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2004 No. 307

ELECTRONIC COMMUNICATIONS

BROADCASTING

The Communications (Bailiwick of Guernsey) Order 2004

  Made 11th February 2004 
  Coming into force 27th February 2004 

At the Court at Buckingham Palace, the 11th day of February 2004

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 and sections 402(3)(b) and (c) and 411(6) and (8) of the Communications Act 2003[3], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation and commencement
     1.  - (1) This Order may be cited as the Communications (Bailiwick of Guernsey) Order 2004 and shall come into force on 27th February 2004.

    (2) In respect of any provision of the 2003 Act that is extended to the Bailiwick of Guernsey (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 Office of Communications Act 2002 (Commencement No.3) and Communications Act 2003 (Commencement No. 2) Order 2003 ("the No. 2 Order")[
4] - 

Interpretation
     2. In this Order - 

Revocations
    
3. Article 2 of the Wireless Telegraphy (Channel Islands) (Amendment Order) 1997[5] (which amended section 1 of the Wireless Telegraphy Act 1949, as inserted by paragraph 2 of the Schedule to, and as extended to the Channel Islands by, the Wireless Telegraphy (Channel Islands) Order 1952[6]), as it applies to the Bailiwick of Guernsey, is revoked.

Extension of the 2003 Act
     4. Sections 363, 364, 365, 366 and 368 in Part 4 of the 2003 Act shall extend, with the modifications specified in the Schedule to this Order, to the Bailiwick of Guernsey.

    
5. For the purpose of construing the provisions of the 2003 Act, as extended by this Order as part of the law of the Bailiwick of Guernsey, any reference to an enactment which extends to the Bailiwick of Guernsey shall, except where a contrary intention appears, be construed as a reference to that enactment as it has effect in the Bailiwick of Guernsey.


A.K.Galloway
Clerk to the Privy Council


SCHEDULE
Article 4


MODIFICATIONS WITH WHICH PROVISIONS OF THE COMMUNICATIONS ACT 2003 EXTEND TO THE BAILIWICK OF GUERNSEY


     1. In section 363 (Licence required for use of TV receiver) - 

     2. In section 364 (TV licences), in subsection (9)(b) for the words "section 7 of the Interpretation Act 1978[7] (service by post)", substitute "section 11 of the Interpretation (Guernsey) Law 1948".

     3. In section 365 (TV licence fees) - 

     4. In section 366 (Powers to enforce TV licensing) - 



EXPLANATORY NOTE

(This note is not part of the Order)


This Order extends to the Bailiwick of Guernsey Part 4 of the Communications Act 2003, subject to modifications set out in the Schedule to the Order, which concerns the licensing of television reception. Other provisions of the Act were previously extended by the Communications (the Bailiwick of Guernsey) Order 2003 (S.I.2003/3195). Part 4 includes provisions enabling the Secretary of State to make regulations in respect of television licence fees, and further provisions concerning powers to enforce television licensing. The Order also revokes article 2 of the Wireless Telegraphy (Channel Islands) (Amendment Order) 1997 (S.I. 1997/284) as it applies to the Bailiwick of Guernsey.


Notes:

[1] 1949 c. 54.back

[2] 1998 c. 6.back

[3] 2003 c. 21, extended in part to Guernsey by S.I. 2003/3195.back

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

[5] S.I. 1997/284.back

[6] S.I. 1952/1900, to which there have been amendments not relevant to the subject matter of this Order.back

[7] 1978 c.30.back



ISBN 0 11 048703 6


  © Crown copyright 2004

Prepared 19 February 2004


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