SCHEDULE 1
Article 2
Modifications with which provisions of the Wireless Telegraphy Act 2006 extend to Jersey
1. In section 1 (general functions)—
(a) in subsection (2), after “United Kingdom” insert “on behalf of Jersey”;
(b) after subsection (2), insert—
“2A Before requiring OFCOM to do or undertake anything under subsection (2) in respect of Jersey, the Secretary of State shall consult with the Minister.”; and
(c) in subsections (3) to (5), after “United Kingdom”, wherever these words occur, insert “and Jersey”.
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 Jersey, the Secretary of State shall consult the Minister.”.
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 the following—
“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 19968, 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) in subsection (4)—
(a) omit “on summary conviction”; and
(b) for “level 3” substitute “level 2”.
7. In section 18 (grant of recognised spectrum access)—
(a) in subsection (1)(c), for “at places in the United Kingdom or in the UK territorial sea” substitute “at places in Jersey or in Jersey’s territorial sea”;
(b) in subsection (2), for “the United Kingdom” in each place where these words occur substitute “Jersey”; and
(c) omit subsection (7).
8. In section 33 (failure to provide information etc.)—
(a) in subsection (3), for “level 3” substitute “level 2”; and
(b) in subsection (5), for “level 5” substitute “level 4”.
9. In section 35 (unauthorised use of wireless telegraphy station)—
(a) in subsection (2), for the words from “liable” to the end substitute “liable to imprisonment for a term not exceeding two years or to a fine or to both.”;
(b) omit subsection (3);
(c) in subsection (4), for the words from “on summary conviction” to the end substitute “to a fine not exceeding level 2 on the standard scale.”;
(d) in subsection (5), for the words “on summary conviction” to the end substitute “to imprisonment for a term not exceeding one year or to a fine not exceeding level 3 on the standard scale, or to both.”; and
(e) omit subsection (6).
10. In section 36 (keeping available for unauthorised use)—
(a) in subsection (2), for the words from “liable” to the end substitute “liable to imprisonment for a term not exceeding two years or to a fine, or to both.”;
(b) omit subsection (3);
(c) in subsection (4), for the words from “on summary conviction” to the end substitute “to a fine not exceeding level 2 on the standard scale.”;
(d) in subsection (5), for the words from “on summary conviction” to the end substitute “to imprisonment for a term not exceeding one year or to a fine not exceeding level 4 on the standard scale, or to both.”; and
(e) omit subsection (6).
11. In section 37 (allowing premises to be used for unlawful broadcasting)—
(a) in subsection (2), for the words from “liable” to the end substitute “liable to imprisonment for a term not exceeding two years or to a fine, or to both.”; and
(b) omit subsection (3).
12. In section 38 (facilitating unauthorised broadcasting)—
(a) in subsection (6), for the words from “liable” to the end substitute “liable to imprisonment for a term not exceeding two years or to a fine, or to both.”;
(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 the following—
“(b)
“(b) send a copy of the statement and every such revision to the Treasurer of the States of Jersey.”.
16. In section 46 (offences)—
(a) in subsection (2) for the words from “liable” to the end, substitute “liable to a fine not exceeding level 2 on the standard scale.”; and
(b) in subsection (3), for the words from “liable” to the end substitute “liable to a fine not exceeding level 4 on the standard scale”.
17. In section 47 (misleading messages)—
(a) in subsection (4), for the words from “liable” to the end, substitute “liable to imprisonment for a term not exceeding two years or to a fine, or to both.”; and
(b) omit subsection (5).
18. In section 48 (interception and disclosure of messages)—
(a) in subsection (4), for the words from “liable” to the end substitute “liable to a fine not exceeding level 4 on the standard scale.”; and
(b) for subsection (5) substitute—
“5 ”Designated person” means—
(a) the Attorney General of Jersey;
(b) any person designated for the purposes of this section and section 49 by the Attorney General of Jersey.”.
19. In section 49 (interception authorities)—
(a) for subsection (2) substitute the following—
“2 Conduct falls within this subsection if it is—
(a) conduct that, if engaged in without lawful authority, constitutes an offence under Article 5(1) or (2) of the Regulation of Investigatory Powers (Jersey) Law 2005;
(b) conduct that, if engaged in without lawful authority, is actionable under Article 6 of that Law;
(c) conduct that is capable of being authorised by an authorisation or notice granted under Chapter 2 of Part 2 of that Law (Communications data); or
(d) conduct that is capable of being authorised by an authorisation granted under Part 3 of that Law (surveillance etc.).”;
(b) in subsection (4), for “the United Kingdom” substitute “Jersey”;
(c) for subsection (7) substitute the following —
“7 An interception authority must be in writing under the hand of the Attorney General of Jersey. ”;
(d) omit subsection (9);
(e) in subsection (10)—
(i) for “Part 1” substitute “Part 2”;
(ii) for “Act 2000 (c.23)” substitute “(Jersey)...
