vehicle, vessel or aircraft, or any structure or other object, which was used
in connection with the commission of the offence;
(ii) any
wireless telegraphy apparatus or other apparatus in relation to which the offence
was committed or which was used in connection with the commission of it;
(iii) any
wireless telegraphy apparatus or other apparatus not falling within paragraph (ii)
above which was, at the time of the commission of the offence, in the
possession or under the control of the person convicted of the offence and was
intended to be used (whether or not by that person) in connection with the
making of any broadcast or other transmission that would contravene
section 1 of this Act or any provision of the Marine, &c.,
Broadcasting (Offences) Act 1967.
(3AA) The power conferred
by virtue of subsection (3)(a) above does not apply in a case where the
offence is any such offence as is mentioned in subsection (1A)(a) or (aa)
above.
(3AB) References in
subsection (3)(ii) or (iii) above to apparatus other than wireless
telegraphy apparatus include references to –
(a) recordings;
(b) equipment
designed or adapted for use –
(i) in
making recordings; or
(ii) in reproducing
from recordings any sounds or visual images; and
(c) equipment
not falling within paragraphs (a) and (b) above but connected, directly or
indirectly, to wireless telegraphy apparatus.”.
(5) In
subsection (3E), for the words from “(whether” to
provision” there shall be substituted “, shall be treated as
an offence committed under the same provision, and at the same time,”.
173 Extension of search and
seizure powers in relation to unlawful broadcasting etc.
(1) In
subsection (1) of section 15 of the 1949 Act (entry and search of
premises) –
(a) after
“Act” there shall be inserted “or under the Marine, &c.,
Broadcasting (Offences) Act 1967”; and
(b) the
words “and named in the warrant,” shall be omitted.
(2) In
subsection (2) of that section, the words “and named in the
authorisation” shall be omitted.
(3) The
following subsection shall be inserted after subsection (2) of that
section –
“(2A) Without prejudice to any power exercisable by
him apart from this subsection, a person authorised by the Secretary of State
or (as the case may be) by the BBC to exercise any power conferred by this
section may use reasonable force, if necessary, in the exercise of that
power.”.
(4) In
[subsection (1)(a)] of section 79 of the Telecommunications Act 1984
(seizure of apparatus and other property used in committing certain offences
connected with wireless telegraphy), the following paragraphs shall be inserted
after “reception)”; –
“(ba) any offence under section 5(b) of that Act;
(bb) any
offence under the Marine, &c., Broadcasting (Offences) Act 1967;”.
(5) In
subsection (2) of that section –
(a) for
“the person or persons named in it” there shall be substituted
“any person authorised by the Secretary of State to exercise the power
conferred by this subsection”; and
(b) the
words “or them” shall be omitted.
(6) The
following subsection shall be inserted after subsection (4) of that
section –
“(4A) Without prejudice to any power exercisable by
him apart from this subsection, a person authorised by the Secretary of State
to exercise any power conferred by this section may use reasonable force, if
necessary, in the exercise of that power.”.
174 Application of Part VIII to Isle of Man and Channel
Islands
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PARTS IX
TO X
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SCHEDULES
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