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STATUTORY INSTRUMENTS

2006 No. 3324

BROADCASTING

ELECTRONIC COMMUNICATIONS

WIRELESS TELEGRAPHY

The Wireless Telegraphy (Jersey) Order 2006

  Made 14th December 2006 
  Coming into force 8th February 2007 

At the Court at Buckingham Palace, the 14th day of December 2006

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by section 15(6) of the Wireless Telegraphy Act 1967[1], section 204(6) of the Broadcasting Act 1990[2], section 12(4) of the Intelligence Services Act 1994[3], section 150(4) of the Broadcasting Act 1996[4] and section 411(6) of the Communications Act 2003[5], all as they have effect by virtue of section 118(6) of the Wireless Telegraphy Act 2006[6], and sections 118(3) and (6) and 119(3) of, and paragraph 24 of Schedule 8 to, the Wireless Telegraphy Act 2006, is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation, commencement and interpretation
     1. —(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—

    (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.

Extension of the Wireless Telegraphy Act 2006 to Jersey
     2. 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.

Extension of other instruments
     3. —(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.

Modification and revocation of other instruments
     4. —(1) The Communications (Jersey) Order 2003[7] 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.


Meriel McCullagh
Deputy Clerk of the Privy Council


SCHEDULE 1
Article 2


Modifications with which provisions of the Wireless Telegraphy Act 2006 extend to Jersey


     1. In section 1 (general functions)—

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

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

     4. In section 8 (licences and exemptions)—

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

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

     7. In section 18 (grant of recognised spectrum access)—

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

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

     10. In section 36 (keeping available for unauthorised use)—

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

     12. In section 38 (facilitating unauthorised broadcasting)—

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

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

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

     16. In section 46 (offences)—

     17. In section 47 (misleading messages)—

     18. In section 48 (interception and disclosure of messages)—

     19. In section 49 (interception authorities)—

     20. In section 50 (apparatus on foreign registered ships)—

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

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

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

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

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

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

     27. In section 68 (deliberate interference)—

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

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

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

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

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

     33. In section 86 (facilitation offences: territorial scope)—

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

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

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

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

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

     39. In section 95 (Part 5: interpretation)—

     40. In section 97 (powers of entry and search)—

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

     42. In section 99 (powers of seizure)—

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

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

     45. In section 107 (proceedings and enforcement)—

     46. In section 108 (civil proceedings)—

     47. In section 110 (criminal liability of company directors, etc.)—

     48. In section 111 (general restrictions)—

     49. In section 112 (service of documents)—

     50. In section 115 (general interpretation)—

     51. In section 116 ("wireless telegraphy") omit subsection (4).

     52. In section 118 (extent) omit subsections (1), (3) and (4).

     53. In section 119 (territorial application)—

     54. In section 121 (orders and regulations made by the Secretary of State)—

     55. In section 122 (orders and regulations made by OFCOM)—

     56. In section 126 (short title and commencement) omit subsection (2).

     57. In Schedule 2 (procedure for grants of recognised spectrum access)—

     58. In Schedule 5 (forfeiture on conviction)—

     59. In Schedule 7—

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