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).

Article 5

SCHEDULE 2

PART 1AMENDMENTS OF THE WIRELESS TELEGRAPHY (JERSEY) ORDER 2003

In paragraph 5 of part I of the Schedule, for the words “Section 77” substitute “Sections 76 and 77”.

PART 2AMENDMENTS OF THE BROADCASTING (JERSEY) ORDER 2003

In Schedule 1—

(a)in paragraph 46, after the words “In section 109” insert “(4)”; and

(b)omit paragraph 58.

PART 3AMENDMENTS OF THE COMMUNICATIONS (JERSEY) ORDER 2003

In Schedule 2—

(a)in paragraph 1—

(i)in the first part of the list in that paragraph (“The following sections of the 2003 Act, that is—”)—

(aa)immediately below the words “section 277(1)” insert “section 278(1)”; and

(bb)immediately below the inserted words “section 278(1)” insert “section 309(1)”; and

(ii)in the second part of the list in that paragraph (“shall have effect as if an order or regulations made under, respectively—”)—

(aa)after the words “section 249(1)” insert “and (2)”;

(bb)for the words “section 277(3)” substitute “section 277(2), (3) and (4)”;

(cc)immediately below the substituted words “section 277(2), (3) and (4)”, insert “ section 278(6) and (7)”;

(dd)immediately below the inserted words “278(6) and (7)” insert “section 309 (2) and (3)”;

(ee)for the words “section 323(3)” substitute “section 323(1)”; and

(ff)for the words “section 348(7)” substitute “section 348(5)”;

(b)in paragraph 20, for the words “in the inserted section” to “by this section” substitute “in subsection (2)”;

(c)in paragraph 23(b), for the words “(2C) and (2D)” substitute “(1C) and (1D)”;

(d)omit paragraph 33;

(e)in paragraph 58, for the words “insert” to “Jersey”. substitute “, wherever they occur, insert “or the Bailiwick of Jersey”.”;

(f)in paragraph 69(b), omit the reference to subsection (3)(e);

(g)in paragraph 76(a), in the third line of the inserted subsection (7), for the word “say” substitute “day”;

(h)in paragraph 82, for the word “for” substitute “after”;

(i)in paragraph 86(a), for the words “subsection (2)(1)” substitute “subsection (1)”;

(j)in paragraph 94(c), for the words ““TV licence”” substitute ““representation””;

(k)in paragraph 94(e), after the first quotation marks, but before the word “Welsh”, insert the word “the”;

(l)for paragraph 106, substitute the following—

“106.  In Schedule 13 (Financial penalties under the Broadcasting Acts)—

(a)omit paragraphs 2(3), 3(2), 4(4), 5(2), 6(3), 7(3), 8(2), 9(3), 11(3), 13(3), 14(6), 15(6), 17(2), 19(4), 20(7) and 21(7); and

(b)omit section 36(3) of the 1990 Act inserted by paragraph 16 and section 69(3) of the 1990 Act inserted by paragraph 22.”;

(m)in paragraph 108—

(i)in sub-paragraph (f), after “75,” insert “in the substituted section 2 of the 1996 Act,”; and

(ii)omit sub-paragraph (g)(iii) and the word “and” at the end of sub-paragraph (g)(ii);

(n)for paragraph 109(g) substitute the following—

“(g)in paragraph 33(1), for the words “of that Act” substitute the words “of the Marine etc. Broadcasting (Offences) Act 1967”;”;

(o)in paragraph 110—

(i)omit sub-paragraph (d); and

(ii)renumber the subsequent paragraph (e) as paragraph (d);

(p)in paragraph 111(d), sixth line down, omit the words “Paragraph 4 of Part I of”; and

(q)in paragraph 111(e), last line, omit the reference to paragraph 10.