The Broadcasting Act 1990 (Guernsey) (No. 2) Order 1991

• Citation: S.I. 1991/1709
• Sections: 61

Section 1

This Order may be cited as the Broadcasting Act 1990 (Guernsey) (No. 2) Order 1991 and shall come into force on 1st August 1991.

Section 2

In this Order “Guernsey” means the Bailiwick of Guernsey.

Section 3

(1) The following provisions of the Broadcasting Act 1990 shall extend, with the modifications specified in the Schedule to this Order, to Guernsey–

(a) in Part I (independent television services), sections 1 to 13, 23 to 35, 37 to 45, 48 to 55, 65 and 67 to 71;

(b) Part III (independent radio services), except Chapter III ;

(c) Part V (Broadcasting Complaints Commission), except section 149;

(d) Part VI (Broadcasting Standards Council);

(e) Part VIII (provisions relating to wireless telegraphy), except section 174;

(f) n Part X (miscellaneous and general), sections 177, 178, 181, 182, 185, 186, 195 to 197, 199, 201 and 203; and

(g) Schedules 1 to 3, 5, 7, 8, 13, 14, 16 and 21.

(2) For the purpose of construing those provisions as so extended as part of the law of Guernsey, unless a contrary intention appears–

(a) any reference to an enactment which extends to Guernsey shall be construed as a reference to that enactment as it has effect in Guernsey, and

(b) any reference to a licensable programme service, to a licensable sound programme service or to a local delivery service shall be construed as a reference only to a service of the kind in question which is provided in the United Kingdom under the Broadcasting Act 1990 as it has effect in the United Kingdom.

Section 1

In section 2 (function of Commission)–

(a) in subsection (1)(a) and (b) after the words “United Kingdom” insert “or the Bailiwick of Guernsey”;

(b) in subsections (2)(a) and (5) after the words “United Kingdom” insert “and the Bailiwick of Guernsey”; and

(c) omit subsection (3).

Section 2

In section 3 (general provisions about licences), in subsection (8) after “1984” insert “or section 7 of the Telecommunications (Guernsey) Law, 1972”.

Section 3

In section 8 (advertisements)–

(a) in subsection (2)(a) after the words “government department” insert “or the States of Guernsey”; and

(b) for subsection (4) substitute–

(4) Subsection (2) above has effect as if any regulations under section 8(4) of the Broadcasting Act 1990 for the time being in force in the United Kingdom had extended to the Bailiwick of Guernsey.

Section 4

In section 9 (control of advertisments)–

(a) in subsection (4)(a) after the words “Secretary of State” insert “and the States Broadcasting Committee”; and

(b) in subsection (4)(b) for the word “he” substitute “the Secretary of State”.

Section 5

In section 10 (government control over licensed services), omit subsection (6).

Section 6

In section 13 (prohibition on providing television services without a licence)–

(a) for subsection (2) substitute–

(2) Subsection (1) above has effect as if any order under section 13(2) of the Broadcasting Act 1990 for the time being in force in the United Kingdom had extended to the Bailiwick of Guernsey.

(b) omit subsection (4);

(c) in subsection (5) for the words “the Crown” substitute “Her Majesty’s Procureur”; and

(d) omit subsection (6).

Section 7

In section 24 (provision of Channel 4), in subsection (3) for the words “England, Scotland and Northern Ireland” substitute “England, Scotland, Northern Ireland and the Bailiwick of Guernsey”.

Section 8

In section 26 (revenue deficits of Corporation)–

(a) for subsection (10) substitute–

(10) Subsections (2) and (4) above have effect as if any order under section 26(10) of the Broadcasting Act 1990 for the time being in force in the United Kingdom had extended to the Bailiwick of Guernsey.

(b) omit subsection (11).

Section 9

In section 28 (Channel 5), in subsections (1) and (2) after the words “United Kingdom” insert “and the Bailiwick of Guernsey”.

Section 10

In section 29 (application of certain provisions to Channel 5), in subsection (2)(a) after the words “United Kingdom” insert “and the Bailiwick of Guernsey”.

Section 11

In section 34 (schools programmes), in subsection (2)(c) after the words “United Kingdom” insert “and the Bailiwick of Guernsey”.

Section 12

In section 39 (networking arrangements), in subsection (1) after the words “United Kingdom” insert “and the Bailiwick of Guernsey”.

Section 13

In section 43 (satellite services), in subsection (4)–

(a) after the definition of “allocated frequency” insert–

“the United Kingdom” includes the Bailiwick of Guernsey;

(b) for the definition of “prescribed country” substitute–

“prescribed country” means any country specified in an order made for the purposes of section 43(4) of the Broadcasting Act 1990 for the time being in force in the United Kingdom.

Section 14

In section 45 (licensing of non-domestic satellite services)–

(a) for subsection (8) substitute–

(8) Subsection (6) above has effect as if any order under section 45(8) of the Broadcasting Act 1990 for the time being in force in the United Kingdom had extended to the Bailiwick of Guernsey.

(b) omit subsection (9).

Section 15

In section 48 (additional services), in subsection (6) for the words “Telecommunications Act 1984” substitute “Telecommunications (Guernsey) Law, 1972”.

Section 16

In section 51 (procedure for awarding licences), in subsection (7) for the words “Director General of Telecommunications” substitute “States Telecommunications Board”.

Section 17

In section 53 (duration of licences, etc. ), in subsection (7)(a) after the word “Commission” insert “for the benefit of the States of Guernsey”.

Section 18

In section 65 (assignment of frequencies), omit subsection (3).

Section 19

In section 68 (receipts of Commission), after subsection (1)(c) insert–

(d) if the licence is for the provision of a service for the Bailiwick of Guernsey, be paid to the Treasurer of the States of Guernsey; or

(e) if the licence is for the provision of a service for an area consisting of–

(i) the Bailiwick of Guernsey and the whole or part of the United Kingdom, or

(ii) the Bailiwick of Guernsey and the Bailiwick of Jersey, or

(iii) both those Bailiwicks and the whole or part of the United Kingdom,

as respects such proportion of the amount as the Commission consider appropriate, be paid as mentioned in paragraph (d) above.

Section 20

In section 71 (interpretation of Part I), in subsection (1) omit the definition of “S4C”.

Section 21

In section 84 (function of Radio Authority)–

(a) in subsection (1) after the words “United Kingdom”, wherever occurring, insert “or the Bailiwick of Guernsey”;

(b) in subsection (2)(a)(i) and (ii) and where first occurring in (b)(ii), after the words “United Kingdom” insert “and the Bailiwick of Guernsey”; and

(c) in subsection (2)(a)(iii) and (b)(i), in the second place in which they occur in (b)(ii), and in subsection (3), after the words “United Kingdom” insert “or the Bailiwick of Guernsey”.

Section 22

In section 85 (licensing functions)–

(a) in subsection (2) after the words “United Kingdom” insert “and the Bailiwick of Guernsey”;

(b) omit subsection (4);

(c) for subsection (5) substitute–

(5) Subsection (2)(a) above and section 98(1)(b)(iii) below have effect as if any order under section 85(5) of the Broadcasting Act 1990 for the time being in force in the United Kingdom had extended to the Bailiwick of Guernsey.

(d) omit subsection (7).

Section 23

In section 86 (licences under Part III), in subsection (9) after “1984” insert “or section 7 of the Telecommunications (Guernsey) Law, 1972”.

Section 24

In section 92 (advertisements)–

(a) in subsection (2) after the words “government department” insert “or the States of Guernsey”; and

(b) for subsection (4) substitute–

(4) Subsection (2) above has effect as if any regulations under section 92(4) of the Broadcasting Act 1990 for the time being in force in the United Kingdom had extended to the Bailiwick of Guernsey.

Section 25

In section 93 (control of advertisements)–

(a) in subsection (4)(a) after the words “Secretary of State” insert “and the States Broadcasting Committee”; and

(b) in subsection (4)(b) for the word “he” substitute “the Secretary of State”.

Section 26

In section 94 (government control) omit subsection (6).

Section 27

In section 97 (prohibition on unlicensed radio services)–

(a) for subsection (2) substitute–

(2) Subsection (1) above has effect as if any order under section 97(2) of the Broadcasting Act 1990 for the time being in force in the United Kingdom had extended to the Bailiwick of Guernsey.

(b) omit subsection (4);

(c) in subsection (5) for the words “the Crown” substitute “Her Majesty’s Procureur”; and

(d) omit subsection (6).

Section 28

In section 98 (applications for national licences), in subsections (1) and (2) after the words “United Kingdom” insert “and the Bailiwick of Guernsey”.

Section 29

In section 104 (applications for other licences), in subsection (1) after the words “United Kingdom” insert “or the Bailiwick of Guernsey”.

Section 30

In section 105 (special requirements relating to grant of local licences), in paragraph (d) after the word “locality” insert “and the views of the States of Guernsey in relation to the application”.

Section 31

In section 110 (financial penalty, etc.), for subsection (7) substitute–

(7) Subsection (3) above has effect as if any order under section 110(7) of the Broadcasting Act 1990 for the time being in force in the United Kingdom had extended to the Bailiwick of Guernsey.

Section 32

In section 114 (additional services), in subsection (6) for the words after “section 4(1)” substitute “of the Telecommunications (Guernsey) Law, 1972”.

Section 33

In section 117 (procedure), in subsection (7) for the words “Director General of Telecommunications” substitute “States Telecommunications Board”.

Section 34

In section 122 (receipts of Authority), after subsection (1)(c) insert–

(d) if the licence is for the provision of a service for any area, locality, institution or event in the Bailiwick of Guernsey, be paid to the Treasurer of the States of Guernsey; or

(e) if the licence is for the provision of a service for an area consisting of–

(i) the Bailiwick of Guernsey and the whole or part of the United Kingdom, or

(ii) the Bailiwick of Guernsey and the Bailiwick of Jersey, or

(iii) both those Bailiwicks and the whole or part of the United Kingdom,

as respects such proportion of the amount as the Authority consider appropriate, be paid as mentioned in paragraph (d) above.

Section 35

In section 143 (function of BCC), omit subsection (2)(b).

Section 36

In section 144 (complaints), in subsection (4)(b) and (c) after the words “United Kingdom” insert “or the Bailiwick of Guernsey”.

Section 37

In section 150 (interpretation of Part V), in the definition of “broadcasting body” omit the words “or the Welsh Authority”.

Section 38

In section 152 (preparation of code), omit subsection (2)(b).

Section 39

In section 153 (monitoring of standards), in subsection (4) after the words “United Kingdom” insert “and the Bailiwick of Guernsey”.

Section 40

In section 154 (complaints relating to broadcasting standards), in subsection (5)(a) and (b) after the words “United Kingdom” insert “or the Bailiwick of Guernsey”.

Section 41

In section 172 (amendment of Wireless Telegraphy Act 1949 , in the subsection (3) substituted by subsection (4) for section 14(3) of the 1949 Act–

(a) for paragraph (d) substitute–

(d) any offence under this Act which is an offence under the Wireless Telegraphy Apparatus (Bailiwick of Guernsey) Law, 1990;

(b) for the words “Secretary of State” substitute “Crown for the benefit of the Crown revenues in the Bailiwick of Guernsey”.

Section 42

In section 177 (unacceptable foreign satellite services)–

(a) omit subsections (1) to (5); and

(b) in subsection (6) omit the words “this section and”, and after the words “the United Kingdom”–

(i) where first occurring, insert “and the Bailiwick of Guernsey”, and

(ii) in the second place in which they occur, insert “or the Bailiwick of Guernsey”.

Section 43

In section 178 (offence of supporting proscribed foreign satellite service)–

(a) in subsection (1) for the words “for the purposes of this section by virtue of an order under section 177” substitute “in the United Kingdom for the purposes of section 178 of the Broadcasting Act 1990 by virtue of an order under section 177 of that Act”; and

(b) in subsection (2) for the words “United Kingdom” substitute “Bailiwick of Guernsey”.

Section 44

In section 181 (apparatus deemed to be for wireless telegraphy), in subsection (3)(a) and (b) after the words “United Kingdom” insert “or the Bailiwick of Guernsey”.

Section 45

In section 182 (events not to be shown on pay-per-view terms)–

(a) in subsection (3)(a) for the words after “list” substitute “for the time being having effect in the United Kingdom for the purposes of section 182 of the Broadcasting Act 1990”; and

(b) in subsection (7) for the words “England, Scotland, Wales and Northern Ireland” substitute “England, Scotland, Wales, Northern Ireland and the Bailiwick of Guernsey”.

Section 46

In section 196 (entry and search of premises)–

(a) in subsection (1) for the words “a justice of the peace” substitute “the Bailiff (as regards the Bailiwick of Guernsey), the Chairman of the Court of Alderney (as regards Alderney) or the Seneschal of the Court of Sark (as regards Sark)” and after the words “to enter and search” insert “with officers of police (whether or not named in the warrant)”; and

(b) omit subsections (5) and (6).

Section 47

In section 197 (disclosure) omit subsection (5).