The Wireless Telegraphy (Guernsey) Order 2006

• Citation: S.I. 2006/3325
• Sections: 72

Section 1 Citation, commencement, interpretation

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

(2) In this Order—

(a) “ Guernsey ” means the Bailiwick of Guernsey; and

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

Section 2 Extension of the 2006 Act to Guernsey

The following provisions of the 2006 Act shall extend to Guernsey with the modifications set out in Schedule 1—

in Part 1 (general provision about radio spectrum), sections 1 and 3 to 7;

Part 2 (regulation of radio spectrum) other than section 51;

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

Part 4 (approval of apparatus etc. );

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

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

Schedules 1 to 3, 5 and 7 to 9.

Section 3 Extension of other instruments

(1) Subject to paragraph (2), subsections 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 Guernsey.

(2) No order made under subsection 43(4) or 116(3) shall have effect in Guernsey until the day following the day it is registered in the Royal Court of Guernsey, 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 instruments mentioned in Part 1 of Schedule 2 are modified as specified in that Part.

(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 Guernsey”;

(b) after subsection (2) insert—

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

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

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 Guernsey, the Secretary of State shall consult the appropriate authority of Guernsey.

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—

(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), for “standard” substitute “uniform”.

Section 7

In Section 18 (grant of recognised spectrum access)—

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

(b) in subsection (2), for “the United Kingdom”, in both places where these words occur, substitute “Guernsey”; and

(c) omit subsection (7).

Section 8

In section 33 (failure to provide information etc ) in subsections (3) and (5), for “standard” substitute “uniform”.

Section 9

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

(a) in subsection (2)(a), for “the statutory maximum” substitute “level 5 on the uniform scale”;

(b) omit subsection (3);

(c) in subsections (4) and (5), for “standard” substitute “uniform”; and

(d) omit subsection (6).

Section 10

In section 36 (keeping available for unauthorised use)—

(a) in subsection (2)(a), for “the statutory maximum” substitute “level 5 on the uniform scale”;

(b) omit subsection (3);

(c) in subsections (4) and (5), for “standard” substitute “uniform”; and

(d) omit subsection (6).

Section 11

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

(a) in subsection (2)(a), for “the statutory maximum” substitute “level 5 on the uniform scale”; and

(b) omit subsection (3).

Section 12

In section 38 (facilitating unauthorised broadcasting)—

(a) in subsection (6), for “the statutory maximum” substitute “level 5 on the uniform scale”; and

(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—

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

Section 16

In section 45 (regulations), omit subsections (9) and (10).

Section 17

In section 46 (offences) in subsections (2) and (3), for “standard” substitute “uniform”.

Section 18

In subsection 47 (misleading messages)—

(a) in subsection (4)(a), for “statutory maximum” substitute “level 5 on the uniform scale”; and

(b) omit subsection (5).

Section 19

In section 48 (interception and disclosure of messages)—

(a) in subsection (4), for “standard” substitute “uniform”;

(b) for subsection (5) substitute—

(5) ”Designated person” means—

(a) Her Majesty’s Procureur; or

(b) any person designated for the purposes of this section and section 49 by Her Majesty’s Procureur.

Section 20

In section 49 (interception authorities)—

(a) in subsection (2)(a), for “Act 2000 (c.23) ” substitute “(Bailiwick of Guernsey) Law 2003”;

(b) in subsection (2)(b) for “Act” substitute “Law”;

(c) in subsection (2)(c) for “Act” substitute “Law”;

(d) in subsection (2)(d) for “Part 2 of that Act” substitute “Part II of that Law”;

(e) in subsection 4(c) for “the United Kingdom” substitute “Guernsey”;

(f) for subsection (7) substitute—

(7) An interception authority must be in writing under the hand of Her Majesty’s Procureur.

(g) omit subsection (9);

(h) in subsection (10), for “Act 2000 (c.23) ” substitute “(Bailiwick of Guernsey) Law 2003”;

(i) in subsection (11), for “Act 2000” substitute “(Bailiwick of Guernsey) Law 2003”; and

(j) for subsection (12) substitute—

(12) In this section “crime” has the meaning given by section 67 of the Regulation of Investigatory Powers (Bailiwick of Guernsey) Law 2003.

Section 21

In section 50 (apparatus on foreign-registered ships etc)—

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

(b) in subsection 6(a), for “the United Kingdom” substitute “Guernsey”; and

(c) in subsection (6)(b) for “any of the Channel Islands” substitute “Jersey”;

Section 22

In section 53 (surrender of authority) in subsection (3), for “standard” substitute “uniform”.

Section 23

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

Section 24

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

Section 25

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

(a) in subsections (2) and (5), for “standard” substitute “uniform”; and

(b) omit subsection (3).

Section 26

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

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

(b) in subsection (1)(c) and subsections (2) to (4) and (6), for “justice” 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 27

In section 60 (obstruction and failure to assist) in subsection (2), for “standard” substitute “uniform”.

Section 28

In section 68 (deliberate interference)—

(a) in subsection (3), for “the statutory maximum” substitute “level 5 on the uniform scale”; and

(b) omit subsection (4).

Section 29

In section 69 (approval of apparatus) in subsection (2), omit paragraphs (d) and (e).

Section 30

In section 72 (information etc on or with apparatus), omit subsections (5) and (6).

Section 31

In section 73 (information etc in advertisements), omit subsections (4) and (5).

Section 32

In section 74 (offences)—

(a) in subsection (4), for “standard” substitute “uniform”; and

(b) omit subsection (5).

Section 33

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

Section 34

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

Section 35

In section 79 (broadcasting from prescribed areas of high seas), for “the United Kingdom” wherever these words occur, substitute “Guernsey”.

Section 36

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

Section 37

In section 86 (facilitation offences: territorial scope) in subsections (2) and (3), for “the United Kingdom” substitute “Guernsey”.

Section 38

In section 87 (procuring person to commit offence abroad), for “the United Kingdom” wherever these words occur, substitute “Guernsey”.

Section 39

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

(d) officers of Guernsey Customs and Excise; and

(e) sea fisheries officers of the States of Guernsey.

Section 40

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

Section 41

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

Section 42

In section 93 (penalties and proceedings)—

(a) in subsection (1)(a), for “the statutory maximum” substitute “level 5 on the uniform scale”;

(b) omit subsection (2); and

(c) for subsection (3), substitute—

(3) Proceedings in Guernsey for an offence under this Part may be brought only by Her Majesty’s Procureur.

Section 43

In section 95 (Part 5:interpretation) in subsection (1)—

(a) in the definition of “external waters”, for “the United Kingdom” substitute “Guernsey” and for “UK” substitute “Guernsey’s”;

(b) in the definition of “the high seas”, for “UK” substitute “Guernsey’s” and for “the United Kingdom” substitute “Guernsey”.

Section 44

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

(d) omit subsections (4), (5) and (9).

Section 45

In section 98 (obstruction and failure to assist) in subsection (2), for “standard” substitute “uniform”.

Section 46

In section 99 (powers of seizure)—

(a) in subsection (2), for “person authorised by OFCOM” substitute “police officer”;

(b) in subsection (3), for “constable or a person authorised by OFCOM to exercise the power conferred by this subsection” substitute “police officer”;

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

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