The Communications (Isle of Man) Order 2003

• Citation: S.I. 2003/3198
• Sections: 83

Section 1

(1) This Order may be cited as the Communications (Isle of Man) 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 (Isle of Man) Order 2003 .

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

(4) In respect of any provision of the 2003 Act that is extended to the Isle of Man (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 Isle of Man 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 Isle of Man 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 Isle of Man 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.

Section 2

In this Order—

“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.

Section 3

Section 3(5A) of the Wireless Telegraphy Act 1998, as extended to the Isle of Man by the Wireless Telegraphy (Isle of Man) Order 1998 , is hereby repealed and article 2(c) of that Order is hereby revoked.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 Isle of Man 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 Isle of Man one or more of the things set out in that subsection,

unless he has first consulted the appropriate authorities in the Isle of Man.

Section 5

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

Section 6

(1) The following provisions of the 2003 Act shall extend to the Isle of Man with the modifications set out in Schedule 2 to this Order:

Sections 1 to 3

Sections 5 to 9

Sections 12 to 15

Section 22

Sections 24 to 26

Section 28

Sections 30 and 31

Section 32

Sections 138 to 144 (for the purposes only of section 191(5) and (6))

Sections 152 to 167, 169 to 179, 183 and 184

Sections 185 to 192

Sections 195 to 202

Sections 211 and 212

Sections 214 to 230

Section 231 except subsections (1) and (2)(c)

Sections 241 to 243

Sections 245 and 246

Sections 253

Sections 256 to 261

Sections 263 and 264

Section 271

Sections 275 to 308

Sections 310 to 312

Section 315

Sections 319 to 332

Sections 334

Sections 344 to 348

Sections 350 to 354

Sections 357 and 358

Sections 360 to 366

Section 368

Sections 392 to 394

Section 398

Section 400

Sections 402 to 406

Sections 410 and 411

Schedules 1, 2, 5, 8 to 10, 13 to 15 and 17 to 19.

(2) For the purpose of construing those provisions as so extended as part of the law of the Isle of Man, any reference to an enactment which extends to the Isle of Man shall, except where a contrary intention appears, be construed as a reference to that enactment as it has effect in the Isle of Man.

Section 1

In section 1, omit subsections (2) to (9).

Section 2

In section 7, omit subsections (2) to (4).

Section 3

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

Section 1

In section 1 (functions and general powers of OFCOM)—

(a) in subsection (5)(c), omit the word “or” and after the words “Northern Ireland” insert “or the Isle of Man”; and

(b) omit subsection (6).

Section 2

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 Act 1984 (An Act of Tynwald).

Section 3

In section 3 (general duties of OFCOM)—

(a) omit subsection (2)(b);

(b) in subsection (2)(c), after the words “United Kingdom”, insert “and the Isle of Man”;

(c) omit subsection (4)(e);

(d) in subsection (4)(l), after the words “United Kingdom” insert “and the Isle of Man” wherever they occur; and

(e) in subsection (14), in the definition of “citizens”, after the words “United Kingdom” insert “and the Isle of Man”.

Section 4

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

(a) in subsection (3)(b), after the words “United Kingdom”, insert “and the Isle of Man”;

(b) in subsection (6)(b), after the words “United Kingdom”, insert “and the Isle of Man”; and

(c) omit subsection (7).

Section 5

In section 7 (duty to carry out impact assessments), in subsection (2)(c), after the words “or in a part of the United Kingdom”, insert “or in the Isle of Man”.

Section 6

In section 13 (functions of the Content Board)—

(a) in subsection (3)(b), at the end, add the words “and the Isle of Man”; and

(b) in subsection (4), after the words “United Kingdom”, insert “and the Isle of Man”.

Section 7

In section 14, omit subsections (1) to (3) and (6)(a).

Section 8

In section 15(2)(a), omit the words “(3) or”.

Section 9

In section 31 (transitional functions and abilities 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 “and (5)”.

Section 10

In section 152, in subsections (3), (4) and (5), after the words “United Kingdom” wherever they occur, insert “and the Isle of Man”.

Section 11

In section 153(2), after the words “United Kingdom”, insert “and the Isle of Man”.

Section 12

In section 156 (directions with respect to the radio spectrum), after subsection (5) insert—

(6) Before making an order under this section which relates to the management of radio spectrum in the Isle of Man, the Secretary of State shall consult the appropriate authorities in the Isle of Man.

Section 13

In section 157 (procedure for directions under s.156), omit subsections (4) to (7).

Section 14

In section 159 (grant of recognised spectrum access), after the words “United Kingdom” wherever they occur, insert “or the Isle of Man”.

Section 15

In section 169—

(a) for subsection (1) substitute—

(1) In the Wireless Telegraphy Act 1949 (c. 54) , after section 1 (licensing of wireless telegraphy) insert—

(b) before the substituted section 1E of the Wireless telegraphy Act 1949 insert—

Procedures for the grant of licences providing a telecommunications service

(1D)

(1) An application for the grant of a wireless telegraphy licence shall be determined in accordance with procedures prescribed in regulations made by OFCOM.

(2) The procedures must include provision for time-limits for dealing with the grant of licences, requirements which must be met for the grant of a licence, and particulars of the terms, provisions and limitations to which licences which may be issued are to be subject.

(3) The time limits fixed for the purposes of subsection (2) in relation to any application made after the coming into force of this subsection must require a decision on the application to be made, notified to the applicant and published—

(a) in the case of an application for a licence relating to a frequency allocated in accordance with the United Kingdom Plan for Frequency Authorisation, not more than six weeks after the day of the receipt of the application; and

(b) in any other case, as soon as possible after the receipt of the application.

(4) The period of six weeks specified in subsection (3)(a) may be extended by OFCOM where it appears to them necessary to do so—

(a) for the purpose of enabling the requirements of any international agreement relating to frequencies or to orbital positions or to satellite Co-ordination to be complied with; or

(b) in a case where a determination falls to be made as to which of a number of applicants is the more or most suitable to be licensed, for the purpose of securing that the procedure for the making of that determination is fair, reasonable, open and transparent.

(5) That period shall not be extended by virtue of subsection (4)(b) by more than eight months.

(6) Where the person applying for a licence fails to provide any information which OFCOM reasonably require in order to satisfy themselves that the applicant is able to comply with the terms, provisions and limitations in the licence OFCOM may refuse to grant the licence.

(7) Where OFCOM propose to refuse a licence they shall give to the person applying for the licence the reasons for the proposed refusal and shall specify a period of not less than one month within which representations with respect to the proposed refusal may be made.

(8) In imposing terms, provisions or limitations of a wireless telegraphy licence, OFCOM shall impose only those that they are satisfied are—

(a) objectively justifiable in relation to the networks and services to which they relate;

(b) not such as to discriminate unduly against particular persons or against a particular description of persons;

(c) proportionate to what they are intended to achieve; and

(d) in relation to what they are intended to achieve.

(c) omit subsection (2).

Section 16

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

Section 17

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

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

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

Section 18

In section 179 (modification of penalties for certain wireless telegraphy offences), omit subsection (3).

Section 19

In section 185, omit subsections (1), (2)(c), (7) and (8).

Section 20

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

Section 21

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

Section 22

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

Section 23

In section 195 (decisions of tribunal)—

(a) for the word “Tribunal”, wherever it occurs, substitute the “Isle of Man High Court of Justice”;

(b) omit subsection (7); and

(c) for subsection (8) substitute—

(8) The power of the Isle of Man High Court of Justice to make rules under section 25 of the High Court Act 1991 (An Act of Tynwald) shall include power to make rules for the purposes of appeals under section 192.

Section 24

In section 196 (appeals from tribunals)—

(a) for the word “Tribunal” wherever it occurs, substitute “Isle of Man High Court of Justice”;

(b) for subsection (2)(a) substitute—

(a) lies to the Isle of Man Staff of Government Division;

(c) in subsection (4), for the word “Court” substitute “Isle of Man Staff of Government Division”.

Section 25

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 26

In section 211—

(a) in subsection 2(a), after the words “United Kingdom, insert “or the Isle of Man”;

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

(c) in subsection (2)(e), after the words “United Kingdom” insert “or the Isle of Man”;

(d) in subsection (3)(a), after the words “United Kingdom” insert “or the Isle of Man”; and

(e) omit subsection (3)(b).

Section 27

In section 214(8)(a), (b) and (c), after the words “United Kingdom” insert “or the Isle of Man”.

Section 28

In section 218(6)(b), after the words “United Kingdom” in both places where they occur insert “or the Isle of Man”.

Section 29

In section 219(5), after the words “United Kingdom” insert “and the Isle of Man”.

Section 30

In section 229(2), after the words “United Kingdom” insert “and the Isle of Man”.

Section 31

In section 231(9)(a), (b) and (c), after the words “United Kingdom” wherever they occur insert “or the Isle of Man”.

Section 32

In section 245 (regulation 1) independent radio services)—

(a) in subsection (1)(a), after the words “United Kingdom” insert “or the Isle of Man”;

(b) omit subsection (1)(b);

(c) in subsection (2), omit paragraphs (b) to (f);

(d) in subsection (3), omit “local service or restricted service”;

(e) in subsection (4), omit paragraphs (b) and (c);

(f) omit subsections (5) and (7).

Section 33

In section 253—

(a) in subsection (1), omit the words “or pre-transfer local licence”;

(b) in subsection (13), omit the definition of “pre-transfer local licence”.

Section 34

In section 264 (OFCOM reports on the fulfilment of the public service remit)—

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

(b) in subsection (11), omit paragraph (b); and

(c) in subsection (12), omit paragraph (b).

Section 35

In section 271 (power to amend public service remits)—

(a) in subsection (1)(b), after the words “United Kingdom” insert “and the Isle of Man”; and

(b) in subsection (4)(a), after the words “United Kingdom” add “and the Isle of Man”.

Section 36

In section 280, in subsections (1) and (8)(b), after the words “United Kingdom” add “and the Isle of Man”.

Section 37

In section 286 (regional programme-making for Channels 3 and 5)—

(a) in subsection (1)(a), after the words “United Kingdom” where they first occur, insert “or the Isle of Man”;

(b) in subsection (3)(a), after the words “United Kingdom” where they first occur, insert “or the Isle of Man”; and

(c) in subsection (7), in the definition of “regional programme”, after the words “United Kingdom”, add “or the Isle of Man”.

Section 38

In section 287 (regional programmes on Channel 3)—

(a) in subsection (4)(a), after the words “United Kingdom” insert “or the Isle of Man”; and

(b) in subsection (8)(b) in the definition of “regional programme”, after “United Kingdom” add “or the Isle of Man”.

Section 39

In section 288 (regional programme-making for Channel 4), in subsection (1)(a), after the words “United Kingdom” where they first occur, insert “or the Isle of Man”.

Section 40

In section 289 (regional matters in the public teletext service), in subsection (1), after the words “United Kingdom” add “or the Isle of Man”.

Section 41

In section 290 (proposals for arrangements), in subsection (4)(c), after the words “United Kingdom” add “and the Isle of Man”.