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The Broadcasting and Communications (Jersey) Order 2004

As Enacted Cited in Amendments 14 Related
Vincent
JurisdictionUK Non-devolved

2004 No. 308

ELECTRONIC COMMUNICATIONS

BROADCASTING

The Broadcasting and Communications (Jersey) Order 2004

Made 11th February 2004

Coming into force 27th February 2004

At the Court at Buckingham Palace, the 11th day of February 2004

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in pursuance of section 150(4) of the Broadcasting Act 19961, and section 204(6) of the Broadcasting Act 19902, as it is applied by section 150(3) of the Broadcasting Act 1996;

And in exercise of the powers conferred upon her by section 20(3) of the Wireless Telegraphy Act 19493, section 108 of the Telecommunications Act 19844and section 204(6) of the Broadcasting Act 1990;

And in exercise of the powers conferred upon her by section 20(3) of the Wireless Telegraphy Act 1949 as it has effect by virtue of section 9(2) of the Wireless Telegraphy Act 19985, section 9(3) of the Wireless Telegraphy Act 1998 and sections 402(3)(b) and (c) and 411(6) and (8) of the Communications Act 20036;

Is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Broadcasting and Communications (Jersey) Order 2004 and shall come into force on 27th February 2004.

(2) In respect of any provision of the 2003 Act that is extended to Jersey (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 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 Jersey in relation to any time before the date specified in 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. 2 Order, that provision, and any modification to that provision made by this Order, shall have effect in Jersey 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 Jersey subject to any transitional or transitory provision made in the No. 2 Order in relation to that provision.

Interpretation
S-2 Interpretation

Interpretation

2. In this Order—

“the 2003 Act” means the Communications Act 2003;

“ the Wireless Telegraphy Order” means the Wireless Telegraphy (Jersey) Order 20038;

“the Broadcasting Order” means the Broadcasting (Jersey) Order 20039;

“the Communications Order” means the Communications (Jersey) Order 200310;

“Jersey” means the Bailiwick of Jersey; and

“the Channel Islands” means the Bailiwicks of Jersey and Guernsey.

Revocations
S-3 Revocations

Revocations

3. Article 2 of the Wireless Telegraphy (Channel Islands) (Amendment Order) 199711(which amended section 1 of the Wireless Telegraphy Act 1949, as inserted by paragraph 2 of the Schedule to, and as extended to the Channel Islands by, the Wireless Telegraphy (Channel Islands) Order 195212), as it applies to Jersey, is revoked.

Extension of the 2003 Act

Extension of the 2003 Act

S-4 Sections 363, 364, 365, 366 and 368 in Part 4 of the 2003 Act ...

4. Sections 363, 364, 365, 366 and 368 in Part 4 of the 2003 Act shall extend, with the modifications specified in Schedule 1 to this Order, to Jersey.

S-5 For the purpose of construing the provisions of the 2003 Act ,...

5. For the purpose of construing the provisions of the 2003 Act, as extended by this Order as part of the law of Jersey, any reference to an enactment which extends to Jersey shall, except where a contrary intention appears, be construed as a reference to that enactment as it has effect in Jersey.

Amendment of the Broadcasting and Communications Orders
S-6 Amendment of the Broadcasting and Communications Orders

Amendment of the Broadcasting and Communications Orders

6.—(1) The Wireless Telegraphy Order is hereby amended in accordance with Part 1 of Schedule 2 to this Order.

(2) The Broadcasting Order is hereby amended in accordance with Part 2 of Schedule 2 to this Order.

(3) The Communications Order is hereby amended in accordance with Part 3 of Schedule 2 to this Order.

A.K.Galloway

Clerk to the Privy Council

SCHEDULE 1

Article 4

MODIFICATIONS WITH WHICH PROVISIONS OF THE COMMUNICATIONS ACT 2003 EXTEND TO JERSEY

SCH-1.1

1. In section 363 (Licence required for use of TV receiver)—

(a) in subsection (4) omit the words “, on summary conviction,” and for “level 3” substitute “level 2”13; and

(b) after subsection (7), insert the following—

SCH-1.8

“8 Regulations made by the Secretary of State in the United Kingdom under section 363(6) shall not have effect in the Bailiwick of Jersey until they have been registered in the Royal Court, and where such Regulations have been so registered, they shall have effect on the day following the day of such registration or on the day of coming into force specified in the Regulations, whichever is the later.”.

SCH-1.2

2. In section 364 (TV licences), in subsection (9)(b) for the words “section 7 of the Interpretation Act 197814(service by post)”, substitute “Article 12 of the Interpretation (Jersey) Law 1954”.

SCH-1.3

3. In section 365 (TV licence fees)—

(a) after subsection (4)(b), insert the following

“(c)

“(c) where the regulations relate to the fees payable in respect of a TV licence authorising the installation and use of one or more television receivers in accommodation for residential care, for that accommodation to include accommodation provided or managed by a body approved by the Health and Social Services Committee...

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