The Broadcasting (Jersey) Order 2003

Article 3

SCHEDULE 2AMENDMENTS OF THE BROADCASTING ACT 1990 (JERSEY) (NO. 2) ORDER 1991

In the Schedule—

(a)in paragraph 1(a) (section 2), for “subsection (1)(a) and (b)” there shall be substituted “subsection (1)(a), (b), (c) and (d)”;

(b)in paragraph 7 (section 24), after the words “(provision of Channel 4)” there shall be inserted “(a)” and at the end there shall be added—

“(b)in subsection (5)(a), after the words “United Kingdom” insert “and the Bailiwick of Jersey”; and

(c)in subsection (6)(a), after the words “United Kingdom” where they first occur insert “, the Bailiwick of Jersey”; and in the second place where they occur, insert “or the Bailiwick of Jersey”;”;

(c)after paragraph 10, there shall be inserted—

“10A.  In section 31(2)(a), after the words “United Kingdom” insert “and the Bailiwick of Jersey”.”;

(d)after paragraph 12, there shall be inserted—

“12A.  In section 42A (restricted services), after the words “United Kingdom” insert “or the Bailiwick of Jersey”.”;

(e)for paragraph 13 there shall be substituted—

“13.  In section 43 (satellite services)—

(a)in subsection (2)—

(i)for paragraph (a)(ii) substitute—

“(ii)for general reception anywhere in the world,”,

(ii)omit paragraph (b) and the word “or” immediately preceding it;

(b)in subsection (3A), for the words “, a Channel 4 company or an S4C company” substitute “or a Channel 4 company”;

(c)in subsection (4)—

(i)after the definition of “allocated frequency” insert—

““the United Kingdom” includes the Bailiwick of Jersey;”,

(ii)omit the definition of “prescribed country”,

(iii)in the definition of “relevant broadcasting body”, omit paragraph (c) and the word “and” immediately preceding it.”;”;

(f)after paragraph 18, there shall be inserted—

“18A.  In section 66A (enforcement of licences held by BBC companies), in subsection (2) omit paragraph (d).”;

(g)in paragraph 21 (section 84), at the end, there shall be inserted—

“(d)in subsection (3A)

(i)for the words “, a Channel 4 company or an S4C company” substitute “or a Channel 4 company”; and

(ii)in paragraph (b), after the words “United Kingdom” insert “or the Bailiwick of Jersey”; and

(e)in subsection (3B), paragraph (c) and the word “and” immediately preceding it shall be omitted;”;

(h)after paragraph 29, there shall be inserted—

“29A.  In section 104B—

(a)in subsection (2)(b), after the words “United Kingdom” insert “or the Bailiwick of Jersey”;

(b)for subsection (6) substitute—

“(6) Subsection (1) has effect as if any order under section 104B(6) of the Broadcasting Act 1990 for the time being in force in the United Kingdom had extended to the Bailiwick of Jersey.”; and

(c)omit subsection (7).”;

(i)in paragraph 51 (Schedule 2)—

(i)for sub-paragraph (a), there shall be substituted—

“(a)in Part I—

(i)in paragraph 3A, after the words “United Kingdom” in each place where they occur, insert “and the Bailiwick of Jersey”,

(ii)omit paragraph 4;”;

(ii)for sub-paragraph (b) there shall be substituted—

“(b)in Part II—

(i)in paragraph 3(1)(a), for the words “the Welsh authority” substitute “the States of Jersey”,

(ii)in paragraph 5A(1), omit paragraph (b) and the word “and” immediately preceding it, and

(iii)omit paragraph 5A(3);”;

(iii)for sub-paragraph (c) there shall be substituted—

“(c)in Part III—

(i)after paragraph 1(4), insert—

“(5) This Part has effect as if any order under paragraph 2(6) or (7), 3(7), 5(5), 6, 7 (1) or (9), 8(1), 10(1) or (2), 11(5), 13, 14(5), 16(1) or (2) of Part III of Schedule 2 to the Broadcasting Act 1990 for the time being in force in the United Kingdom had extended to the Bailiwick of Jersey.”,

(ii)omit paragraphs 2(6) and (7), 3(7), 6, 7(9) and (10), 10, 11(5), 13, 14(5), 16(1) to (3), and

(iii)in paragraph 2(3), in paragraph (a), after the words “United Kingdom” insert “or the Bailiwick of Jersey”, and omit paragraph (b) and the word “or” immediately preceding it;”;

(iv)for sub-paragraph (d) there shall be substituted—

“(d)in Part IV—

(i)in paragraph 2, after the words “United Kingdom” in each place where they occur, insert “and the Bailiwick of Jersey”,

(ii)in paragraph 2, at the end, add—

“(8) This Part of this Schedule has effect as if any order under paragraph 5(5), 8(1) or 15(1) of Part IV of the Broadcasting Act 1990 which is for the time being in force in the United Kingdom had extended to the Bailiwick of Jersey.”,

(iii)omit paragraphs 5(5), 8 and 15, and

(iv)in paragraph 13(2), at the end insert “or the Bailiwick of Jersey and, before making a determination under any of those paragraphs which concerns the public interest in the Bailiwick of Jersey, the relevant authority shall consult the Broadcasting Committee of the States of Jersey”;”.