SCHEDULE
Article 3
MODIFICATIONS WITH WHICH PROVISIONS OF THE BROADCASTING ACT 1990 EXTEND TO JERSEY
1. In section 2 (function of Commission)—
(a) in subsection (1)(a) and (b) after the words “United Kingdom” insert “or the Bailiwick of Jersey”;
(b) in subsections (2)(a) and (5) after the words “United Kingdom” insert “and the Bailiwick of Jersey”; and
(c) omit subsection (3).
2. In section 3 (general provisions about licences), in subsection (8) after “1984” insert “or Article 5 of the Telecommunications (Jersey) Law, 1972”.
3. In section 8 (advertisements)—
(a) in subsection (2)(a) after the words “government department” insert “or the States of Jersey”; and
(b) for subsection (4) substitute—
“4 Subsection (2) above has effect as if any regulations under section 8(4) of the Broadcasting Act 1990 for the time being in force in the United Kingdom had extended to the Bailiwick of Jersey.”.
4. In section 9 (control of advertisments)—
(a) in subsection (4)(a) after the words “Secretary of State” insert “and the States of Jersey Broadcasting Committee”; and
(b) in subsection (4)(b) for the word “he” substitute “the Secretary of State”.
5. In section 10 (government control over licensed services), omit subsection (6).
6. In section 13 (prohibition on providing television services without a licence)—
(a) for subsection (2) substitute—
“2 Subsection (1) above has effect as if any order under section 13(2) of the Broadcasting Act 1990 for the time being in force in the United Kingdom had extended to the Bailiwick of Jersey.”;
(b) in subsection (3) for the words after “liable” substitute “to a fine”;
(c) in subsection (4) for the words after “instituted” substitute “except by or with the consent of Her Majesty’s Attorney General for Jersey”;
(d) in subsection (5) for the words “the Crown” substitute “Her Majesty’s Attorney General for Jersey”; and
(e) omit subsection (6).
7. In section 24 (provision of Channel 4), in subsection (3) for the words “England, Scotland and Northern Ireland” substitute “England, Scotland, Northern Ireland and the Bailiwick of Jersey”.
8. In section 26 (revenue deficits of Corporation)—
(a) for subsection (10) substitute—
“10 Subsections (2) and (4) above have effect as if any order under section 26(10) of the Broadcasting Act 1990 for the time being in force in the United Kingdom had extended to the Bailiwick of Jersey.”; and
(b) omit subsection (11).
9. In section 28 (Channel 5), in subsections (1) and (2) after the words “United Kingdom” insert “and the Bailiwick of Jersey”.
10. In section 29 (application of certain provisions to Channel 5), in subsection (2)(a) after the words “United Kingdom” insert “and the Bailiwick of Jersey”.
11. In section 34 (schools programmes), in subsection (2)(c) after the words “United Kingdom” insert “and the Bailiwick of Jersey”.
12. In section 39 (networking arrangements), in subsection (1) after the words “United Kingdom” insert “and the Bailiwick of Jersey”.
13. In section 43 (satellite services), in subsection (4)—
(a) after the definition of “allocated frequency” insert—
““the United Kingdom” includes the Bailiwick of Jersey;” ; and
(b) for the definition of “prescribed country” substitute—
““prescribed country” means any country specified in an order made for the purposes of section 43(4) of the Broadcasting Act 1990 for the time being in force in the United Kingdom.”
14. In section 45 (licensing of non-domestic satellite services)—
(a) for subsection (8) substitute—
“8 Subsection (6) above has effect as if any order under section 45(8) of the Broadcasting Act 1990 for the time being in force in the United Kingdom had extended to the Bailiwick of Jersey.”; and
(b) omit subsection (9).
15. In section 48 (additional services), in subsection (6) for the words after “paragraphs (a) to (d)” substitute “of Article 2(1) of the Telecommunications (Jersey) Law, 1972”.
16. In section 51 (procedure for awarding licences), in subsection (7) for the words “Director General of Telecommunications” substitute “States of Jersey Telecommunications Board”.
17. In section 53 (duration of licences, etc.), in subsection (7)(a) after the word “Commission” insert “for the benefit of the States of Jersey”.
18. In section 65 (assignment of frequencies), omit subsection (3).
19. In section 68 (receipts of Commission), after subsection (1)(c) insert—
“(d)
“(d) if the licence is for the provision of a service for the Bailiwick of Jersey, be paid to the Treasurer of the States of Jersey and credited to the annual income of the States; or
(e)
(e) if the licence is for the provision of a service for an area consisting of—
(i) the Bailiwick of Jersey and the whole or part of the United Kingdom, or
(ii) the Bailiwick of Jersey and the Bailiwick of Guernsey, or
(iii) both those Bailiwicks and the whole or part of the United Kingdom,
as respects such proportion of the amount as the Commission consider appropriate, be paid and credited as mentioned in paragraph (d) above.”.
20. In section 71 (interpretation of Part I), in subsection (1) omit the definition of “S4C”.
21. In section 84 (function of Radio Authority)—
(a) in subsection (1) after the words “United Kingdom”, wherever occurring, insert “or the Bailiwick of Jersey”;
(b) in subsection (2)(a)(i) and (ii) and where first occurring in (b)(ii), after the words “United Kingdom” insert “and the Bailiwick of Jersey”; and
(c) in subsection (2)(a)(iii) and (b)(i), in the second place in which they occur in (b)(ii), and in subsection (3), after the words “United Kingdom” insert “or the Bailiwick of Jersey”.
22. In section 85 (licensing functions)—
(a) in subsection (2) after the words “United Kingdom” insert “and the Bailiwick of Jersey”;
(b) omit subsection (4);
(c) for subsection (5) substitute—
“5 Subsection (2)(a) above and section 98(1)(b)(iii) below have effect as if any order under section 85(5) of the Broadcasting Act 1990 for the time being in force in the United Kingdom had extended to the Bailiwick of Jersey.”; and
(d) omit subsection (7).
23. In section 86 (licences under Part III), in subsection (9) after “1984” insert “or Article 5 of the Telecommunications (Jersey) Law, 1972”.
24. In section 92 (advertisements)—
(a) in subsection (2) after the words “government department” insert “or the States of Jersey”; and
(b) for subsection (4) substitute—
“4 Subsection (2) above has effect as if any regulations under section 92(4) of the Broadcasting Act 1990 for the time being in force in the United Kingdom had extended to the Bailiwick of Jersey.”.
25. In section 93 (control of advertisements)—
(a) in subsection (4)(a) after the words “Secretary of State” insert “and the States of Jersey Broadcasting Committee”; and
(b) in subsection (4)(b) for the word “he” substitute “the Secretary of State”.
26. In section 94 (government control) omit subsection (6).
27. In section 97 (prohibition on unlicensed radio services)—
(a) for subsection (2) substitute—
“2 Subsection (1) above has effect as if any order under section 97(2) of the Broadcasting Act 1990 for the time being in force in the United Kingdom had extended to the Bailiwick of Jersey.”;
(b) in subsection (3) for the words after “liable” substitute “to a fine”;
(c) in subsection (4) for the words after “instituted” substitute “except by or with the consent of Her Majesty’s Attorney General for Jersey”;
(d) in subsection (5) for the words “the Crown”...
