| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/3198 |
| Year | 2003 |
2003 No. 3198
ELECTRONIC COMMUNICATIONS
BROADCASTING
The Communications (Isle of Man) Order 2003
Made 10th December 2003
At the Court at Buckingham Palace, the 10th day of December
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 (Isle of Man) 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 (Isle of Man) Order 20035.
(3) Article 6 and Schedule 2 shall come into effect as provided in paragraph (4).
(4) In respect of any provision of the 2003 Act that is extended to the Isle of Man (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 Isle of Man 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 Isle of Man 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 Isle of Man 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.
2. In this Order—
“the 1990 Act” means the Broadcasting Act 1990;
“the 1996 Act” means the Broadcasting Act 1996;
“the 2002 Act” means the Office of Communications Act 2002;
“the 2003 Act” means the Communications Act 2003.
3. Section 3(5A) of the Wireless Telegraphy Act 1998, as extended to the Isle of Man by the Wireless Telegraphy (Isle of Man) Order 19988, is hereby repealed and article 2(c) of that Order is hereby 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 Isle of Man 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 Isle of Man one or more of the things set out in that subsection,
unless he has first consulted the appropriate authorities in the Isle of Man.
5. Sections 1 and 7 of, and the Schedule to, the 2002 Act shall extend to the Isle of Man with the modifications set out in Schedule 1 to this Order.
6.—(1) The following provisions of the 2003 Act shall extend to the Isle of Man with the modifications set out in Schedule 2 to this Order:
Sections 1 to 3
Sections 5 to 9
Sections 12 to 15
Section 22
Sections 24 to 26
Section 28
Sections 30 and 31
Section 32
Sections 138 to 144 (for the purposes only of section 191(5) and (6))
Sections 152 to 167, 169 to 179, 183 and 184
Sections 185 to 192
Sections 195 to 202
Sections 211 and 212
Sections 214 to 230
Section 231 except subsections (1) and (2)(c)
Sections 241 to 243
Sections 245 and 246
Sections 253
Sections 256 to 261
Sections 263 and 264
Section 271
Sections 275 to 308
Sections 310 to 312
Section 315
Sections 319 to 332
Sections 334
Sections 344 to 348
Sections 350 to 354
Sections 357 and 358
Sections 360 to 366
Section 368
Sections 392 to 394
Section 398
Section 400
Sections 402 to 406
Sections 410 and 411
Schedules 1, 2, 5, 8 to 10, 13 to 15 and 17 to 19.
(2) For the purpose of construing those provisions as so extended as part of the law of the Isle of Man, any reference to an enactment which extends to the Isle of Man shall, except where a contrary intention appears, be construed as a reference to that enactment as it has effect in the Isle of Man.
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 ISLE OF MAN
1. In section 1, omit subsections (2) to (9).
2. In section 7, omit subsections (2) to (4).
3. In Schedule 1, omit paragraphs 1 to 11 and 21 to 24.
SCHEDULE 2
Article 6
MODIFICATIONS WITH WHICH THE PROVISIONS OF THE COMMUNICATIONS ACT 2003 EXTEND TO THE ISLE OF MAN
1. In section 1 (functions and general powers of OFCOM)—
(a) in subsection (5)(c), omit the word “or” and after the words “Northern Ireland” insert “or the Isle of Man”; and
(b) omit subsection (6).
2. 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 Act 1984 (An Act of Tynwald).”.
3. In section 3 (general duties of OFCOM)—
(a) omit subsection (2)(b);
(b) in subsection (2)(c), after the words “United Kingdom”, insert “and the Isle of Man”;
(c) omit subsection (4)(e);
(d) in subsection (4)(l), after the words “United Kingdom” insert “and the Isle of Man” wherever they occur; and
(e) in subsection (14), in the definition of “citizens”, after the words “United Kingdom” insert “and the Isle of Man”.
4. In section 5 (directions in respect of networks and spectrum functions)—
(a) in subsection (3)(b), after the words “United Kingdom”, insert “and the Isle of Man”;
(b) in subsection (6)(b), after the words “United Kingdom”, insert “and the Isle of Man”; and
(c) omit subsection (7).
5. In section 7 (duty to carry out impact assessments), in subsection (2)(c), after the words “or in a part of the United Kingdom”, insert “or in the Isle of Man”.
6. In section 13 (functions of the Content Board)—
(a) in subsection (3)(b), at the end, add the words “and the Isle of Man”; and
(b) in subsection (4), after the words “United Kingdom”, insert “and the Isle of Man”.
7. In section 14, omit subsections (1) to (3) and (6)(a).
8. In section 15(2)(a), omit the words “(3) or”.
9. In section 31 (transitional functions and abilities of pre-commencement regulators)—
(a) omit subsections (4)(a) and (5); and
(b) in subsection (6), omit the words “for the Director General of Telecommunications and” and “and (5)”.
10. In section 152, in subsections (3), (4) and (5), after the words “United Kingdom” wherever they occur, insert “and the Isle of Man”.
11. In section 153(2), after the words “United Kingdom”, insert “and the Isle of Man”.
12. In section 156 (directions with respect to the radio spectrum), after subsection (5) insert—
“6 Before making an order under this section which relates to the management of radio spectrum in the Isle of Man, the Secretary of State shall consult the appropriate authorities in the Isle of Man.”.
13. In section 157 (procedure for directions under s.156), omit subsections (4) to (7).
14. In section 159 (grant of recognised spectrum access), after the words “United Kingdom” wherever they occur, insert “or the Isle of Man”.
15. In section 169—
(a) for subsection (1) substitute—
“1 In the Wireless Telegraphy Act 1949 (c. 54), after section 1 (licensing of wireless telegraphy) insert—”;
(b) before the substituted section 1E of the Wireless telegraphy Act 1949 insert—
“Procedures for the grant of licences providing a telecommunications service
1D.—(1) An application for the grant of a wireless telegraphy licence shall be determined in accordance with procedures prescribed in regulations made by OFCOM.
(2) The procedures must include provision for time-limits for dealing with the grant of licences, requirements which must be met for the grant of a licence, and particulars of the terms, provisions and limitations to which licences which may be issued are to be subject.
(3) The time limits fixed for the purposes of subsection (2) in relation to any application made after the coming into force of this subsection must require a decision on the application to be made, notified to the applicant and published—
(a)
(a) in the case of an application for a licence relating to a frequency allocated in accordance with the United Kingdom Plan for Frequency Authorisation, not more than six weeks after the day of the receipt of the application; and
(b)
(b) in any other case, as soon as possible after the receipt of the application.
(4) The period of six weeks specified in subsection (3)(a) may be extended by OFCOM where it appears to them necessary to do so—
(a)
(a) for the purpose of enabling the requirements of any international agreement relating to frequencies or to orbital positions or to...
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