SCHEDULE
Article 3
MODIFICATIONS WITH WHICH PROVISIONS OF THE BROADCASTING ACT 1990 EXTEND TO GUERNSEY
1. In section 2 (function of Commission)–
(a) in subsection (1)(a) and (b) after the words “United Kingdom” insert “or the Bailiwick of Guernsey”;
(b) in subsections (2)(a) and (5) after the words “United Kingdom” insert “and the Bailiwick of Guernsey”; and
(c) omit subsection (3).
2. In section 3 (general provisions about licences), in subsection (8) after “1984” insert “or section 7 of the Telecommunications (Guernsey) Law, 1972”.
3. In section 8 (advertisements)–
(a) in subsection (2)(a) after the words “government department” insert “or the States of Guernsey”; 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 Guernsey.”.
4. In section 9 (control of advertisments)–
(a) in subsection (4)(a) after the words “Secretary of State” insert “and the States 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 Guernsey.”;
(b) omit subsection (4);
(c) in subsection (5) for the words “the Crown” substitute “Her Majesty’s Procureur”; and
(d) 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 Guernsey”.
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 Guernsey.”;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 Guernsey”.
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 Guernsey”.
11. In section 34 (schools programmes), in subsection (2)(c) after the words “United Kingdom” insert “and the Bailiwick of Guernsey”.
12. In section 39 (networking arrangements), in subsection (1) after the words “United Kingdom” insert “and the Bailiwick of Guernsey”.
13. In section 43 (satellite services), in subsection (4)–
(a) after the definition of “allocated frequency” insert–
““the United Kingdom” includes the Bailiwick of Guernsey;” ; 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 Guernsey.”; and
(b) omit subsection (9).
15. In section 48 (additional services), in subsection (6) for the words “Telecommunications Act 1984” substitute “Telecommunications (Guernsey) Law, 1972”.
16. In section 51 (procedure for awarding licences), in subsection (7) for the words “Director General of Telecommunications” substitute “States 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 Guernsey”.
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 Guernsey, be paid to the Treasurer of the States of Guernsey; or
(e)
(e) 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, or
(ii) the Bailiwick of Guernsey and the Bailiwick of Jersey, 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 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 Guernsey”;
(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 Guernsey”; 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 Guernsey”.
22. In section 85 (licensing functions)–
(a) in subsection (2) after the words “United Kingdom” insert “and the Bailiwick of Guernsey”;
(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 Guernsey.”; and
(d) omit subsection (7).
23. In section 86 (licences under Part III), in subsection (9) after “1984” insert “or section 7 of the Telecommunications (Guernsey) Law, 1972”.
24. In section 92 (advertisements)–
(a) in subsection (2) after the words “government department” insert “or the States of Guernsey”; 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 Guernsey.”.
25. In section 93 (control of advertisements)–
(a) in subsection (4)(a) after the words “Secretary of State” insert “and the States 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 Guernsey.”;
(b) omit subsection (4);
(c) in subsection (5) for the words “the Crown” substitute “Her Majesty’s Procureur”; and
(d) omit subsection (6).
28. In section 98 (applications for national licences), in subsections (1) and (2) after the words “United Kingdom” insert “and the Bailiwick of Guernsey”.
29. In section 104 (applications for other licences), in subsection (1) after the words “United Kingdom” insert “or the Bailiwick of Guernsey”.
30. In section 105 (special requirements relating...