The Broadcasting (Isle of Man) Order 2003

• Citation: S.I. 2003/3193
• Sections: 53

Section 1 Citation and commencement

This Order may be cited as the Broadcasting (Isle of Man) Order 2003 and shall come into force on 29th December 2003 and shall be deemed to have come into force immediately before the Communications (Isle of Man) Order 2003 .

Section 2 Extension of the 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 Isle of Man—

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

(b) in Part II (digital terrestrial sound broadcasting), sections 40 to 48, 50, 51 and 53 to 72;

(c) in Part III (amendments of Broadcasting Act 1990), sections 73 to 76, 78, 79, 82, 83, 84, 86, 87 and 92;

(d) Part IV (sporting and other events of national interest) (sections 97 to 105);

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

(f) Part VI (British Broadcasting Corporation), sections 131 to 133 and 136;

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

(h) Schedules 1 to 5, 8, 10 and Part I of Schedule 11.

Section 3 Amendment of the Broadcasting Act 1990 (Isle of Man) ( No. 2) Order 1991

The Broadcasting Act 1990 (Isle of Man) (No. 2) Order 1991 is amended in accordance with Schedule 2 to this Order.

Section 4 Revocations

In the Broadcasting Act 1996 (British Broadcasting Corporation—Transmission Network) (Isle of Man) 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 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 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 Isle of Man.

Section 2 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

For the words “United Kingdom” wherever they occur, apart from in—

section 19(6)

section 38(1) and (5),

section 71(1) and (5),

section 72(2),

section 74(2)(a) (in section 31 of the 1990 Act as amended by the 1996 Act),

section 84(1) (in the new section 24(6) of the 1990 Act),

section 114(2),

Schedule 2, Part I, paragraph 4, inserted by paragraphs 3A and 3B of Part I of Schedule 2 to the 1990 Act,

Schedule 2, Part III, substituted by paragraphs 2 and 5 of Part III of Schedule 2 to the 1990 Act,

Schedule 2, Part IV, substituted by paragraphs 2 and 13 of Part IV of Schedule 2 to the 1990 Act, and

Schedule 10, paragraph 5, inserted by paragraphs (d), (e) and (f) of section 84(1) of the 1990 Act,

substitute “United Kingdom and the Isle of Man”.

Section 3 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 1 (multiplex services and digital programme services)—

(a) in subsection (1A), for the words “United Kingdom” substitute “United Kingdom and the Isle of Man, but not for general reception in the Isle of Man only”; and

(b) in subsection (7), in the definition of “broadcast”, for the words “local delivery service (as defined by section 72(1) of the 1990 Act)” substitute “cable programme service (as defined by section 13(3) of the Broadcasting Act 1993 (an Act of Tynwald)”.

Section 4 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 2 (definition of “independent analogue broadcaster” and “qualifying service”)—

(a) in subsection (1), omit paragraph (b); and

(b) omit subsection (4).

Section 5 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 3(8) (licences under Part I), for the words “section 7 of the Telecommunications Act 1984” substitute “section 5 of the Telecommunications Act 1984 (an Act of Tynwald)”.

Section 6 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 4(4) (general licence conditions), after the words “such tariff” insert “in the Isle of Man”.

Section 7 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 25 (licensing of digital additional services), at the end add—

(7) In relation to a digital additional service for the Isle of Man only, references to the Commission in this section and in sections 26 and 27 shall be construed as references to the Communications Commission

Section 8 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 31 (advertisements), omit the words “the Welsh authority or”.

Section 9 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 33 (review of digital television broadcasting)—

(a) in subsection (1)(a)(ii), omit “, S4C Digital”;

(b) in subsection (3)

(i) in paragraph (c), omit “or II ”; and

(ii) for paragraph (d) substitute—

(d) the Communications Commission;

Section 10 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 38 (receipts paid into Consolidated Funds)—

(a) in subsection (1), for paragraph (c) substitute—

(c) if the licence is for the provision of a service for the Isle of Man and the whole or part of the United Kingdom, be paid into either or both of those Funds and to the Treasury of the Isle of Man in such proportions as the Commission consider appropriate.

(b) after subsection (4), insert—

(4A) In respect of a licence granted by the Communications Commission—

(a) any amount specified in subsection (2) which is received by that Commission shall be paid to the Treasury of the Isle of Man for the general revenue of the Isle of Man; and

(b) subsections (3) and (4) shall apply as if the reference in subsection (3) to subsection (1) were a reference to this subsection, and as if the reference in each of those subsections to the Commission were a reference to the Communications Commission

Section 11 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 39(1) (interpretation Part I), omit the definitions of “S4C”, “on S4C”, “SC4 Digital” and “on S4C Digital”.

Section 12 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 40 (radio multiplex services)—

(a) for subsection (4) substitute—

(4) A radio multiplex service provided on a frequency or frequencies assigned to the Authority under section 45(1) shall be provided without any restriction by virtue of this Act to a particular area or locality in the United Kingdom and the Isle of Man (a “national radio multiplex service”).

(4A) A radio multiplex service provided on a frequency or frequencies assigned to the Communications Commission under section 45(1A) shall be provided for the Isle of Man only (a “local radio multiplex service”).

(b) in subsection (8), in the definition of “broadcast”, for “local delivery service (as defined by section 72(1) of the 1990 Act)” substitute “cable programme service (as defined by section 13(3) of the Broadcasting Act 1993 (an Act of Tynwald))”.

Section 13 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 42 (licences under Part II)—

(a) in subsection (7), for “section 7 of the Telecommunications Act 1984” substitute “section 5 of the Telecommunications Act 1984 (an Act of Tynwald)”; and

(b) at the end add—

(8) In relation to local radio multiplex licences, references in this section and the following provisions of this Part to the Authority shall be construed as references to the Communications Commission.

Section 14 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 45 (assignment of frequencies)—

(a) in subsection (1), after “provision of” insert “national”; and

(b) after subsection (1) insert—

(1A) The Secretary of State may by notice assign to the Communications Commission, for the purpose of the provision of local radio multiplex services falling to be licensed by them under this Part, such frequencies as he may determine.

Section 15 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 50 (local radio multiplex licence)—

(a) in subsection (1), for the words from “Where” to “the Authority” substitute “Where the Communications Commission propose to grant a local radio multiplex licence, they”;

(b) in subsection (2), omit paragraphs (c) and (d); and

(c) in subsection (4), in paragraph (c), omit the words “(other than BBC services)”.

Section 16 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 51(2) (award of local radio multiplex licence)—

(a) in paragraph (a), for the words in brackets substitute “within the Isle of Man”;

(b) in paragraph (d), omit the words “(other than BBC services)”; and for the words “the area or locality for which the service is to be provided” substitute “the Isle of Man”;

(c) in paragraph (e), for the words “the area or locality for which it is to be provided” substitute “the Isle of Man”; and

(d) in paragraph (f), for the words “that area or locality” substitute “the Isle of Man”.

Section 17 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 54(1)(c)(ii) (conditions), for the words from “the BBC” to the end substitute “the holder of a licence under Part 1 of the Broadcasting Act 1993 (an Act of Tynwald) to provide local digital sound programme services”.

Section 18 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 58 (duration and renewal of licences)—

(a) in subsection (4), omit paragraph (a)(ii) and, in paragraph (b), omit the words “or those supplementary proposals”;

(b) in subsections (5) and (8) for the words “Secretary for State” substitute “Governor in Council”;

(c) in subsection (7)(b) omit the words “or supplementary proposals”; and

(d) in subsection (ii), omit the words “and supplementary proposals”.

Section 19 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 60 (licensing of digital sound programme services)—

(a) for subsection (2) substitute—

(2) A licence to provide digital sound programme services is a licence to provide national digital sound programme services only and in this Part is referred to either as “a digital sound programme licence” or as a “national digital sound programme licence”.

(b) in subsection (7), omit the words “or local”; and

(c) in subsection (8)—

(i) in the substituted section 90(3) of the 1990 Act, omit paragraph (b); and

(ii) in the substituted section 90(4) of the 1990 Act, omit the words from “and in applying” to the end.

Section 20 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 62 (enforcement), omit subsection (9).

Section 21 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 63 (digital additional services), after subsection (2) insert—

(2A) The reference in subsection (2) to a digital sound programme licence includes a reference to a licence granted under Part I of the Broadcasting Act 1993 (an Act of Tynwald) for a digital sound programme service for the Isle of Man provided for broadcasting by means of a local radio multiplex licence; and, in relation to an additional service provided by the holder of such a licence, references to the Authority in sections 64 to 66 shall be construed as references to the Communications Commission.

Section 22 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 71 (receipts paid into Consolidated Funds)—

(a) in subsection (1), for paragraph (c) substitute—

(c) in any other case, be paid into either or both of those Funds and to the Treasury of the Isle of Man for the general revenue of the Isle of Man in such proportions as the Authority consider appropriate.

(b) after subsection (4), insert—

(4A) In respect of a licence granted by the Communications Commission—

(a) any amount specified in subsection (2) which is received by that Commission shall be paid to the Treasury of the Isle of Man for the general revenue of the Isle of Man; and

(b) subsections (3) and (4) shall apply as if the reference in subsection (3) to subsection (1) were a reference to this subsection, and as if the reference in each of those subsections to the Authority were a reference to the Communications Commission.

Section 23 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 72(1) (interpretation Part II)—

(a) in the definition of “digital sound programme licence”, for the words “means a licence to provide such services” substitute “has the meaning given by section 60(2)”;

(b) for the definition of “local digital sound programme licence” and “national digital sound programme licence” substitute “national digital sound programme licence” has the meaning given by section 60(2)”; and

(c) in the definition of “local radio multiplex service”, after “40(4)” insert “and (4A)”.

Section 24 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 84 (Channel Four to be licensed service), omit subsections (3) and (4).

Section 25 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 86 (Channel 3 licence), omit subsection (3).

Section 26 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 97 (listed events television programme services)—

(a) in subsection (2), after paragraph (b), insert—

(bb) the Communications Commission;

(b) in subsection (4), for the words “Wales or Northern Ireland” substitute “Wales, Northern Ireland or the Isle of Man”.

Section 27 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 99(2) (exclusive rights contracts made before Act commencement void), omit the words “, the Welsh Authority”.

Section 28 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 103(3) (report to Secretary of State), omit the words “or the Welsh Authority”.

Section 29 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 104(4) (code of guidance), omit paragraph (b).

Section 30 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 107 (BSC code on avoidance of unjust or unfair treatment or interference with privacy)—

(a) in subsection (4), after paragraph (a), omit the word “and” and insert—

(aa) the Communications Commission, and

(b) in subsection (5), omit paragraph (b).

Section 31 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 108 (BSC code on broadcasting standards generally)—

(a) after subsection (4)(a), omit the word “and” and insert—

(aa) the Communications Commission, and

(b) in subsection (5), after paragraph (a), insert the word “and”; and omit paragraphs (b) and (d) and the word “, and” after paragraph (c).

Section 32 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 114(2)(a) and (b) (complaints: fairness, taste and decency), after the words “United Kingdom” insert “or the Isle of Man”.

Section 33 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 116(6) (standards complaints), omit the definition of “licensed service”.

Section 34 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 117 (duty to retain recordings), omit the words from “and of” to “offences)”.

Section 35 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 119 (publication of BSC findings) omit subsection (12).

Section 36 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 124 (duty to publicise BSC), omit subsection (4).

Section 37 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 125 (annual reports), omit subsections (5)(b) and (6).

Section 38 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 130(1) (interpretation of Part V)—

(a) in the definition of “broadcasting body”, omit the words “or the Welsh Authority”;

(b) in the definition of “licensed service”—

(i) omit the words from “, subject to” to “ 125(6),”; and

(ii) in paragraph (e), omit the words “provided by a person other than the Welsh Authority”; and

(c) omit the definition of “local delivery service”.

Section 39 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 142(7) (standards for transmission services)—

(a) in the definition of “licensed service”, omit the words “or II” and “or provided under a relevant cable licence”; and

(b) omit the definition of “relevant cable licence”.

Section 40 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 143(1) and (2) (disqualification on grounds related to political objections), omit “or II”.

Section 41 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 144(5)(a) (offence of providing false information), omit the words “or II”.

Section 42 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 146 (disqualification orders)—

(a) in subsection (2), for the words “England and Wales or Northern Ireland” substitute “England and Wales, Northern Ireland or the Isle of Man”; and

(b) omit subsection (3).

Section 43 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In section 150 (short title), omit subsections (2) to (4).

Section 44 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In Schedule 8 (amendments to 1990 Act), omit paragraph 4.

Section 45 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In Schedule 10 (amendments)—

(a) omit paragraphs 4, 7 and 8;

(b) in paragraph 10, omit sub-paragraph (a);

(c) omit paragraphs 15, 16, 18 and 19;

(d) in paragraph 21, omit sub-paragraph (c); and

(e) omit paragraphs 24 and 26 to 32.

Section 46 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO THE ISLE OF MAN 1.

In Part I of Schedule 11, omit all entries except those relating to the 1990 Act.