The Broadcasting Act 1990 (Jersey) Order 1991

• Citation: S.I. 1991/193
• Sections: 16

Section 1

This Order may be cited as the Broadcasting Act 1991 and shall come into force on 13th February 1991.

Section 2

In this Order—

“ the Act ” means the Broadcasting Act 1990; and

“ Jersey ” means the Bailiwick of Jersey.

Section 3

(1) The following provisions of the Act shall extend, with the modifications specified in the Schedule to this Order, to Jersey—

(a) in Part I (independent television services), sections 14 to 22 and 66;

(b) in Part IV (transfer of undertakings), sections 127, 129 to 131 and 141;

(c) in Part X (miscellaneous and general), sections 202 and 204; and

(d) Schedules 9 and 11.

(2) From 1st April 1991 the following provisions of the Act shall extend to Jersey—

(a) section 180, except subsection (4); and

(b) Part I of Schedule 18.

(3) For the purpose of construing provisions of the Act, as extended by this Order, as part of the law of Jersey, any reference to an enactment which extends to Jersey shall, unless a contrary intention appears, be construed as a reference to that enactment as it has effect in Jersey.

Section 1

In section 14 (establishment of Channel 3)—

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

(b) omit subsection (7).

Section 2

In section 15 (applications for Channel 3 licences), in subsection (1)(b)(i) and (iv) after the words “United Kingdom” insert “and the Bailiwick of Jersey”.

Section 3

In section 16 (procedure)—

(a) in subsection (4) after the words “take into account” insert “the views in that behalf of the States of Jersey and”;

(b) omit subsections (5)(a) and (7); and

(c) for subsection (6) substitute—

(6) Subsection (2)(h) above has effect as if any order under section 16(5) or (6) of the Broadcasting Act 1990 for the time being in force in the United Kingdom had extended to the Bailiwick of Jersey.

Section 4

In section 20 (duration and renewal of Channel 3 licences), in subsection (6)(a) after the word “Commission” insert “for the benefit of the States of Jersey”.

Section 5

In section 66 (transmission requirements)—

(a) in subsections (1) and (2) for the words “as the Secretary of State may by order specify” substitute “as may be specified in any order under section 66(1), (2) or (3) of the Broadcasting Act 1990 for the time being in force in the United Kingdom”;

(b) omit subsection (3);

(c) in subsection (6)(b) for the words “England, Scotland and Northern Ireland” substitute “England, Scotland, Northern Ireland and the Bailiwick of Jersey”; and

(d) omit subsections (7) and (8).

Section 6

In section 127 (divisions of assets, and dissolution, of IBA ), in subsection (3) for the words “are dissolved by order made by the Secretary of State” substitute “cease to exist in the United Kingdom”.

Section 7

In section 129 (transitional arrangements) omit subsections (1)(b) and (c), (2)(b), (7)(iii) and (9).

Section 8

In section 130 (variation of programme contracts)—

(a) in subsection (1) omit the words “Subject to subsections (2) and (4)”;

(b) omit subsections (2) to (4);

(c) in subsections (5) and (9) omit the words “or (3)”; and

(d) in subsection (8) for the words “section 129(8) and (9) apply” substitute “section 129(8) applies”.

Section 9

In section 131 (supplementary provisions) omit the words “to (4)” wherever occuring.

Section 10

In section 202 (general interpretation), in subsection (5)(a) and (b) for the words “United Kingdom” substitute “Bailiwick of Jersey”.

Section 11

In section 204 (short title, etc. ) omit subsections (2) to (6).

Section 12

In Schedule 9 (division of assets of IBA) omit paragraphs 4(4), 5(5)(b) and 9 to 11.

Section 13

In Schedule 11 (transitional provisions relating to IBA’s broadcasting services)—

(a) in Part I omit the definition of “S4C”;

(b) in Part II—

(i) in paragraph 1(2) after the words “United Kingdom” insert “and the Bailiwick of Jersey”,

(ii) omit paragraphs 1(3) to (9), 2, 3(2) to (5) and 4 to 11,

(iii) in paragraph 3(1) for the words “England, Scotland and Northern Ireland” substitute “England, Scotland, Northern Ireland and the Bailiwick of Jersey”,

(iv) in paragraph 12(1)(a) for the words “in accordance with this part of this Schedule” substitute “in the United Kingdom in accordance with Part II of Schedule 11 to the Broadcasting Act 1990”, and

(v) omit paragraph 12(3) and (4); and

(c) omit Parts III, IV and V.