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The Wireless Telegraphy (Jersey) Order 2003

As Enacted Cited authorities 15 Cited in Amendments 2 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2003/3196
Year2003

2003 No. 3196

TELEGRAPHS

TELECOMMUNICATIONS

BROADCASTING

The Wireless Telegraphy (Jersey) 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 19491, section 108 of the Telecommunications Act 19842and section 204(6) of the Broadcasting Act 19903, is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, as follows:

S-1 This Order may be cited as the Wireless Telegraphy (Jersey)...

1. This Order may be cited as the Wireless Telegraphy (Jersey) Order 2003 and shall come into force on 29th December 2003.

S-2 In this Order, the expression “Jersey” means the Bailiwick of...

2. In this Order, the expression “Jersey” means the Bailiwick of Jersey.

S-3 Part VI and sections 102, 106(4) and (5), 109(6) and 110(1) of,...

3.—(1) Part VI and sections 102, 106(4) and (5), 109(6) and 110(1) of, Schedule 3 to and Part IV of Schedule 7 to, the Telecommunications Act 19844shall extend to Jersey subject to the exceptions, adaptations and modifications specified in Part I of the Schedule to this Order.

(2) Sections 168 to 173 of the Broadcasting Act 1990 shall extend to Jersey with the exceptions, adaptations and modifications specified in Part II of the Schedule to this Order.

S-4 Paragraph (e) of article 3(1) of, and paragraph 41 of the...

4. Paragraph (e) of article 3(1) of, and paragraph 41 of the Schedule to, the Broadcasting Act 1990 (Jersey) (No. 2) Order 19915are hereby revoked.

A. K. Galloway

Clerk of the Privy Council

SCHEDULE

Article 3

SCHEDULE

1 EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS IN THE EXTENSION OF PROVISIONS OF THE TELECOMMUNICATIONS ACT 1984 TO JERSEY

PART I

EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS IN THE EXTENSION OF PROVISIONS OF THE TELECOMMUNICATIONS ACT 1984 TO JERSEY

SCH-1.1

1. Any reference to an Act of Parliament (including the Telecommunications Act 1984), or to a provision thereof, shall be construed, unless the contrary intention appears, as a reference to that Act or provision as it has effect in Jersey.

SCH-1.2

2. For any reference to a constable there shall be substituted a reference to a police officer.

SCH-1.3

3. Section 74 shall be omitted.

SCH-1.4

4. In section 75—

(a) subsection (1) shall be omitted,

(b) in subsection (2), the words from “for the purpose of” to the end shall be omitted, and

(c) in subsection (3)—

(i) the words “in this section or” and paragraph (a) shall be omitted, and

(ii) in paragraph (b), for “that date” in the first place where it occurs there shall be substituted “this section is extended to Jersey”.

SCH-1.5

5. Section 77 shall be omitted.

SCH-1.6

6. In section 79—

(a) for subsection (1)(a) and (b) there shall be substituted—

“(a)

“(a) any offence under the 1949 Act other than one consisting in the installation or use, otherwise than under and in accordance with a wireless telegraphy licence, of any apparatus not designed for emission (as opposed to reception);”,

(b) subsection (1)(c) and the word “; and” immediately before it shall be omitted, and

(c) subsection (6)(b) and the word “; and” immediately before it shall be omitted.

SCH-1.7

7. Sections 80 and 81 shall be omitted.

SCH-1.8

8.—(1) Section 82 shall be modified in accordance with sub-paragraph (2) of this paragraph.

(2) In the subsections which section 82 substitutes for subsection (3) of section 14 of the Wireless Telegraphy Act 1949—

(a)

(a) in subsection (3)—

(i) paragraph (c) and the word “; or” immediately before it shall be omitted,

(ii) for the words “Secretary of State” there shall be substituted “Crown for the benefit of the Crown Revenues of the Bailiwick of Jersey”, and

(iii) the words “or (c)” shall be omitted,

(b)

(b) subsection (3A) shall be omitted,

(c)

(c) in subsection (3B), for “by the Secretary of State in such manner as he thinks fit” there shall be substituted “in such manner as the Viscount thinks fit”,

(d)

(d) subsection (3C) shall be omitted, and

(e)

(e) in subsections (3D) and (3E), for “the Secretary of State” there shall be substituted “a police officer”.

SCH-1.9

9. In section 83—

(a) in subsection (1)(b), the words “or proceedings for forfeiture of that property under section 80 or 81 above”, and

(b) in subsection (2)(b), the words “or under section 80 or 81 above”,

shall be omitted.

SCH-1.10

10. Sections 84 to 88 and 90 shall be omitted.

SCH-1.11

11. In section 91—

(a) in subsection (1), the words “or for the forfeiture of any apparatus under section 80 or 81 above” and the words from “(whether” to “leave)”, and

(b) subsection (4),

shall be omitted.

SCH-1.12

12. In section 92(1)—

(a) there shall be inserted, in the appropriate place, the following definition—

““police officer” means a member of the Honorary Police or of the States of Jersey...

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