The Broadcasting (Guernsey) Order 2003

• Citation: S.I. 2003/3192
• Sections: 70

Section 1 Citation and commencement

This Order may be cited as the Broadcasting (Guernsey) Order 2003 and shall come into force on 29th December 2003.

Section 2 Extension of Broadcasting Act 1996

The following provisions of the Broadcasting Act 1996 shall extend, with the modifications specified in Schedule 1 to this Order, to the Bailiwick of Guernsey—

(a) in Part I (digital terrestrial television broadcasting), sections 1 to 20, 22 to 28, 30, 31, 33 to 39;

(b) in Part II (digital terrestrial sound broadcasting), sections 40 to 72;

(c) in Part III (amendments of Broadcasting Act 1990), sections 73 to 76, 78, 79, 82 to 89, 92 to 94, and 96;

(d) Part IV (sporting and other events of national interest);

(e) in Part V (Broadcasting Standards Commission), sections 106 to 126 and 128 to 130;

(f) in Part VIII (miscellaneous and general), sections 142 to 148 and 150; and

(g) Schedules 1 to 4, 8 and 10 and Part I of Schedule 11.

Section 3 Amendment of Broadcasting Act 1990 (Guernsey) ( No. 2) Order 1991

The Schedule to the Broadcasting Act 1990 (Guernsey) (No. 2) Order 1991 is hereby amended in accordance with Schedule 2 to this Order.

Section 4 Revocations

In the Broadcasting Act 1996 (British Broadcasting Corporation—Transmission Network) (Guernsey) Order 1997 , the following provisions are hereby revoked—

(a) in article 2, the words “147(1)”; and

(b) paragraph 1 of the Schedule.

Section 1

Any reference to a provision of the Broadcasting Act 1990 (“the 1990 Act ”) shall be construed as a reference to that provision as it has effect in the Bailiwick of Guernsey by virtue of the Broadcasting Act 1990 (Guernsey) (No. 2) Order 1991.

Section 2

The following provisions, that is—

section 1(4),

section 12(1)(h),

section 13(1),

section 19(2)(b),

section 20,

section 24(3),

section 28 (and the provisions referred to in section 28(3) as enacted),

section 40(5),

section 41(3),

section 54(1),

section 46(1),

section 63(3),

section 98(2),

section 102(3)and (4),

the provisions referred to in section 36(2) as enacted, and

the provisions referred to in section 69(2) as enacted,

shall have effect as if any order made under, respectively—

section 1(5),

section 12(5),

section 13(2),

section 19(8),

section 21(1),

section 24(3)(b),

section 28(3),

section 40(6),

section 41(4),

section 54(3),

section 55(2),

section 63(3),

section 98(3),

section 102(4)(b),

section 36(1), and

section 69(1)as enacted,

and which is for the time being in force in the United Kingdom, had extended to the Bailiwick of Guernsey.

Section 3

In section 1—

(a) subsections (5) and (6) shall be omitted; and

(b) in subsection (7)—

(i) in the definition of “broadcast”, paragraph (b) and the word “or” immediately preceding it shall be omitted; and

(ii) in the definition of “for general reception”, there shall be added at the end the words “and the Bailiwick of Guernsey.”.

Section 4

In section 2—

(a) in subsection (1), paragraph (b) shall be omitted; and

(b) subsection (4) shall be omitted.

Section 5

In section 3(8), for “section 7 of the Telecommunications Act 1984” there shall be substituted “section 2 of the Telecommunications (Bailiwick of Guernsey) Law, 2001”.

Section 6

In section 4(4), after “such tariff” there shall be inserted “in the Bailiwick of Guernsey”.

Section 7

In section 5(1)(b), for “ III to V” there shall be substituted “III and IV ”.

Section 8

In section 7(1)(c), after “United Kingdom” there shall be inserted “and the Bailiwick of Guernsey”.

Section 9

In section 8(1), after “United Kingdom” there shall be inserted “and the Bailiwick of Guernsey”.

Section 10

In section 12, subsections (5) and (6) shall be omitted.

Section 11

In section 13, subsections (2) and (3) shall be omitted.

Section 12

In section 19—

(a) in subsection (6), after “United Kingdom”, there shall be inserted “(including on behalf of the Bailiwick of Guernsey)”; and

(b) subsections (8) and (9) shall be omitted.

Section 13

Section 21 shall be omitted.

Section 14

In section 24, subsection (4) shall be omitted.

Section 15

In section 25(5), after “United Kingdom” there shall be inserted “and the Bailiwick of Guernsey”.

Section 16

In section 28—

(a) subsection (3);

(b) in subsection (6), the words from “Without prejudice” to “cases),”; and

(c) subsection (7),

shall be omitted.

Section 17

In section 31, the words “the Welsh authority or” shall be omitted.

Section 18

In section 33—

(a) in subsection (1)(a)—

(i) after the words “United Kingdom” in each place where they occur there shall be inserted “and the Bailiwick of Guernsey”; and

(ii) in sub-paragraph (ii), the words “, S4C Digital” shall be omitted;

(b) in subsection (3)—

(i) in paragraph (c), the words “or II ” shall be omitted; and

(ii) for paragraph (d) there shall be substituted—

(d) the States of Guernsey Broadcasting Committee;

Section 19

In section 38—

(a) in subsection (1), for paragraph (c) and the word “or” immediately preceding it there shall be substituted—

(bb) 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

(c) 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,

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

(iii) the Bailiwick of Guernsey, the Bailiwick of Jersey 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 paragraph (bb) above.

(b) in subsection (5)—

(i) after “Northern Ireland” there shall be inserted “and the Treasurer of the States of Guernsey”;

(ii) after “Auditor General”, where it appears for the first time, there shall be inserted “and to the Treasurer of the States of Guernsey”; and

(iii) after “Parliament” there shall be inserted “and the Treasurer of the States of Guernsey shall lay copies of the account before the States of Guernsey”.

Section 20

In section 39(1), the definitions of “S4C”, “on S4C”, “S4C Digital” and “on S4C Digital” shall be omitted.

Section 21

In section 40—

(a) after the words “United Kingdom” in each place where they occur there shall be inserted “and the Bailiwick of Guernsey”;

(b) the following shall be omitted—

(i) subsections (6) and (7); and

(ii) in subsection (8), in the definition of “broadcast”, paragraph (b).

Section 22

In section 41, subsections (4) to (6) shall be omitted.

Section 23

In section 42(7), for “section 7 of the Telecommunications Act 1984” there shall be substituted “section 2 of the Telecommunications (Bailiwick of Guernsey) Law 2001”.

Section 24

In section 46(1)(c), after “United Kingdom” there shall be inserted “and the Bailiwick of Guernsey”.

Section 25

In section 47(1), after “United Kingdom” there shall be inserted “and the Bailiwick of Guernsey”.

Section 26

In section 49(1), the words “and every BBC radio service for Wales, Scotland or Northern Ireland” shall be omitted.

Section 27

In section 50(2)(c), after “United Kingdom” there shall be inserted “and the Bailiwick of Guernsey”.

Section 28

In section 54, subsections (3) and (4) shall be omitted.

Section 29

In section 55, subsections (2) and (3) shall be omitted.

Section 30

In section 63, subsections (3) and (4) shall be omitted.

Section 31

In section 67(1)(a), after the words “United Kingdom” in each place where they occur there shall be inserted “and the Bailiwick of Guernsey”.

Section 32

In section 71—

(a) in subsection (1), for paragraph (c) and the word “or” immediately preceding it there shall be substituted—

(bb) 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

(c) 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,

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

(iii) the Bailiwick of Guernsey, the Bailiwick of Jersey 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 (bb) above.

(b) in subsection (5)—

(i) after “Northern Ireland” there shall be inserted “and the Treasurer of the States of Guernsey”;

(ii) after the words “Auditor General”, where they first occur, there shall be inserted “and to the Treasurer of the States of Guernsey”; and

(iii) after “Parliament” there shall be inserted “and the Treasurer of the States of Guernsey shall lay copies of the account before the States of Guernsey”.

Section 33

In section 72(2), after the words “United Kingdom” there shall be inserted “or to an area in the United Kingdom and the Bailiwick of Guernsey”.

Section 34

In section 84, subsections (3) and (4) shall be omitted.

Section 35

In section 86, subsection (3) shall be omitted.

Section 36

In section 88(4), for “Subsections (8) and (9) are” there shall be substituted “Subsection (8) is”.

Section 37

In section 97—

(a) in subsection (2), after paragraph (b) there shall be inserted—

(bb) the States of Guernsey Broadcasting Committee,

(b) in subsection (4), for “Wales or Northern Ireland” there shall be substituted “Wales, Northern Ireland or the Bailiwick of Guernsey”.

Section 38

In section 98, subsections (3) and (4) shall be omitted.

Section 39

In section 99—

(a) in subsection (1), after the words “United Kingdom” in each place where they occur there shall be inserted “and the Bailiwick of Guernsey”;

(b) in subsection (2), the words “, the Welsh Authority” shall be omitted.

Section 40

In section 100(1), after the words “United Kingdom” in both places where they occur there shall be inserted “and the Bailiwick of Guernsey”.

Section 41

In section 101(1), after the words “United Kingdom” in both places where they occur there shall be inserted “and the Bailiwick of Guernsey”.

Section 42

In section 102, subsection (5) shall be omitted.

Section 43

In section 103(3), the words “or the Welsh Authority” shall be omitted.

Section 44

In section 104(4), paragraph (b) shall be omitted.

Section 45

In section 107—

(a) in subsection (4), after paragraph (a) there shall be inserted—

(aa) the States of Guernsey Broadcasting Committee, and

(b) in subsection (5), paragraph (b) shall be omitted.

Section 46

In section 108—

(a) in subsection (4), after paragraph (a) there shall be inserted—

(aa) the States of Guernsey Broadcasting Committee, and

(b) in subsection (5)—

(i) paragraph (b); and

(ii) paragraph (d) and the word “ , and” immediately preceding it,

shall be omitted.