The Communications (Bailiwick of Guernsey) Order 2004

© Crown Copyright 2004

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Communications (Bailiwick of Guernsey) Order 2004, ISBN 0110487036. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

(a) any provision of the 2003 Act so extended, and any modification to that provision made by this Order, shall be of no effect in or in relation to the Bailiwick of Guernsey in relation to any time before the date specified in the No. 2 Order as the date on which that provision is to come into force in the United Kingdom;

(b) where any provision of the 2003 Act so extended is brought into force in the United Kingdom for certain purposes or to a certain extent, as specified in the No. 2 Order, that provision, and any modification to that provision made by this Order, shall have effect in the Bailiwick of Guernsey only for the purposes or to the extent so specified;

(c) any provision of the 2003 Act so extended, and any such modification, shall have effect in the Bailiwick of Guernsey subject to any transitional or transitory provision made in the No. 2 Order in relation to that provision.

Interpretation
     2. In this Order - 

"the 2003 Act" means the Communications Act 2003; and

"the Channel Islands" means the Bailiwicks of Jersey and Guernsey.

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

     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) - 

(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 Board of Health for the Bailiwick of Guernsey 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 Guernsey 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";

(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), for the word "standard" substitute "uniform"; and

(e) omit subsections (11) and (12).

[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