The Communications (Jersey) Order 2003

• Citation: S.I. 2003/3197
• Sections: 121

Section 1

(1) This Order may be cited as the Communications (Jersey) Order 2003.

(2) Articles 1 to 5 and 7 and Schedule 1 shall come into force on 29th December 2003 and shall be deemed to have come into force immediately following the Broadcasting (Jersey) 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 Jersey (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 Jersey 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 Jersey 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 Jersey 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 Jersey.

Section 2

In this Order—

“the 1949 Act ” means the Wireless Telegraphy Act 1949;

“the 1990 Act ” means the Broadcasting Act 1990;

“the 1996 Act ” means the Broadcasting Act 1996;

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

“the 2003 Act” means the Communications Act 2003; and

“Jersey” means the Bailiwick of Jersey.

Section 3

Article 2(b) of the Wireless Telegraphy (Jersey) Order 1998 (which inserted in section 3 of the Wireless Telegraphy Act 1998 as extended to Jersey 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 Jersey 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 Jersey one or more of the things set out in that subsection,

unless he has first consulted the appropriate authorities in Jersey.

Section 5

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

Section 6

The following provisions of the 2003 Act shall extend to Jersey 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, 21 to 26 and 28 to 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 sections 191(5) and (6);

Chapter 2 (Spectrum use): sections 152, 154 to 167, 169 to 179, and 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): sections 198 to 202;

Chapter 2 (Regulatory structure for independent television services): sections 211 and 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 and 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, 410 and 411.

Schedules 1, 2, 5, 8 to 15 and 17 to 19.

Section 7

For the purposes of construing the provisions of the 2002 and 2003 Acts, as extended by this Order as part of the law of Jersey, any reference to an enactment which extends to Jersey shall, except where a contrary intention appears, be construed as a reference to that enactment as it has effect in Jersey.

Section 1

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

Section 2

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

Section 3

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

Section 1

The following provisions of the 2003 Act, that is—

section 29(3)

section 139(5)

section 176(1)

section 198(5)

section 224(1)

section 237(3)

sections 247 and 248

section 277(1)

section 319(4)

section 348(5)

Schedule 10, paragraphs 12(3)(a) and (4)(a)

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

section 29(4)

section 139(9)

section 176(3)

section 198(6)

section 224(2)

section 237(9)

section 249(1)

section 277(3)

section 323(3)

section 348(7)

Schedule 10, paragraph 13(1)

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

Section 2

In section 1 (Functions and general powers of OFCOM), omit subsections (4) to (7).

Section 3

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 (Jersey) Law 2002.

Section 4

In section 3 (General duties of OFCOM)—

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

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

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

Section 5

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 Jersey”; and

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

Section 6

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

Section 7

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 persons living in the Bailiwick of Jersey”.

Section 8

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

Section 9

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 Jersey”.

Section 10

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 Jersey”.

Section 11

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

(a) omit subsections (4)(a) and (5); and

(b) in subsection (6) omit the words “for the Director General of Telecommunications and” and for the words “subsections (4)(b) and (5)” substitute “subsection (4)(b)”.

Section 12

In section 139 (Penalties for contravention of information requirements), omit subsection (10).

Section 13

In section 143 (Enforcement of directions under sections 140 and 141), in subsection (3)(a) for the words from “liable” to the end, substitute “liable to a fine”.

Section 14

In section 144 (Offences in connection with information requirements)—

(a) in subsection (1), for the words from “liable” to the end, substitute “liable to a fine”; and

(b) in subsection (4) for the words from “liable” to the end, substitute “liable to a fine or to imprisonment for two years, or to both”.

Section 15

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 Jersey”; and

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

Section 16

In section 156 (Directions with respect to the radio spectrum), after subsection (5), insert 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 Jersey, the Secretary of State shall consult the appropriate authorities of the Bailiwick of Jersey.

Section 17

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

Section 18

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

Section 19

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 (c. 54) there shall be inserted the following section -”; and

(b) omit subsection (2).

Section 20

In section 171 (Information requirements in relation to wireless telegraphy licences), in the inserted section 13B(2) of the 1949 Act inserted by this section, omit the words “(Summary offences carrying a maximum fine of level 3 on the standard scale)”.

Section 21

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

Section 22

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

Section 23

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

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

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

Section 24

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

(a) in subsection (2), in the inserted subsection (1AA) of the 1949 Act, omit the words “on summary conviction” and for “5”substitute “3”; and

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

Section 25

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

(2) An order made by the Secretary of State under this section shall not have effect in the Bailiwick of Jersey unless it is registered in the Royal Court of Jersey 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 26

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

Section 27

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

Section 28

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

Section 29

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

Section 30

In section 195 (Decisions of tribunal)—

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

(b) omit subsection (7); and

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

(8) The power of the Superior Number of the Royal Court to make Rules of Court under Article 11 of the Royal Court (Jersey) Law 1948, as amended, shall include power to make Rules for the purposes of appeals under section 192.

Section 31

In section 196 (Appeals from tribunal)—

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

(b) for subsection (2)(a) substitute—

(a) lies to the Jersey Court of Appeal;

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

Section 32

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 33

In section 202 (Borrowing limit for C4C), omit subsection (b).

Section 34

In section 211 (Regulation of independent television services)—

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

(b) omit subsection (2)(b) and (c); and

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

Section 35

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

Section 36

In section 214(8) (Digital Channel 3 and Channel 5 licences), after the words “United Kingdom”, wherever they occur, insert “or the Bailiwick of Jersey”.

Section 37

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 Jersey”.

Section 38

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

Section 39

In section 230 (Orders suspending rights of renewal), omit subsection (9).

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 Jersey”.