The Wireless Telegraphy (Guernsey) Order 2006 No. 3325

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Statutory Instruments

You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Wireless Telegraphy (Guernsey) Order 2006 No. 3325
URL: http://www.bailii.org/uk/legis/num_reg/2006/20063325.html

[New search] [Help]

STATUTORY INSTRUMENTS

2006 No. 3325
BROADCASTING
ELECTRONIC COMMUNICATIONS
WIRELESS TELEGRAPHY
The Wireless Telegraphy (Guernsey) 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, interpretation
1. —(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—

Extension of the 2006 Act to Guernsey
     2. 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.

Extension of other instruments
     3. —(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.

Modification and revocation of other instruments
     4. —(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.

Meriel McCullagh
Deputy Clerk of the Privy Council

SCHEDULE 1Article 2

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

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)—

(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[

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

     6. In section 11 (surrender of licence), for "standard" substitute "uniform".

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

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

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

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—

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

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

     18. In subsection 47 (misleading messages)—

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

20. In section 49 (interception authorities)—

(h)

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

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

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

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

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

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

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

28. In section 68 (deliberate interference)—

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

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

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

     32. In section 74 (offences)—

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

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

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

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

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

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

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

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

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

     42. In section 93 (penalties and proceedings)—

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

44. In subsection 97 (powers of entry and search)—

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

46. In section 99 (powers of seizure)—

     47. In section 100 (obstruction) in subsection (2), for "standard" substitute "uniform".

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

     49. In section 107 (proceedings and enforcement)—

50. In section 108 (civil proceedings) –

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

52. In section 111 (general restrictions)—

(b) omit subsections (4), (8) and (11);

(c) in subsection (6), omit paragraphs (b) to (e), (g), (j), (k) (m) and (n);

(d) in subsection (10)(a), for "the statutory maximum" substitute "level 5 on the uniform scale"; and

(e) in subsection (12), omit the definitions of "the Consumer Panel" and "the Welsh Authority".

53. In section 112 (service of documents) in subsection (7), for "the United Kingdom", wherever these words occur, substitute "Guernsey".

54. In section 115 (general interpretation)—

" "police officer" means—

(e) omit the definition of "UK territorial sea"

(f) after the definition of "supply" insert—

" "uniform scale" means the scale of fines designated by the Uniform Scale of Fines (Bailiwick of Guernsey) Law 1989;"; and

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

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

     57. In section 119 (territorial application)—

(c) in subsection (1)(c), for "the United Kingdom or UK territorial sea", in both places where these words occur, substitute "Guernsey or Guernsey's territorial sea"; and

(d) omit subsections (3) and (4).

58. In section 121 (orders and regulations made by the Secretary of State), after subsection (3) insert—

59. In section 122 (orders and regulations made by OFCOM), after subsection (7) insert—

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

61. In Schedule 2 (procedure for grants of recognised spectrum access) –

62. In Schedule 5 (forfeiture on conviction)—

63. In Schedule 7 (consequential amendments)—

64. In Schedule 8 (transitional provisions, savings and transitory modifications), omit paragraphs 5, 9, 10, 16, 18 to 22, 25, 26, 28 and 29.

65. In Schedule 9 (repeals) omit all entries except those in respect of—

Wireless Telegraphy Act 1949;

Marine etc Broadcasting (Offences) Act 1967;

Wireless Telegraphy Act 1967;

Telecommunications Act 1984;

Broadcasting Act 1990;

Communications Act 2003.

SCHEDULE 2

Article 4

PART 1

Modifications of other instruments
1. The Wireless Telegraphy (Guernsey) Order 1994[

(c) in Schedule 2 (Modifications with which provisions of the Communications Act 2003 extend to the Bailiwick of Guernsey)—

PART 2

Revocations

Revocations	Reference	Extent of revocation
The Wireless Telegraphy (Channel Islands) Order 1952	S.I. 1952/1900	The whole of the Order insofar as it applies to Guernsey
The Marine & c, Broadcasting (Offences) (Guernsey) Order 1967	S.I. 1967/1274	The whole of the Order
The Wireless Telegraphy (Channel Islands) Order 1967	S.I. 1967/1279	The whole of the Order insofar as it applies to Guernsey
The Wireless Telegraphy (Guernsey) Order 1994	S.I. 1994/1064	Article 3(2) and, in Part 1 to the Schedule, paragraphs 3 to 15 and 18, and in Part II to the Schedule, paragraphs 2 and 3
The Wireless Telegraphy (Channel Islands) (Amendment) Order 1997	S.I. 1997/284	The whole of the Order insofar as it applies to Guernsey
The Wireless Telegraphy (Guernsey) Order 1998	S.I. 1998/1511	The whole of the Order
The Communications (Guernsey) Order 2003	S.I. 2003/3195	In article 6, the words "Chapter 2 (spectrum use): sections 152, 154 to 179, 183 and 184". In Schedule 2 (Modifications with which provisions of the Communications Act 2003 extend to the Bailiwick of Guernsey), paragraphs 16 to 26, 94(a)(ii), 101(a), 103 and 112(b) to (l)

EXPLANATORY NOTE

(This note is not part of the Order)

This Order extends to the Bailiwick of Guernsey provisions of the Wireless Telegraphy Act 2006 ("the 2006 Act"), which consolidates all the provisions relating to wireless telegraphy formerly contained in a number of Acts of Parliament. The relevant Acts of Parliament which apply to the Bailiwick of Guernsey are—

The Wireless Telegraphy Act 1949 (c.54)

The Marine,&c., Broadcasting (Offences) Act 1967 (c.41)

The Wireless Telegraphy Act 1967 (c.72)

The Telecommunications Act 1984 (c.12)

The Broadcasting Act 1990 (c.42)

The Intelligence Services Act 1994 (c.13)

The Wireless Telegraphy Act 1998 (c.6)

The Communications Act 2003 (c.21).

The Order sets out the provisions of the 2006 Act which are to extend to the Bailiwick of Guernsey. The modifications which are to apply are set out in Schedule 1 to the Order. Schedule 2 sets out modifications to, and revocations of, previous Orders in Council.

The Order will come into effect on 8th February 2007.

Notes:

[7] S.I. 1996/2290, which has effect by virtue of paragraph 10 of Schedule 8 of the Wireless Telegraphy Act 2006 (c.36) as if made by virtue of section 1(7) of the Communications Act 2003 (c.21).back

[8] S.I. 1994/1064.back

[9] 1984 c.12; sections 102 and 109(6) were repealed by the Communications Act 2003, section 406(7) and Schedule 19(1).back

[10] S.I. 2003/3195, amended by S.I. 2004/715; there are other amending instruments but none is relevant.back

Prepared 21 December 2006

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/legis/num_reg/2006/20063325.html

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Wireless Telegraphy (Guernsey) Order 2006 No. 3325 URL: http://www.bailii.org/uk/legis/num_reg/2006/20063325.html