The Wireless Telegraphy (Jersey) Order 2006

• Citation: S.I. 2006/3324
• Sections: 70

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Wireless Telegraphy (Jersey) Order 2006 and shall come into force on 8th February 2007.

(2) In this order—

(a) “Jersey” means the Bailiwick of Jersey;

(b) “ the Act ” means the Wireless Telegraphy Act 2006.

(3) For the purposes of construing the provisions of the Act 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 2 Extension of the Wireless Telegraphy Act 2006 to Jersey

The following provisions of the Act shall extend to Jersey with the modifications set out in Schedule 1 to this Order:—

in Part 1 (general provisions about radio spectrum) – section 1 and sections 3 to 7;

in Part 2 (regulation of radio spectrum) – the whole part other than sections 30 and 51;

in Part 3 (regulation of apparatus) – sections 54 to 61 and 68;

Part 5 (prohibition of broadcasting from sea or air) – the whole Part;

in Part 6 (general) – sections 97 to 103, sections 105 to 108, 110 to 119 and 121, 122, 124, 125 and 126;

Schedules 1 to 3, 5 and 7 to 9.

Section 3 Extension of other instruments

(1) Subject to paragraph (2), sections 43(1) to (3) and 116(1) and (2) of the Act shall have effect as if an order made by the Secretary of State under subsections 43(4) and 116(3), respectively, and which is for the time being in force in the United Kingdom, had extended to Jersey.

(2) No order under sections 43(4) or 116(3) shall have effect in Jersey until the day following the day it is registered in the Royal Court of Jersey, or on the day specified in the instrument for its coming into force, whichever is the later.

Section 4 Modification and revocation of other instruments

(1) The Communications (Jersey) Order 2003 is modified as specified in Part 1 of Schedule 2.

(2) The instruments mentioned in Part 2 of Schedule 2 are revoked to the extent specified in that Part.

Section 1

In section 1 (general functions)—

(a) in subsection (2), after “United Kingdom” insert “on behalf of Jersey”;

(b) after subsection (2), insert—

(2A) Before requiring OFCOM to do or undertake anything under subsection (2) in respect of Jersey, the Secretary of State shall consult with the Minister.

(c) in subsections (3) to (5), after “United Kingdom”, wherever these words occur, insert “and Jersey”.

Section 2

In section 5 (directions of the Secretary of State), after subsection (5) insert—

(6) Before making an order under this section which relates to the management of the radio spectrum in respect of Jersey, the Secretary of State shall consult the Minister.

Section 3

In section 6 (procedure for directions), omit subsections (4) to (7).

Section 4

In section 8 (licences and exemptions)—

(a) in subsection (2)—

(i) in paragraph (b), for “purpose.” substitute “purpose; or”; and

(ii) after paragraph (b) insert—

(c) the installation or use of any television receiver by a person who is a dealer in such receivers where the installation or use is solely for the purpose of doing any one or more of the following in the course of his business as such a dealer, namely, demonstrating, testing or repairing such receivers;

(b) after subsection (5) insert the following—

(6) The functions of OFCOM under this section, insofar as they relate to programme making, as defined in the Contracting Out (Functions Relating to Wireless Telegraphy) Order 1996 , may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf in the United Kingdom by OFCOM under that Order.

Section 5

In section 9 (terms, provisions and limitations), omit subsection (6).

Section 6

In section 11 (surrender of licence) in subsection (4)—

(a) omit “on summary conviction”; and

(b) for “level 3” substitute “level 2”.

Section 7

In section 18 (grant of recognised spectrum access)—

(a) in subsection (1)(c), for “at places in the United Kingdom or in the UK territorial sea” substitute “at places in Jersey or in Jersey’s territorial sea”;

(b) in subsection (2), for “the United Kingdom” in each place where these words occur substitute “Jersey”; and

(c) omit subsection (7).

Section 8

In section 33 (failure to provide information etc. )—

(a) in subsection (3), for “level 3” substitute “level 2”; and

(b) in subsection (5), for “level 5” substitute “level 4”.

Section 9

In section 35 (unauthorised use of wireless telegraphy station)—

(a) in subsection (2), for the words from “liable” to the end substitute “liable to imprisonment for a term not exceeding two years or to a fine or to both.”;

(b) omit subsection (3);

(c) in subsection (4), for the words from “on summary conviction” to the end substitute “to a fine not exceeding level 2 on the standard scale.”;

(d) in subsection (5), for the words “on summary conviction” to the end substitute “to imprisonment for a term not exceeding one year or to a fine not exceeding level 3 on the standard scale, or to both.”; and

(e) omit subsection (6).

Section 10

In section 36 (keeping available for unauthorised use)—

(a) in subsection (2), for the words from “liable” to the end substitute “liable to imprisonment for a term not exceeding two years or to a fine, or to both.”;

(b) omit subsection (3);

(c) in subsection (4), for the words from “on summary conviction” to the end substitute “to a fine not exceeding level 2 on the standard scale.”;

(d) in subsection (5), for the words from “on summary conviction” to the end substitute “to imprisonment for a term not exceeding one year or to a fine not exceeding level 4 on the standard scale, or to both.”; and

(e) omit subsection (6).

Section 11

In section 37 (allowing premises to be used for unlawful broadcasting)—

(a) in subsection (2), for the words from “liable” to the end substitute “liable to imprisonment for a term not exceeding two years or to a fine, or to both.”; and

(b) omit subsection (3).

Section 12

In section 38 (facilitating unauthorised broadcasting)—

(a) in subsection (6), for the words from “liable” to the end substitute “liable to imprisonment for a term not exceeding two years or to a fine, or to both.”;

(b) omit subsection (7).

Section 13

In section 41 (procedure for prosecutions), omit subsections (7) and (8).

Section 14

In section 43 (amount of penalty under section 42), omit subsections (4) and (5).

Section 15

In section 44 (relevant amount of gross revenue), for subsection (9)(b) substitute the following—

(b) send a copy of the statement and every such revision to the Treasurer of the States of Jersey.

Section 16

In section 46 (offences)—

(a) in subsection (2) for the words from “liable” to the end, substitute “liable to a fine not exceeding level 2 on the standard scale.”; and

(b) in subsection (3), for the words from “liable” to the end substitute “liable to a fine not exceeding level 4 on the standard scale”.

Section 17

In section 47 (misleading messages)—

(a) in subsection (4), for the words from “liable” to the end, substitute “liable to imprisonment for a term not exceeding two years or to a fine, or to both.”; and

(b) omit subsection (5).

Section 18

In section 48 (interception and disclosure of messages)—

(a) in subsection (4), for the words from “liable” to the end substitute “liable to a fine not exceeding level 4 on the standard scale.”; and

(b) for subsection (5) substitute—

(5) ”Designated person” means—

(a) the Attorney General of Jersey;

(b) any person designated for the purposes of this section and section 49 by the Attorney General of Jersey.

Section 19

In section 49 (interception authorities)—

(a) for subsection (2) substitute the following—

(2) Conduct falls within this subsection if it is—

(a) conduct that, if engaged in without lawful authority, constitutes an offence under Article 5(1) or (2) of the Regulation of Investigatory Powers (Jersey) Law 2005;

(b) conduct that, if engaged in without lawful authority, is actionable under Article 6 of that Law;

(c) conduct that is capable of being authorised by an authorisation or notice granted under Chapter 2 of Part 2 of that Law (Communications data); or

(d) conduct that is capable of being authorised by an authorisation granted under Part 3 of that Law (surveillance etc.).

(b) in subsection (4), for “the United Kingdom” substitute “Jersey”;

(c) for subsection (7) substitute the following —

(7) An interception authority must be in writing under the hand of the Attorney General of Jersey.

(d) omit subsection (9);

(e) in subsection (10)—

(i) for “Part 1” substitute “Part 2”;

(ii) for “Act 2000 (c.23) ” substitute “(Jersey) Law 2005”;

(iii) for “Part 2” substitute “Part 3”; and

(iv) for “Act” substitute “Law”.

(f) in subsection (11), for “Part 1 or 2” substitute “Part 2 or 3” and for “Act 2000” substitute “(Jersey) Law 2005”; and

(g) for subsection (12) substitute the following —

(12) In this section “crime” has the meaning given by Article 1(1) of the Regulation of Investigatory Powers (Jersey) Law 2005.

Section 20

In section 50 (apparatus on foreign registered ships)—

(a) in subsection (1), for “the United Kingdom and UK territorial sea” substitute “Jersey and Jersey’s territorial sea”;

(b) for subsection (3), substitute the following —

(3) Any Regulations made under subsection (2) above, which specify a penalty for an offence against those Regulations by reference to a level on the standard scale, shall have effect in relation to Jersey as if for each such reference there were substituted a reference to the next lower level in the standard scale as defined in section 115.

(c) in subsection (6)—

(i) in paragraph (a), for “the United Kingdom” substitute “Jersey”; and

(ii) in paragraph (b), for “any of the Channel Islands” substitute “the Bailiwick of Guernsey”.

Section 21

In section 53 (surrender of authority) in subsection (3)—

(a) omit “on summary conviction”; and

(b) for “level 3” substitute “level 2”.

Section 22

In section 54 (regulations about use and sale of apparatus) omit subsection (8).

Section 23

In section 57 (appeal against notice under section 55 or 56 etc.) omit subsections (4) and (5).

Section 24

In section 58 (contravening notice under section 55 or 56)—

(a) in subsection (2)—

(i) omit “on summary conviction”;

(ii) in paragraph (a), for “level 5” substitute “level 4”; and

(iii) in paragraph (b), for “level 3” substitute “level 2”;

(b) omit subsection (3); and

(c) in subsection (5)—

(i) omit “on summary conviction”;

(ii) in paragraph (a), for “level 5” substitute “level 4”; and

(iii) in paragraph (b), for “level 3” substitute “level 2”.

Section 25

In section 59 (entry and search of premises etc.)—

(a) in subsection (1), for “A justice of the peace” substitute “The Bailiff”;

(b) in subsections (1)(c), (2), (3), (4) and (6), for the word “justice” in each place where it occurs substitute “Bailiff”;

(c) in subsection (5), for “with or without constables” substitute “accompanied by a police officer”;

(d) in subsection (7), after “A” insert “police officer accompanying a”;

(e) in subsection (8) omit “by the person”; and

(f) omit subsection (10).

Section 26

In section 60 (obstruction and failure to assist) in subsection (2)—

(a) omit “on summary conviction”; and

(b) for “level 5” substitute “level 4”.

Section 27

In section 68 (deliberate interference)—

(a) in subsection (3), for all the words from “liable” to the end substitute “liable to imprisonment for a term not exceeding two years or to a fine, or to both”; and

(b) omit subsection (4).

Section 28

In section 77 (broadcasting from ships and aircraft) in subsection (1), for “the United Kingdom” substitute “Jersey”.

Section 29

In section 78 (broadcasting from marine structures) in subsection (1), for “the United Kingdom” substitute “Jersey”.

Section 30

In section 79 (broadcasting from prescribed areas of high seas), for “the United Kingdom” in each place where it occurs substitute “Jersey”.

Section 31

In section 80 (acts connected with broadcasting) in subsection (1), for “British person” substitute “Island person”.

Section 32

In section 81 (management of station) in subsection (1), for the “United Kingdom” substitute “Jersey”.

Section 33

In section 86 (facilitation offences: territorial scope)—

(a) in subsections (2) and (3), for “the United Kingdom” in each place where it occurs substitute “Jersey”; and

(b) in subsection (6), for “a British person” substitute “an Island person”.

Section 34

In section 87 (procuring person to commit offence abroad), for “the United Kingdom” in each place where it occurs , substitute “Jersey”.

Section 35

In section 88 (enforcement officers), for paragraphs (d) and (e) in subsection (1) substitute the following—

(d) customs officers; and

(e) fisheries officers.

Section 36

In section 89 (enforcement powers) in subsection (2)(a)(i), for “United Kingdom” substitute “Jersey”.

Section 37

In section 91 (exercise of powers) in subsection (1), for “the United Kingdom” substitute “Jersey”.

Section 38

For section 93 (penalties and proceedings) substitute the following —

Penalties and Proceedings

(93)

(1) A person who commits an offence under this Part is liable to imprisonment for a term not exceeding two years or to a fine, or to both.

(2) Proceedings for an offence under this Part may only be instituted by or with the consent of the Attorney General of Jersey.

Section 39

In section 95 (Part 5: interpretation)—

(a) in subsection (1)—

(i) in the definition of “external waters” for “the United Kingdom” substitute “Jersey” and for “UK” substitute “Jersey’s”;

(ii) in the definition of “high seas” for “UK” substitute “Jersey’s” and for “the United Kingdom” substitute “Jersey”; and

(b) for subsection (2) substitute the following —

(2) For the purposes of this Part references to an “Island person” are references to—

(a) a British citizen, a British overseas territories citizen, a British National (overseas) or a British Overseas citizen;

(b) a person who, under the British Nationality Act 1981 (c.61) is a British subject; or

(c) a British protected person within the meaning given by section 50(1) of that Act,

who is ordinarily resident in Jersey.

Section 40

In section 97 (powers of entry and search)—

(a) in subsection (1), for “A justice of the peace” substitute “The Bailiff”;

(b) in subsection (2), for “constable or” substitute “police officer, who may be accompanied by”;

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

(d) in subsection (6), for “A person authorised by OFCOM or the Secretary of State to exercise a power conferred by this section” substitute “A police officer”; and

(e) omit subsection (9).

Section 41

In section 98 (obstruction and failure to assist) in subsection (2)—

(a) omit the words “on summary conviction”; and

(b) for the words “level 5” substitute “level 4”.

Section 42

In section 99 (powers of seizure)—

(a) for subsection (1)(a) substitute the following—

(a) any offence under this Act punishable by imprisonment, other than an offence under section 111;

(b) in subsection (2), for “person authorised by OFCOM to exercise the powers conferred by this subsection” substitute “police officer”;

(c) in subsection (3), for “constable” substitute “police officer”;

(d) in subsection (4), for “person authorised by OFCOM to exercise a power conferred by this section” substitute “police officer”; and

(e) in subsection (6), for “constable” substitute “police officer”.

Section 43

In section 100 (obstruction) in subsection (2)—

(a) omit “on summary conviction”; and

(b) for “level 5” substitute “level 4”.

Section 44

In section 101 (detention and disposal of property) in subsection (1) omit “ by a person authorised by OFCOM”.

Section 45

In section 107 (proceedings and enforcement)—

(a) in subsection (1)—

(i) for “UK” substitute “Jersey’s”; and

(ii) for “the United Kingdom” substitute “Jersey”.

(b) for subsection (2) substitute the following—

(2) For the purposes of enforcement of any provision falling within subsection (3), a member of the Honorary Police of a parish has in any area of the sea within the seaward limits of Jersey’s territorial sea all the powers protections and privileges which he has in that parish.

(c) omit subsection (4).

Section 46

In section 108 (civil proceedings)—

(a) in subsection (2), for “the Crown” substitute “the Attorney General of Jersey”; and

(b) omit subsection (3).