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

United Kingdom Statutory Instruments


You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Communications (Isle of Man) Order 2003
URL: http://www.bailii.org/uk/legis/num_reg/2003/20033198.html

[New search] [Help]



2003 No. 3198

ELECTRONIC COMMUNICATIONS

BROADCASTING

The Communications (Isle of Man) Order 2003

  Made 10th December 2003 
  Coming into force
  as provided in Article 1(2) 29th December 2003 
  as provided in Article 1(3) 1st April 2004 

At the Court at Buckingham Palace, the 10th day of December

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon her by section 20(3) of the Wireless Telegraphy Act 1949[1] as it has effect by virtue of section 9(2) of the Wireless Telegraphy Act 1998[2], section 9(3) of the Wireless Telegraphy Act 1998, section 7(4) of the Office of Communications Act 2002[3] and sections 402(3)(b) and (c) and 411(6) and (8) of the Communications Act 2003[4], is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, as follows:

     1.  - (1) This Order may be cited as the Communications (Isle of Man) Order 2003.

    (2) Articles 1 to 5 and Schedule 1 shall come into force on 29th December 2003 and shall be deemed to have come into force immediately following the Broadcasting (Isle of Man) Order 2003[
5].

    (3) Article 6 and Schedule 2 shall come into effect as provided in paragraph (4).

    (4) In respect of any provision of the 2003 Act that is extended to the Isle of Man (whether with or without modifications) by this Order and that is to any extent brought into force in the United Kingdom on a date specified in the Communications Act 2003 (Commencement No. 1) Order 2003[6] ("the No. 1 Order") or the Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003 ("the No. 2 Order")[7] - 

     2. In this Order - 

     3. Section 3(5A) of the Wireless Telegraphy Act 1998, as extended to the Isle of Man by the Wireless Telegraphy (Isle of Man) Order 1998[8], is hereby repealed and article 2(c) of that Order is hereby revoked.

     4. The Secretary of State shall not - 

unless he has first consulted the appropriate authorities in the Isle of Man.

    
5. Sections 1 and 7 of, and the Schedule to, the 2002 Act shall extend to the Isle of Man with the modifications set out in Schedule 1 to this Order.

    
6.  - (1) The following provisions of the 2003 Act shall extend to the Isle of Man with the modifications set out in Schedule 2 to this Order:

    (2) For the purpose of construing those provisions as so extended as part of the law of the Isle of Man, any reference to an enactment which extends to the Isle of Man shall, except where a contrary intention appears, be construed as a reference to that enactment as it has effect in the Isle of Man.


A. K. Galloway
Clerk of the Privy Council


SCHEDULE 1
Article 5


MODIFICATIONS WITH WHICH PROVISIONS OF THE OFFICE OF COMMUNICATIONS ACT 2002 EXTEND TO THE ISLE OF MAN


     1. In section 1, omit subsections (2) to (9).

     2. In section 7, omit subsections (2) to (4).

     3. In Schedule 1, omit paragraphs 1 to 11 and 21 to 24.



SCHEDULE 2
Article 6


MODIFICATIONS WITH WHICH THE PROVISIONS OF THE COMMUNICATIONS ACT 2003 EXTEND TO THE ISLE OF MAN


     1. In section 1 (functions and general powers of OFCOM) - 

     2. After section 1, insert the following section - 

     3. In section 3 (general duties of OFCOM) - 

     4. In section 5 (directions in respect of networks and spectrum functions) - 

     5. In section 7 (duty to carry out impact assessments), in subsection (2)(c), after the words "or in a part of the United Kingdom", insert "or in the Isle of Man".

     6. In section 13 (functions of the Content Board) - 

     7. In section 14, omit subsections (1) to (3) and (6)(a).

     8. In section 15(2)(a), omit the words "(3) or".

     9. In section 31 (transitional functions and abilities of pre-commencement regulators) - 

     10. In section 152, in subsections (3), (4) and (5), after the words "United Kingdom" wherever they occur, insert "and the Isle of Man".

     11. In section 153(2), after the words "United Kingdom", insert "and the Isle of Man".

     12. In section 156 (directions with respect to the radio spectrum), after subsection (5) insert - 

     13. In section 157 (procedure for directions under s.156), omit subsections (4) to (7).

     14. In section 159 (grant of recognised spectrum access), after the words "United Kingdom" wherever they occur, insert "or the Isle of Man".

     15. In section 169 - 

     16. In section 174 (procedure for prosecution of wireless telegraphy offences), omit subsection (7).

     17. In section 178 (procedure for an offence relating to apparatus use) - 

     18. In section 179 (modification of penalties for certain wireless telegraphy offences), omit subsection (3).

     19. In section 185, omit subsections (1), (2)(c), (7) and (8).

     20. In section 187 (legal proceedings about referred disputes), in subsection (3) omit "or sisted" and "sist".

     21. In section 190 (resolution of referred disputes), omit subsections (2) and (4)(a).

     22. In section 192 (appeals against decisions by OFCOM, the Secretary of State etc.), omit subsections (1)(b) and (c), (d)(ii) and (d)(iii).

     23. In section 195 (decisions of tribunal) - 

     24. In section 196 (appeals from tribunals) - 

     25. In section 197 (interpretation of Part 3) - 

     26. In section 211 - 

     27. In section 214(8)(a), (b) and (c), after the words "United Kingdom" insert "or the Isle of Man".

     28. In section 218(6)(b), after the words "United Kingdom" in both places where they occur insert "or the Isle of Man".

     29. In section 219(5), after the words "United Kingdom" insert "and the Isle of Man".

     30. In section 229(2), after the words "United Kingdom" insert "and the Isle of Man".

     31. In section 231(9)(a), (b) and (c), after the words "United Kingdom" wherever they occur insert "or the Isle of Man".

     32. In section 245 (regulation 1) independent radio services) - 

     33. In section 253 - 

     34. In section 264 (OFCOM reports on the fulfilment of the public service remit) - 

     35. In section 271 (power to amend public service remits) - 

     36. In section 280, in subsections (1) and (8)(b), after the words "United Kingdom" add "and the Isle of Man".

     37. In section 286 (regional programme-making for Channels 3 and 5) - 

     38. In section 287 (regional programmes on Channel 3) - 

     39. In section 288 (regional programme-making for Channel 4), in subsection (1)(a), after the words "United Kingdom" where they first occur, insert "or the Isle of Man".

     40. In section 289 (regional matters in the public teletext service), in subsection (1), after the words "United Kingdom" add "or the Isle of Man".

     41. In section 290 (proposals for arrangements), in subsection (4)(c), after the words "United Kingdom" add "and the Isle of Man".

     42. In section 291 (obligation as to making and continuance of approved arrangements), omit subsections (3) and (4).

     43. In section 296(4)(b), after the words "United Kingdom" add "and the Isle of Man".

     44. In section 303 (care relating to provision for the deaf and visually impaired) - 

     45. In section 310 (code of practice for electronic programme guides) - 

     46. In section 312 (character and coverage of sound broadcasting services) - 

     47. In section 315 (variations of radio multiplex licences affecting service characteristics), omit the inserted subsection (6B) of section 54 of the 1996 Act.

     48. In section 320 (special impartiality requirements) - 

     49. In section 321 (objectives for advertisements and sponsorships), in subsection (3) - 

     50. In section 351 (changes of control of Channel 3 services), in subsection (5)(a) and (b), after the words "United Kingdom" insert "or the Isle of Man".

     51. In section 353 (change of control of Channel 5), in subsection (5)(a), (b) and (c), after the words "United Kingdom" wherever they occur insert "or the Isle of Man".

     52. In section 358 (annual factual and statistical report), in subsection (2), after the words "United Kingdom" insert "and the Isle of Man".

     53. In section 362 (interpretation of Part 3) - 

     54. In section 366 (powers to enforce TV licensing) - 

     55. In section 394 (service of notifications and other documents) - 

     56. In section 398 (repeal of certain provisions of the Telecommunications Act 1984), omit subsections (2) and (4).

     57. In section 400 (destination of licence fees) - 

     58. In section 403 (regulations and orders made by OFCOM), omit subsection (8).

     59. In section 404 (criminal liability of company directors), omit subsection (2).

     60. In section 405(1) (general interpretation) - 

     61. In section 406 (minor and consequential amendments, transitionals and repeals), omit subsection (4)(a), (b) and (c) and omit subsections (5), (8) and (9).

     62. In section 408 (transitional provision for anticipatory carrying out of functions) - 

     63. For section 410 (application of enactments to the territorial sea and other waters) substitute - 

     64. In section 411 (short title, commencement and extent), omit subsections 2 to 8.

65. In Schedule 1 (functions transferred to OFCOM) - 

66. In Schedule 2 (transfer schemes) - 

     67. In Schedule 8 (decisions not subject to appeal), omit paragraphs 3 to 12, 17 to 20, 24, 25, 31, 35 and 36.

     68. In Schedule 10, in paragraph 3(e) after the words "United Kingdom" insert "and in the Isle of Man".

     69. In Schedule 13 (financial penalties under the Broadcasting Acts), omit paragraph 4.

70. In Schedule 14 (media ownership rules) - 

     71. In Schedule 15 (amendments of Broadcasting Acts) - 

     72. In Schedule 17 (minor and consequential amendments) - 

     73. In Schedule 18 (transitional provisions) - 

     74. In Schedule 19 (repeals) omit all entries except those relating to - 



EXPLANATORY NOTE

(This note is not part of the Order)


This Order extends to the Isle of Man provisions of the Office of Communications Act 2002, which establishes a single regulator (OFCOM) for communications and media and provisions of the Communications Act 2003 which confer on OFCOM certain regulatory functions in respect of wireless telegraphy and broadcast media.

The modifications with which those provisions of the two Acts that are extended, will apply in the Isle of Man are set out in Schedule 1 and 2, respectively, to the Order.

The provisions of the 2003 Act extended include amendments of the Wireless Telegraphy Act 1949, the Marine, &c, Broadcasting Act 1967, the Telecommunications Act 1984, the Broadcasting Act 1990, the Broadcasting Act 1996 and the Wireless Telegraphy Act 1998, as those Acts have been extended to the Isle of Man.

The Order will come into effect on 29 December 2003 except for the provisions relating to the licensing of television receivers, which will come into effect on 1st April 2004.


Notes:

[1] 1949 c. 54.back

[2] 1998 c. 6.back

[3] 2002 c. 11.back

[4] 2003 c. 21.back

[5] S.I. 2003/3193.back

[6] S.I. 2003/1900.back

[7] S.I. 2003/3142/c. 125.back

[8] S.I. 1998/1510.back



ISBN 0 11 048331 6


  Prepared 18 December 2003


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/legis/num_reg/2003/20033198.html