The Communications (Bailiwick of Guernsey) Order 2003

• Citation: S.I. 2003/3195
• Sections: 124

Section 1

(1) This Order may be cited as the Communications (Bailiwick of Guernsey) Order 2003.

(2) Articles 1 to 5 and Schedule 1 shall come into force on 29th December 2003 and shall be deemed to have come into force immediately following the Broadcasting (Guernsey) Order 2003 .

(3) Article 6 and Schedule 2 shall, subject to paragraph (5), come into effect as provided in paragraph (4).

(4) In respect of any provision of the 2003 Act that is extended to the Bailiwick of Guernsey (whether with or without modifications) by this Order and that is to any extent brought into force in the United Kingdom on a date specified in the Communications Act 2003 (Commencement No. 1) Order 2003 (“the No.1 Order”) or the Office of Communications Act 2002 (Commencement No.3) and Communications Act 2003 (Commencement No. 2) Order 2003 (“the No. 2 Order”) —

(a) any provision of the 2003 Act so extended, and any modification to that provision made by this Order, shall be of no effect in or in relation to the Bailiwick of Guernsey in relation to any time before the date specified in the No. 1 Order or (as the case may be) the No. 2 Order as the date on which that provision is to come into force in the United Kingdom;

(b) where any provision of the 2003 Act so extended is brought into force in the United Kingdom for certain purposes or to a certain extent, as specified in the No. 1 Order or (as the case may be) No. 2 Order, that provision, and any modification to that provision made by this Order, shall have effect in the Bailiwick of Guernsey only for the purposes or to the extent so specified;

(c) any provision of the 2003 Act so extended, and any such modification, shall have effect in the Bailiwick of Guernsey subject to any transitional or transitory provision made in the No. 1 Order or (as the case may be) No. 2 Order in relation to that provision.

(5) Paragraph (4) shall not apply until the day following the day on which each of the Orders therein referred to as the “No. 1 Order” and the “No. 2 Order” have been registered in the Royal Court of Guernsey.

Section 2

In this Order—

“the 2002 Act ” means the Office of Communications Act 2002;

“the 2003 Act” means the Communications Act 2003.

Section 3

Article 2(b) of the Wireless Telegraphy (Guernsey) Order 1998 (which inserted in section 3 of the Wireless Telegraphy Act 1998 as extended to the Bailiwick of Guernsey a new subsection (5A)) is revoked.

Section 4

The Secretary of State shall not—

(a) request OFCOM under subsection (2) of section 22 of the 2003 Act to do as respects the Bailiwick of Guernsey one or more of the things set out in subsection (1) of that section, or

(b) require OFCOM under subsection (2) of section 152 of the 2003 Act to do as respects the Bailiwick of Guernsey one or more of the things set out in that subsection,

unless he has first consulted the appropriate authorities in the Bailiwick of Guernsey.

Section 5

Sections 1, 6 and 7 of, and the Schedule to, the 2002 Act shall extend to the Bailiwick of Guernsey with the modifications set out in Schedule 1 to this Order.

Section 6

The following provisions of the 2003 Act shall extend to the Bailiwick of Guernsey with the modifications set out in Schedule 2 to this Order:

In Part 1 (Functions of OFCOM), sections 1 to 3, 5 to 9, 11 to 13, 22, 26, 28, 30 and 31;

In Part 2 (Networks, services and the radio spectrum)—

Chapter 1 (Electronic communications networks and services), sections 32 and 138 to 144 (for the purposes only of section 191(5) and (6));

Chapter 2 (Spectrum use), sections 152, 154 to 179, 183 and 184;

Chapter 3 (Disputes and appeals), sections 185 to 192, and 195 to 197;

In Part 3 (Television and radio services)—

Chapter 1 (The BBC , C4C, the Welsh Authority, and the Gaelic Media Service), section 198 to 202;

Chapter 2 (Regulatory structure for independent television services), sections 211, 212, and 214 to 230, 231 except subsections (1) and (2)(c), 232 to 244;

Chapter 3 (Regulatory structure for independent radio services), sections 245 to 253 and 256 to 262;

Chapter 4 (Regulatory Provisions), sections 263, 264, 271, 275 to 315, 319 to 332, 334 to 336, 338 and 344 to 347;

Chapter 5 (Media ownership and control), sections 348, 350 to 357;

Chapter 6 (Other provisions about Television and Radio Services), sections 358 to 362;

In Part 6 (Miscellaneous and supplemental)—

Sections 390 to 396, 400 and 402 to 406;

Sections 410 and 411;

Schedule 1, 5, 8 to 15 and 17 to 19.

Section 1

In section 1 (The Office of Communications), omit subsections (2) to (9).

Section 2

In section 6 (Interpretation), omit the definition of “enactment”.

Section 3

In section 7 (Short title, commencement and extent), omit subsections (2) to (4).

Section 4

In the Schedule, omit paragraphs 1 to 11 and 21 to 24.

Section 1

Any reference to a provision of an enactment of the United Kingdom Parliament shall be construed as a reference to that enactment as it has effect in the Bailiwick of Guernsey.

Section 2

The following provisions of the 2003 Act, that is—

sections 29(3), 139(5), 176(1)(a), 198(5), 224(1), 237(3)(a) and paragraphs 12(3) and (4)(a) of Schedule 10

shall have effect as if an order or regulations made under, respectively—

sections 29(4), 139(9), 176(3), 198(6), 224(2), 237(9) and paragraph 13 of Schedule 10

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 (Functions and general powers of OFCOM) omit subsections (4) to (7).

Section 4

After section 1, insert the following section—

Saving of Telecommunications Law

(1A) Nothing in this Act shall apply to any matter governed by the provisions of the Telecommunications (Bailiwick of Guernsey) Law 2001.

Section 5

In section 3 (General duties of OFCOM)—

(a) in subsections (2)(c) and 4(a) and (l), after the words “United Kingdom” wherever they occur, insert “and the Bailiwick of Guernsey”;

(b) in subsection (12)(c), after the words “United Kingdom” where they first occur, insert “and the Bailiwick of Guernsey” and omit the words “or in a part of the United Kingdom”; and

(c) omit subsections (2)(b), (4)(e) and (13).

Section 6

In section 5 (Directions in respect of networks and spectrum functions)—

(a) after the words “United Kingdom” wherever they occur insert “and the Bailiwick of Guernsey”; and

(b) omit subsections (4) to (7).

Section 7

In section 7 (Duty to carry out impact assessments), in subsection (2)(c), after the words “United Kingdom” where they first occur, insert “and the Bailiwick of Guernsey” and omit the words “or in a part of the United Kingdom”.

Section 8

In section 12 (Duty to establish and maintain Content Board), in subsection (5), insert at the end “and that there is a member of the Board capable of representing the interests of persons living in the Bailiwick of Guernsey”.

Section 9

In section 13 (Functions of the Content Board), in subsection (3)(b), after the words “United Kingdom” insert “and the Bailiwick of Guernsey”.

Section 10

In section 23 (Directions for international purposes in respect of broadcasting functions), in subsection (3), after the words “United Kingdom” insert “on behalf of the Bailiwick of Guernsey”.

Section 11

In section 24 (Provision of information to the Secretary of State), in subsection (2), after the words “United Kingdom” insert “on behalf of the Bailiwick of Guernsey”.

Section 12

In section 31 (Transitional functions and abolition of pre commencement regulators)—

(a) in subsection (4), omit paragraph (a);

(b) in subsection (5), omit the words “section 54 of the Telecommunications Act 1984 (c. 12) (which provides for the establishment of advisory bodies) shall cease to have effect”; and

(c) in subsection (6), omit the words “for the Director General of Telecommunications and”.

Section 13

In section 139 (Penalties for contravention of information requirements), omit subsections 9 and (10).

Section 14

In section 143 (Enforcement of directions under ss.140 and 141), in subsection (3), for the words “the statutory maximum” substitute “level 5 on the uniform scale”.

Section 15

In section 144 (Offences in connection with information requirements) in subsections (1)(a) and (4)(a), for the words “the statutory maximum” substitute “level 5 on the uniform scale”.

Section 16

In section 152 (General functions of OFCOM in relation to radio spectrum)—

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

(b) in subsections (3) to (5), after the words “United Kingdom” wherever they occur insert “and the Bailiwick of Guernsey”.

Section 17

In section 156 (Directions with respect to the radio spectrum), after subsection (5) add the following subsection—

(6) Before making an Order under this section which relates to the management of the radio spectrum in respect of the Bailiwick of Guernsey, the Secretary of State shall consult the appropriate authorities of the Bailiwick of Guernsey.

Section 18

In section 157 (Procedure for directions under s.150), omit subsections (4) to (7).

Section 19

In section 159 (Grant of recognised spectrum access), after the words “United Kingdom” wherever they occur insert “and the Bailiwick of Guernsey”.

Section 20

In section 169 (Variation and revocation of wireless telegraphy licences)—

(a) in subsection (1), for the words from “For” to “substituted”, substitute “After section 1D of the Wireless Telegraphy Act 1949 (c54) there shall be inserted the following section—”; and

(b) omit subsection (2).

Section 21

In section 171 (Information requirements in relation to wireless telegraphy licences), in the inserted section 13B(2) of the Wireless Telegraphy Act 1949, for the word “standard” substitute “uniform”.

Section 22

In section 174 (Procedure for prosecution of wireless telegraphy offences), omit subsection (7).

Section 23

In section 176 (Amount of penalty under s. 175), omit subsections (3) and (4).

Section 24

In section 178 (Proceedings for an offence relating to apparatus use)—

(a) in subsection (1), omit the subsections (2C) and (2D) inserted in section 11 of the Wireless Telegraphy Act 1949; and

(b) in subsection (2), omit the subsections (2C) and (2D) inserted in section 12 of that Act.

Section 25

In section 179 (Modifications of penalties for certain wireless telegraphy offences)—

(a) in subsection (2), in the inserted section 1(AA) of the Wireless Telegraphy Act 1949, for the word “standard” substitute “uniform”; and

(b) omit subsections (3) and (4).

Section 26

In section 184 (Modification of definition of “wireless telegraphy”) for paragraph (2) substitute the following—

(2) An order made by the Secretary of State under this section shall not have effect in the Bailiwick of Guernsey unless it is registered in the Royal Court of Guernsey, and where any such order is so registered, it shall have effect on the day following the day of such registration or on the day of coming into force specified in the order, whichever is the later.

Section 27

In section 185 (References of disputes to OFCOM), omit subsections (1), (2)(c), (7), and (8).

Section 28

In section 187 (Legal proceedings about referred disputes), in subsection (3) omit the words “or sisted” and “or sist”.

Section 29

In section 190 (Resolution of referred disputes), omit subsections (2), (4)(a) and (7)(a).

Section 30

In section 192 (Appeals against decisions by OFCOM, the Secretary of State, etc ), omit subsection (1)(b), (c) and (d)(ii) and (iii).

Section 31

In section 195 (Decisions of tribunal)—

(a) for the word “Tribunal”, wherever it occurs, substitute “Royal Court of Guernsey”;

(b) omit subsection (7); and

(c) for subsection (8) substitute the following subsection—

(8) Rules of court may be made for the purposes of appeals under section 192.

Section 32

In section 196 (Appeals from tribunal)—

(d) for the word “Tribunal”, wherever it occurs, substitute “Royal Court”;

(e) for subsection (2)(a) substitute—

(a) lies to the Guernsey Court of Appeal;

(f) in subsection (4), for the word “Court” substitute “Guernsey Court of Appeal”.

Section 33

In section 197 (Interpretation of Part 3)—

(a) in subsection (1), omit the definitions of “The Tribunal” and “Tribunal rules”; and

(b) omit subsection (3).

Section 34

In section 198 (Functions of OFCOM in relation to the BBC), omit subsections (6) and (7).

Section 35

In section 211 (Regulation of independent television services)—

(a) in subsection 1(a) omit the words “or the Welsh Authority”; and

(b) in subsections (2) and (3), after the words “United Kingdom” wherever they occur insert “and the Bailiwick of Guernsey”.

Section 36

In section 212 (Abolition of function of assigning television frequencies), omit paragraph (b).

Section 37

In section 214 (Digital channel 3 and channel 5 licences), after the words “United Kingdom” wherever they occur insert “or the Bailiwick of Guernsey”.

Section 38

In section 218 (Duty to secure the provision of a public teletext service)—

(a) omit “S4C” and “and S4C” wherever they occur; and

(b) in subsection (6) (b), after the words “United Kingdom” wherever they occur insert “or the Bailiwick of Guernsey”.

Section 39

In section 219 (Licensing of the public teletext service), in subsection (5), after the words “United Kingdom” insert “and to the Bailiwick of Guernsey”.

Section 40

In section 231 (Replacement Channel 4 licence), in subsection (9), after the words “United Kingdom” wherever they occur insert “and the Bailiwick of Guernsey”.