The Broadcasting (Isle of Man) Order 2003

Document Number:2003 No. 3193
Coming into force:Coming into force on the 29/12/2003
 
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Statutory Instruments

BROADCASTING

Made

10 th December 2003

Coming into force

29 th December 2003

At the Court at Buckingham Palace, the 10 th 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 1996(1) , and section 204(6) of the Broadcasting Act 1990(2) , including 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:

Citation and commencement

  1. This Order may be cited as the Broadcasting (Isle of Man) Order 2003 and shall come into force on 29 th December 2003 and shall be deemed to have come into force immediately before the Communications (Isle of Man) Order 2003(3).

    Extension of the 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 Isle of Man—

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

    (b) in Part II (digital terrestrial sound broadcasting) , sections 40 to 48 , 50 , 51 and 53 to 72;

    (c) in Part III (amendments of Broadcasting Act 1990) , sections 73 to 76 , 78 , 79 , 82 , 83 , 84 , 86 , 87 and 92;

    (d) Part IV (sporting and other events of national interest) (sections 97 to 105);

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

    (f) Part VI (British Broadcasting Corporation) , sections 131 to 133 and 136;

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

    (h) Schedules 1 to 5 , 8 , 10 and Part I of Schedule 11.

    Amendment of the Broadcasting Act 1990 (Isle of Man) (No. 2) Order 1991

  3. The Broadcasting Act 1990 (Isle of Man) (No. 2) Order 1991(4) is amended in accordance with Schedule 2 to this Order.

    Revocations

  4. In the Broadcasting Act 1996 (British Broadcasting Corporation—Transmission Network) (Isle of Man) Order 1997(5) , the following provisions are hereby revoked—

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

    (b) paragraph 1 of the Schedule.

    1. K. Galloway

    Clerk of the Privy Council

    Article 2

    SCHEDULE 1

    MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

  5. 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 Isle of Man.

  6. For the words “United Kingdom” wherever they occur, apart from in—

    section 19(6)

    section 38(1) and (5) ,

    section 71(1) and (5) ,

    section 72(2) ,

    section 74(2)(a) (in section 31 of the 1990 Act as amended by the 1996 Act) ,

    section 84(1) (in the new section 24(6) of the 1990 Act) ,

    section 114(2) ,

    Schedule 2 , Part I, paragraph 4 , inserted by paragraphs 3 A and 3 B of Part I of Schedule 2 to the 1990 Act,

    Schedule 2 , Part III, substituted by paragraphs 2 and 5 of Part III of Schedule 2 to the 1990 Act,

    Schedule 2 , Part IV, substituted by paragraphs 2 and 13 of Part IV of Schedule 2 to the 1990 Act, and

    Schedule 10 , paragraph 5 , inserted by paragraphs (d) , (e) and (f) of section 84(1) of the 1990 Act,

    substitute “United Kingdom and the Isle of Man”.

  7. In section 1 (multiplex services and digital programme services)—

    (a) in subsection (1 A) , for the words “United Kingdom” substitute “United Kingdom and the Isle of Man, but not for general reception in the Isle of Man only”; and

    (b) in subsection (7) , in the definition of “broadcast”, for the words “local delivery service (as defined by section 72(1) of the 1990 Act)” substitute “cable programme service (as defined by section 13(3) of the Broadcasting Act 1993 (an Act of Tynwald)”.

  8. In section 2 (definition of “independent analogue broadcaster” and “qualifying service”)—

    (a) in subsection (1) , omit paragraph (b); and

    (b) omit subsection (4).

  9. In section 3(8) (licences under Part I) , for the words “section 7 of the Telecommunications Act 1984” substitute “section 5 of the Telecommunications Act 1984 (an Act of Tynwald)”.

  10. In section 4(4) (general licence conditions) , after the words “such tariff” insert “in the Isle of Man”.

  11. In section 25 (licensing of digital additional services) , at the end add—

    “(7) In relation to a digital additional service for the Isle of Man only, references to the Commission in this section and in sections 26 and 27 shall be construed as references to the Communications Commission”.

  12. In section 31 (advertisements) , omit the words “the Welsh authority or”.

  13. In section 33 (review of digital television broadcasting)—

    (a) in subsection (1)(a)(ii) , omit “, S4 C Digital”;

    (b) in subsection (3)

    (i) in paragraph (c) , omit “or II”; and

    (ii) for paragraph (d) substitute—

    “(d) the Communications Commission;”.

  14. In section 38 (receipts paid into Consolidated Funds)—

    (a) in subsection (1) , for paragraph (c) substitute—

    “(c) if the licence is for the provision of a service for the Isle of Man and the whole or part of the United Kingdom, be paid into either or both of those Funds and to the Treasury of the Isle of Man in such proportions as the Commission consider appropriate.”;

    (b) after subsection (4) , insert—

    “(4 A) In respect of a licence granted by the Communications Commission—

    (a) any amount specified in subsection (2) which is received by that Commission shall be paid to the Treasury of the Isle of Man for the general revenue of the Isle of Man; and

    (b) subsections (3) and (4) shall apply as if the reference in subsection (3) to subsection (1) were a reference to this subsection, and as if the reference in each of those subsections to the Commission were a reference to the Communications Commission”.

  15. In section 39(1) (interpretation Part I) , omit the definitions of “S4 C”, “on S4 C”, “SC4 Digital” and “on S4 C Digital”.

  16. In section 40 (radio multiplex services)—

    (a) for subsection (4) substitute—

    “(4) A radio multiplex service provided on a frequency or frequencies assigned to the Authority under section 45(1) shall...

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