| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/3195 |
| Year | 2003 |
2003 No. 3195
ELECTRONIC COMMUNICATIONS
BROADCASTING
The Communications (Bailiwick of 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 exercise of the powers conferred upon her by section 20(3) of the Wireless Telegraphy Act 19491as it has effect by virtue of section 9(2) of the Wireless Telegraphy Act 19982, section 9(3) of the Wireless Telegraphy Act 1998, section 7(4) of the Office of Communications Act 20023and sections 402(3)(b) and (c) and 411(6) and (8) of the Communications Act 20034, is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, as follows:
1.—(1) This Order may be cited as the Communications (Bailiwick of Guernsey) Order 2003.
(2) Articles 1 to 5 and Schedule 1 shall come into force on 29th December 2003 and shall be deemed to have come into force immediately following the Broadcasting (Guernsey) Order 20035.
(3) Article 6 and Schedule 2 shall, subject to paragraph (5), come into effect as provided in paragraph (4).
(4) In respect of any provision of the 2003 Act that is extended to the Bailiwick of Guernsey (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 Communications Act 2003 (Commencement No. 1) Order 20036(“the No.1 Order”) or the Office of Communications Act 2002 (Commencement No.3) and Communications Act 2003 (Commencement No. 2) Order 2003 (“the No. 2 Order”)7—
(a)
(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 the Bailiwick of Guernsey in relation to any time before the date specified in the No. 1 Order or (as the case may be) the No. 2 Order as the date on which that provision is to come into force in the United Kingdom;
(b)
(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. 1 Order or (as the case may be) No. 2 Order, that provision, and any modification to that provision made by this Order, shall have effect in the Bailiwick of Guernsey only for the purposes or to the extent so specified;
(c)
(c) any provision of the 2003 Act so extended, and any such modification, shall have effect in the Bailiwick of Guernsey subject to any transitional or transitory provision made in the No. 1 Order or (as the case may be) No. 2 Order in relation to that provision.
(5) Paragraph (4) shall not apply until the day following the day on which each of the Orders therein referred to as the “No. 1 Order” and the “No. 2 Order” have been registered in the Royal Court of Guernsey.
2. In this Order—
“the 2002 Act” means the Office of Communications Act 2002;
“the 2003 Act” means the Communications Act 2003.
3. Article 2(b) of the Wireless Telegraphy (Guernsey) Order 19988(which inserted in section 3 of the Wireless Telegraphy Act 1998 as extended to the Bailiwick of Guernsey a new subsection (5A)) is revoked.
4. The Secretary of State shall not—
(a) request OFCOM under subsection (2) of section 22 of the 2003 Act to do as respects the Bailiwick of Guernsey one or more of the things set out in subsection (1) of that section, or
(b) require OFCOM under subsection (2) of section 152 of the 2003 Act to do as respects the Bailiwick of Guernsey one or more of the things set out in that subsection,
unless he has first consulted the appropriate authorities in the Bailiwick of Guernsey.
5. Sections 1, 6 and 7 of, and the Schedule to, the 2002 Act shall extend to the Bailiwick of Guernsey with the modifications set out in Schedule 1 to this Order.
6. The following provisions of the 2003 Act shall extend to the Bailiwick of Guernsey with the modifications set out in Schedule 2 to this Order:
In Part 1 (Functions of OFCOM), sections 1 to 3, 5 to 9, 11 to 13, 22, 26, 28, 30 and 31;
In Part 2 (Networks, services and the radio spectrum)—
Chapter 1 (Electronic communications networks and services), sections 32 and 138 to 144 (for the purposes only of section 191(5) and (6));
Chapter 2 (Spectrum use), sections 152, 154 to 179, 183 and 184;
Chapter 3 (Disputes and appeals), sections 185 to 192, and 195 to 197;
In Part 3 (Television and radio services)—
Chapter 1 (The BBC, C4C, the Welsh Authority, and the Gaelic Media Service), section 198 to 202;
Chapter 2 (Regulatory structure for independent television services), sections 211, 212, and 214 to 230, 231 except subsections (1) and (2)(c), 232 to 244;
Chapter 3 (Regulatory structure for independent radio services), sections 245 to 253 and 256 to 262;
Chapter 4 (Regulatory Provisions), sections 263, 264, 271, 275 to 315, 319 to 332, 334 to 336, 338 and 344 to 347;
Chapter 5 (Media ownership and control), sections 348, 350 to 357;
Chapter 6 (Other provisions about Television and Radio Services), sections 358 to 362;
In Part 6 (Miscellaneous and supplemental)—
Sections 390 to 396, 400 and 402 to 406;
Sections 410 and 411;
Schedule 1, 5, 8 to 15 and 17 to 19.
A. K. Galloway
Clerk of the Privy Council
SCHEDULE 1
Article 5
MODIFICATIONS WITH WHICH PROVISIONS OF THE OFFICE OF COMMUNICATIONS ACT 2002 EXTEND TO THE BAILIWICK OF GUERNSEY
1. In section 1 (The Office of Communications), omit subsections (2) to (9).
2. In section 6 (Interpretation), omit the definition of “enactment”.
3. In section 7 (Short title, commencement and extent), omit subsections (2) to (4).
4. In the Schedule, omit paragraphs 1 to 11 and 21 to 24.
SCHEDULE 2
Article 6
MODIFICATIONS WITH WHICH PROVISIONS OF THE COMMUNICATIONS ACT 2003 EXTEND TO THE BAILIWICK OF GUERNSEY
1. Any reference to a provision of an enactment of the United Kingdom Parliament shall be construed as a reference to that enactment as it has effect in the Bailiwick of Guernsey.
2. The following provisions of the 2003 Act, that is—
sections 29(3), 139(5), 176(1)(a), 198(5), 224(1), 237(3)(a) and paragraphs 12(3) and (4)(a) of Schedule 10
shall have effect as if an order or regulations made under, respectively—
sections 29(4), 139(9), 176(3), 198(6), 224(2), 237(9) and paragraph 13 of Schedule 10
and which is for the time being in force in the United Kingdom had extended to the Bailiwick of Guernsey.
3. In section 1 (Functions and general powers of OFCOM) omit subsections (4) to (7).
4. After section 1, insert the following section—
“Saving of Telecommunications Law
1A. Nothing in this Act shall apply to any matter governed by the provisions of the Telecommunications (Bailiwick of Guernsey) Law 2001.”.
5. In section 3 (General duties of OFCOM)—
(a) in subsections (2)(c) and 4(a) and (l), after the words “United Kingdom” wherever they occur, insert “and the Bailiwick of Guernsey”;
(b) in subsection (12)(c), after the words “United Kingdom” where they first occur, insert “and the Bailiwick of Guernsey” and omit the words “or in a part of the United Kingdom”; and
(c) omit subsections (2)(b), (4)(e) and (13).
6. In section 5 (Directions in respect of networks and spectrum functions)—
(a) after the words “United Kingdom” wherever they occur insert “and the Bailiwick of Guernsey”; and
(b) omit subsections (4) to (7).
7. In section 7 (Duty to carry out impact assessments), in subsection (2)(c), after the words “United Kingdom” where they first occur, insert “and the Bailiwick of Guernsey” and omit the words “or in a part of the United Kingdom”.
8. In section 12 (Duty to establish and maintain Content Board), in subsection (5), insert at the end “and that there is a member of the Board capable of representing the interests of persons living in the Bailiwick of Guernsey”.
9. In section 13 (Functions of the Content Board), in subsection (3)(b), after the words “United Kingdom” insert “and the Bailiwick of Guernsey”.
10. In section 23 (Directions for international purposes in respect of broadcasting functions), in subsection (3), after the words “United Kingdom” insert “on behalf of the Bailiwick of Guernsey”.
11. In section 24 (Provision of information to the Secretary of State), in subsection (2), after the words “United Kingdom” insert “on behalf of the Bailiwick of Guernsey”.
12. In section 31 (Transitional functions and abolition of pre commencement regulators)—
(a) in subsection (4), omit paragraph (a);
(b) in subsection (5), omit the words “section 54 of the Telecommunications Act 1984 (c. 12)(which provides for the establishment of advisory bodies) shall cease to have effect”; and
(c) in subsection (6), omit the words “for the Director General of Telecommunications and”.
13. In section 139 (Penalties for contravention of information requirements), omit subsections 9 and (10).
14. In section 143 (Enforcement of directions under ss.140 and 141), in subsection (3), for the words “the statutory maximum” substitute “level 5 on the uniform scale”.
15. In section 144 (Offences in connection with information requirements) in subsections (1)(a) and (4)(a), for the words “the statutory maximum” substitute “level 5 on the uniform scale”.
16. In section 152 (General functions of OFCOM in relation to radio spectrum)—
(a) in subsection (2), after the words “United Kingdom” insert “on behalf of the Bailiwick of Guernsey”; and
(b) in subsections (3) to (5), after the words...
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