The Broadcasting (Guernsey) Order 2003

Article 3

SCHEDULE 2 AMENDMENTS OF THE BROADCASTING ACT 1990 (GUERNSEY) (NO. 2) ORDER 1991

In the Schedule—

(a) in paragraph 1(a) (section 2), for “subsection (1)(a) and (b)” there shall be substituted “subsection (1)(a), (b), (c) and (d)”;

(b) in paragraph 7 (section 24), after “(provision of Channel 4)” there shall be inserted “(a)” and at the end there shall be added—

“(b) in subsection (5)(a), after “United Kingdom” insert “and the Bailiwick of Guernsey”; and

(c) in subsection (6)(a), after “United Kingdom” where it first occurs insert “, the Bailiwick of Guernsey”; and in the second place where it occurs, insert “or the Bailiwick of Guernsey”.”;

(c) after paragraph 10, there shall be inserted—

“10A.   In section 31(2)(a), after “United Kingdom” insert “and the Bailiwick of Guernsey”.”;

(d) after paragraph 12, there shall be inserted—

“12A.   In section 42A (restricted services), after “United Kingdom” insert “or the Bailiwick of Guernsey”.”;

(e) for paragraph 13 there shall be substituted—

“13.   In section 43 (satellite services)—

(a) in subsection (2)—

(i) for paragraph (a)(ii) substitute—

“(ii) for general reception anywhere in the world,”,

(ii) omit paragraph (b) and the word “or” immediately preceding it;

(b) in subsection (3A), for “, a Channel 4 company or an S4C company” substitute “or a Channel 4 company”;

(c) in subsection (4)—

(i) after the definition of “allocated frequency” insert—

““the United Kingdom” includes the Bailiwick of Guernsey;”,

(ii) omit the definition of “prescribed country”,

(iii) in the definition of “relevant broadcasting body”, omit paragraph (c) and the word “and” immediately preceding it.;

(f) after paragraph 18, there shall be inserted—

“18A.   In section 66A (enforcement of licences held by BBC companies), in subsection (2) omit paragraph (d).”;

(g) in paragraph 21 (section 84), at the end, there shall be inserted—

“(d) in subsection (3A)—

(i) for “, a Channel 4 company or an S4C company” substitute “or a Channel 4 company”; and

(ii) in paragraph (b), after “United Kingdom” insert “or the Bailiwick of Guernsey”; and

(e) in subsection (3B), paragraph (c) and the word “and” immediately preceding it shall be omitted;”;

(h) after paragraph 29, there shall be inserted—

“29A.   In section 104B—

(a) in subsection (2)(b), after “United Kingdom” insert “or the Bailiwick of Guernsey”;

(b) for subsection (6) substitute—

“(6) Subsection (1) has effect as if any order under section 104B(6) of the Broadcasting Act 1990 for the time being in force in the United Kingdom had extended to the Bailiwick of Guernsey.”; and

(c) omit subsection (7).”;

(i) in paragraph 51 (Schedule 2)—

(i) for sub-paragraph (a), there shall be substituted—

“(a) in Part I—

(i) in paragraph 3A, after “United Kingdom” in each place where it occurs, insert “and the Bailiwick of Guernsey”,

(ii) omit paragraph 4;”;

(ii) for sub-paragraph (b) there shall be substituted—

“(b) in Part II—

(i) in paragraph 3(1)(a), for “the Welsh authority” substitute “the States of Guernsey”,

(ii) in paragraph 5A(1), omit paragraph (b) and the word “and” immediately preceding it, and

(iii) omit paragraph 5A(3);”;

(iii) for sub-paragraph (c) there shall be substituted—

“(c) in Part III—

(i) after paragraph 1(4), insert—

“(5) This Part has effect as if any order under paragraph 2(6) or (7), 3(7), 5(5), 6, 7 (1) or (9), 8(1), 10(1) or (2), 11(5), 13, 14(5), 16(1) or (2) of Part III of Schedule 2 to the Broadcasting Act 1990 for the time being in force in the United Kingdom had extended to the Bailiwick of Guernsey.”,

(ii) omit paragraphs 2(6) and (7), 3(7), 6, 7(9) and (10), 10, 11(5), 13, 14(5), 16(1) to (3), and

(iii) in paragraph 2(3), after “United Kingdom” in paragraph (a) insert “or the Bailiwick of Guernsey”, and omit paragraph (b) and the word “or” immediately preceding it;”;

(iv) for sub-paragraph (d) there shall be substituted—

“(d) in Part IV—

(i) in paragraph 2, after “United Kingdom” in each place where it occurs, insert “and the Bailiwick of Guernsey”,

(ii) in paragraph 2, at the end, add—

“(8) This Part of this Schedule has effect as if any order under paragraph 5(5), 8(1) or 15(1) of Part IV of Schedule 2 to the Broadcasting Act 1990 which is for the time being in force in the United Kingdom had extended to the Bailiwick of Guernsey.”,

(iii) omit paragraphs 5(5), 8 and 15, and

(iv) in paragraph 13(2), at the end insert “or the Bailiwick of Guernsey and, before making a determination under any of those paragraphs which concerns the public interest in the Bailiwick of Guernsey, the relevant authority shall consult with the Broadcasting Committee of the States of Guernsey”;”.”