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The Broadcasting (Guernsey) Order 2003

As Enacted Cited in Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2003/3192
Year2003

2003 No. 3192

BROADCASTING

The Broadcasting (Guernsey) Order 2003

Made 10th December 2003

Coming into force 29th December 2003

At the Court at Buckingham Palace, the 10th day of December 2003

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in pursuance of section 150(4) of the Broadcasting Act 19961and section 204(6) of the Broadcasting Act 19902, 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:

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Broadcasting (Guernsey) Order 2003 and shall come into force on 29th December 2003.

S-2 Extension of Broadcasting Act 1996

Extension of Broadcasting Act 1996

2. The following provisions of the Broadcasting Act 1996 shall extend, with the modifications specified in Schedule 1 to this Order, to the Bailiwick of Guernsey—

(a) in Part I (digital terrestrial television broadcasting), sections 1 to 20, 22 to 28, 30, 31, 33 to 39;

(b) in Part II (digital terrestrial sound broadcasting), sections 40 to 72;

(c) in Part III (amendments of Broadcasting Act 1990), sections 73 to 76, 78, 79, 82 to 89, 92 to 94, and 96;

(d) Part IV (sporting and other events of national interest);

(e) in Part V (Broadcasting Standards Commission), sections 106 to 126 and 128 to 130;

(f) in Part VIII (miscellaneous and general), sections 142 to 148 and 150; and

(g) Schedules 1 to 4, 8 and 10 and Part I of Schedule 11.

S-3 Amendment of Broadcasting Act 1990 (Guernsey) (No. 2) Order 1991

Amendment of Broadcasting Act 1990 (Guernsey) (No. 2) Order 1991

3. The Schedule to the Broadcasting Act 1990 (Guernsey) (No. 2) Order 19913is hereby amended in accordance with Schedule 2 to this Order.

S-4 Revocations

Revocations

4. In the Broadcasting Act 1996 (British Broadcasting Corporation—Transmission Network) (Guernsey) Order 19974, the following provisions are hereby revoked—

(a) in article 2, the words “147(1)”; and

(b) paragraph 1 of the Schedule.

A. K. Galloway

Clerk of the Privy Council

SCHEDULE 1

Article 2

MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO GUERNSEY

SCH-1.1

1. Any reference to a provision of the Broadcasting Act 1990 (“the 1990 Act”) shall be construed as a reference to that provision as it has effect in the Bailiwick of Guernsey by virtue of the Broadcasting Act 1990 (Guernsey) (No. 2) Order 1991.

SCH-1.2

2. The following provisions, that is—

section 1(4),

section 12(1)(h),

section 13(1),

section 19(2)(b),

section 20,

section 24(3),

section 28 (and the provisions referred to in section 28(3) as enacted),

section 40(5),

section 41(3),

section 54(1),

section 46(1),

section 63(3),

section 98(2),

section 102(3)and (4),

the provisions referred to in section 36(2) as enacted, and

the provisions referred to in section 69(2) as enacted,

shall have effect as if any order made under, respectively—

section 1(5),

section 12(5),

section 13(2),

section 19(8),

section 21(1),

section 24(3)(b),

section 28(3),

section 40(6),

section 41(4),

section 54(3),

section 55(2),

section 63(3),

section 98(3),

section 102(4)(b),

section 36(1), and

section 69(1)as enacted,

and which is for the time being in force in the United Kingdom, had extended to the Bailiwick of Guernsey.

SCH-1.3

3. In section 1—

(a) subsections (5) and (6) shall be omitted; and

(b) in subsection (7)—

(i) in the definition of “broadcast”, paragraph (b) and the word “or” immediately preceding it shall be omitted; and

(ii) in the definition of “for general reception”, there shall be added at the end the words “and the Bailiwick of Guernsey.”.

SCH-1.4

4. In section 2—

(a) in subsection (1), paragraph (b) shall be omitted; and

(b) subsection (4) shall be omitted.

SCH-1.5

5. In section 3(8), for “section 7 of the Telecommunications Act 1984” there shall be substituted “section 2 of the Telecommunications (Bailiwick of Guernsey) Law, 2001”.

SCH-1.6

6. In section 4(4), after “such tariff” there shall be inserted “in the Bailiwick of Guernsey”.

SCH-1.7

7. In section 5(1)(b), for “III to V” there shall be substituted “III and IV”.

SCH-1.8

8. In section 7(1)(c), after “United Kingdom” there shall be inserted “and the Bailiwick of Guernsey”.

SCH-1.9

9. In section 8(1), after “United Kingdom” there shall be inserted “and the Bailiwick of Guernsey”.

SCH-1.10

10. In section 12, subsections (5) and (6) shall be omitted.

SCH-1.11

11. In section 13, subsections (2) and (3) shall be omitted.

SCH-1.12

12. In section 19—

(a) in subsection (6), after “United Kingdom”, there shall be inserted “(including on behalf of the Bailiwick of Guernsey)”; and

(b) subsections (8) and (9) shall be omitted.

SCH-1.13

13. Section 21 shall be omitted.

SCH-1.14

14. In section 24, subsection (4) shall be omitted.

SCH-1.15

15. In section 25(5), after “United Kingdom” there shall be inserted “and the Bailiwick of Guernsey”.

SCH-1.16

16. In section 28—

(a) subsection (3);

(b) in subsection (6), the words from “Without prejudice” to “cases),”; and

(c) subsection (7),

shall be omitted.

SCH-1.17

17. In section 31, the words “the Welsh authority or” shall be omitted.

SCH-1.18

18. In section 33—

(a) in subsection (1)(a)—

(i) after the words “United Kingdom” in each place where they occur there shall be inserted “and the Bailiwick of Guernsey”; and

(ii) in sub-paragraph (ii), the words “, S4C Digital” shall be omitted;

(b) in subsection (3)—

(i) in paragraph (c), the words “or II” shall be omitted; and

(ii) for paragraph (d) there shall be substituted—

“(d)

“(d) the States of Guernsey Broadcasting Committee;”.

SCH-1.19

19. In section 38—

(a) in subsection (1), for paragraph (c) and the word “or” immediately preceding it there shall be substituted—

“(bb)

“(bb) if the licence is for the provision of a service for the Bailiwick of Guernsey, be paid to the Treasurer of the States of Guernsey, or

(c)

(c) if the licence is for the provision of a service for an area consisting of—

(i) the Bailiwick of Guernsey and the whole or part of the United Kingdom,

(ii) the Bailiwick of Guernsey and the Bailiwick of Jersey, or

(iii) the Bailiwick of Guernsey, the Bailiwick of Jersey and the whole or part of the United Kingdom,

as respects such proportion of the amount as the Commission consider appropriate, be paid as mentioned paragraph (bb) above.”; and

(b) in subsection (5)—

(i) after “Northern Ireland” there shall be inserted “and the Treasurer of the States of Guernsey”;

(ii) after “Auditor General”, where it appears for the first time, there shall be inserted “and to the Treasurer of the States of Guernsey”; and

(iii) after “Parliament” there shall be inserted “and the Treasurer of the States of Guernsey shall lay copies of the account before the States of Guernsey”.

SCH-1.20

20. In section 39(1), the definitions of “S4C”, “on S4C”, “S4C Digital” and “on S4C Digital” shall be omitted.

SCH-1.21

21. In section 40—

(a) after the words “United Kingdom” in each place where they occur there shall be inserted “and the Bailiwick of Guernsey”;

(b) the following shall be omitted—

(i) subsections (6) and (7); and

(ii) in subsection (8), in the definition of “broadcast”, paragraph (b).

SCH-1.22

22. In section 41, subsections (4) to (6) shall be omitted.

SCH-1.23

23. In section 42(7), for “section 7 of the Telecommunications Act 1984” there shall be substituted “section 2 of the Telecommunications (Bailiwick of Guernsey) Law 2001”.

SCH-1.24

24. In section 46(1)(c), after “United Kingdom” there shall be inserted “and the Bailiwick of Guernsey”.

SCH-1.25

25. In section 47(1), after “United Kingdom” there shall be inserted “and the Bailiwick of Guernsey”.

SCH-1.26

26. In section 49(1), the words “and every BBC radio service for Wales, Scotland or Northern Ireland” shall be omitted.

SCH-1.27

27. In section 50(2)(c), after “United Kingdom” there shall be inserted “and the Bailiwick of Guernsey”.

SCH-1.28

28. In section 54, subsections (3) and (4) shall be omitted.

SCH-1.29

29. In section 55, subsections (2) and (3) shall be omitted.

SCH-1.30

30. In section 63, subsections (3) and (4) shall be omitted.

SCH-1.31

31. In section 67(1)(a), after the words “United Kingdom” in each place where they occur there shall be inserted “and the Bailiwick of Guernsey”.

SCH-1.32

32. In section 71—

(a) in subsection (1), for paragraph (c) and the word “or” immediately preceding it there shall be substituted—

“(bb)

“(bb) if the licence is for the provision of a service for the Bailiwick of Guernsey, be paid to the Treasurer of the States of Guernsey, or

(c)

(c) if the licence is for the provision of a service for an area consisting of—

(i)

(i) the Bailiwick of Guernsey and the whole or part of the United Kingdom,

(ii)

(ii) the Bailiwick of Guernsey and the Bailiwick of Jersey, or

(iii)

(iii) the Bailiwick of Guernsey, the Bailiwick of Jersey and the whole or part of the United Kingdom,

as respects such proportion of the amount as the Commission consider appropriate, be paid as mentioned in paragraph (bb) above.”; and

(b) in subsection (5)—

(i) after “Northern Ireland” there shall be inserted “and the Treasurer of the States of Guernsey”;

(ii) after the words “Auditor General”, where they first occur, there shall be inserted “and to the Treasurer of the States of Guernsey”; and

(iii) after “Parliament” there shall be inserted “and the Treasurer of the States of Guernsey shall lay copies of the account before the States of Guernsey”.

SCH-1.33

33. In section 72(2), after the words “United Kingdom” there shall be inserted “or to an area in the United Kingdom and the Bailiwick of Guernsey”.

SCH-1.34

34. In section 84, subsections (3) and (4) shall be omitted.

SCH-1.35

35. In section 86, subsection (3) shall be omitted.

SCH-1.36

36. In section 88(4), for “Subsections (8) and (9) are” there shall be substituted “Subsection (8) is”.

SCH-1.37

37. In section 97—

(a) in subsection (2), after paragraph (b) there shall be inserted—

“(...

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