SCHEDULE 1
Article 2
Modifications with which provisions of the Wireless Telegraphy Act 2006 extend to Guernsey
1. In section 1 (general functions)—
(a) in subsection (2), after “United Kingdom” insert “on behalf of Guernsey”;
(b) after subsection (2) insert—
“2A Before requiring OFCOM to do or undertake anything under subsection (2) in respect of Guernsey, the Secretary of State shall consult with the appropriate authority of Guernsey.”; and
(c) in subsections (3) to (5), after “United Kingdom”, wherever these words occur, insert “and Guernsey”.
2. In section 5 (directions of the Secretary of State), after subsection (5) insert—
“6 Before making an order under this section which relates to the management of the radio spectrum in respect of Guernsey, the Secretary of State shall consult the appropriate authority of Guernsey.”.
3. In section 6 (procedure for directions), omit subsections (4) to (7).
4. In section 8 (licences and exemptions)—
(a) in subsection (2)—
(i) in paragraph (b), for “purpose.” substitute “purpose; or”; and
(ii) after paragraph (b) insert—
“(c)
“(c) the installation or use of any television receiver by a person who is a dealer in such receivers where the installation or use is solely for the purpose of doing any one or more of the following in the course of his business as such a dealer, namely, demonstrating, testing or repairing such receivers.”; and
(b) after subsection (5) insert—
“6 The functions of OFCOM under this section insofar as they relate to programme making, as defined in the Contracting Out (Functions relating to Wireless Telegraphy) Order 19967, may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf in the United Kingdom by OFCOM under that Order.”.
5. In section 9 (terms, provisions and limitations), omit subsection (6).
6. In section 11 (surrender of licence), for “standard” substitute “uniform”.
7. In Section 18 (grant of recognised spectrum access)—
(a) in subsection (1)(c), for “in the United Kingdom or in UK territorial sea” substitute “in Guernsey or in Guernsey’s territorial sea”;
(b) in subsection (2), for “the United Kingdom”, in both places where these words occur, substitute “Guernsey”; and
(c) omit subsection (7).
8. In section 33 (failure to provide information etc) in subsections (3) and (5), for “standard” substitute “uniform”.
9. In section 35 (unauthorised use etc of wireless telegraphy station or apparatus)—
(a) in subsection (2)(a), for “the statutory maximum” substitute “level 5 on the uniform scale”;
(b) omit subsection (3);
(c) in subsections (4) and (5), for “standard” substitute “uniform”; and
(d) omit subsection (6).
10. In section 36 (keeping available for unauthorised use)—
(a) in subsection (2)(a), for “the statutory maximum” substitute “level 5 on the uniform scale”;
(b) omit subsection (3);
(c) in subsections (4) and (5), for “standard” substitute “uniform”; and
(d) omit subsection (6).
11. In section 37 (allowing premises to be used for unlawful broadcasting)—
(a) in subsection (2)(a), for “the statutory maximum” substitute “level 5 on the uniform scale”; and
(b) omit subsection (3).
12. In section 38 (facilitating unauthorised broadcasting)—
(a) in subsection (6), for “the statutory maximum” substitute “level 5 on the uniform scale”; and
(b) omit subsection (7).
13. In section 41 (procedure for prosecutions), omit subsections (7) and (8).
14. In section 43 (amount of penalty under section 42) omit subsections (4) and (5).
15. In section 44 (relevant amount of gross revenue), for subsection (9)(b) substitute—
“(b)
“(b) send a copy of the statement and every such revision to the Treasurer of the States of Guernsey;”.
16. In section 45 (regulations), omit subsections (9) and (10).
17. In section 46 (offences) in subsections (2) and (3), for “standard” substitute “uniform”.
18. In subsection 47 (misleading messages)—
(a) in subsection (4)(a), for “statutory maximum” substitute “level 5 on the uniform scale”; and
(b) omit subsection (5).
19. In section 48 (interception and disclosure of messages)—
(a) in subsection (4), for “standard” substitute “uniform”;
(b) for subsection (5) substitute—
“5 ”Designated person” means—
(a) Her Majesty’s Procureur; or
(b) any person designated for the purposes of this section and section 49 by Her Majesty’s Procureur.”.
20. In section 49 (interception authorities)—
(a) in subsection (2)(a), for “Act 2000 (c.23)” substitute “(Bailiwick of Guernsey) Law 2003”;
(b) in subsection (2)(b) for “Act” substitute “Law”;
(c) in subsection (2)(c) for “Act” substitute “Law”;
(d) in subsection (2)(d) for “Part 2 of that Act” substitute “Part II of that Law”;
(e) in subsection 4(c) for “the United Kingdom” substitute “Guernsey”;
(f) for subsection (7) substitute—
“7 An interception authority must be in writing under the hand of Her Majesty’s Procureur.”;
(g) omit subsection (9);
(h) in subsection (10), for “Act 2000 (c.23)” substitute “(Bailiwick of Guernsey) Law 2003”;
(i) in subsection (11), for “Act 2000” substitute “(Bailiwick of Guernsey) Law 2003”; and
(j) for subsection (12) substitute—
“12 In this section “crime” has the meaning given by section 67 of the Regulation of Investigatory Powers (Bailiwick of Guernsey) Law 2003.”.
21. In section 50 (apparatus on foreign-registered ships etc)—
(a) in subsection (1) for “the United Kingdom and UK” substitute “Guernsey and Guernsey’s territorial sea”;
(b) in subsection 6(a), for “the United Kingdom” substitute “Guernsey”; and
(c) in subsection (6)(b) for “any of the Channel Islands” substitute “Jersey”;
22. In section 53 (surrender of authority) in subsection (3), for “standard” substitute “uniform”.
23. In section 54 (regulations about use and sale etc of apparatus), omit subsection (8).
24. In section 57 (appeal against notice under section 55 or 56 etc), omit subsections (4) and (5).
25. In section 58(contravening notice under section 55 or 56)—
(a) in subsections (2) and (5), for “standard” substitute “uniform”; and
(b) omit subsection (3).
26. In section 59 (entry and search of premises etc)—
(a) in subsection (1), for “A justice of the peace” substitute “The Bailiff”;
(b) in subsection (1)(c) and subsections (2) to (4) and (6), for “justice” substitute “Bailiff”;
(c) in subsection (5), for “with or without constables” substitute “accompanied by a police officer”;
(d) in subsection (7), after “A” insert “police officer accompanying a”;
(e) in subsection (8), omit “by the person”; and
(f) omit subsection (10).
27. In section 60 (obstruction and failure to assist) in subsection (2), for “standard” substitute “uniform”.
28. In section 68 (deliberate interference)—
(a) in subsection (3), for “the statutory maximum” substitute “level 5 on the uniform scale”; and
(b) omit subsection (4).
29. In section 69 (approval of apparatus) in subsection (2), omit paragraphs (d)...
