The Broadcasting and Communications (Jersey) Order 2004

Article 4

SCHEDULE 1MODIFICATIONS WITH WHICH PROVISIONS OF THE COMMUNICATIONS ACT 2003 EXTEND TO JERSEY

1.  In section 363 (Licence required for use of TV receiver)—

(a)in subsection (4) omit the words “, on summary conviction,” and for “level 3” substitute “level 2”(1); and

(b)after subsection (7), insert the following—

“(8) Regulations made by the Secretary of State in the United Kingdom under section 363(6) shall not have effect in the Bailiwick of Jersey until they have been registered in the Royal Court, and where such Regulations have been so registered, they shall have effect on the day following the day of such registration or on the day of coming into force specified in the Regulations, whichever is the later.”.

2.  In section 364 (TV licences), in subsection (9)(b) for the words “section 7 of the Interpretation Act 1978(2) (service by post)”, substitute “Article 12 of the Interpretation (Jersey) Law 1954”.

3.  In section 365 (TV licence fees)—

(a)after subsection (4)(b), insert the following

“(c)where the regulations relate to the fees payable in respect of a TV licence authorising the installation and use of one or more television receivers in accommodation for residential care, for that accommodation to include accommodation provided or managed by a body approved by the Health and Social Services Committee of the States of Jersey for the purposes of the regulations.”;

(b)omit subsection (6); and

(c)after subsection (8), insert the following—

“(9) Regulations made by the Secretary of State in the United Kingdom under section 365(1) shall not have effect in the Bailiwick of Jersey until they have been registered in the Royal Court, and where such Regulations have been so registered, they shall have effect on the day following the day of such registration or on the day of coming into force specified in the Regulations, whichever is the later.”.

4.  In section 366 (Powers to enforce TV licensing)—

(a)in subsection (1), for the words “a justice” to “Ireland”, substitute “the Bailiff” and for “information” substitute “evidence”;

(b)in subsection (2)—

(i)after “OFCOM” insert “, accompanied by a police officer,”; and

(ii)in subsection (2)(a) omit the words “(either alone or in the company of one or more constables)”;

(c)in subsection (6), after the word “section” insert “or a police officer”;

(d)in subsection (9), omit the words “on summary conviction,” and for “level 5” substitute “level 3”; and

(e)omit subsections (11) and (12).