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Statutory Instruments

1992 No. 3205

TELEGRAPHS

The Wireless Telegraphy Appeal Tribunal (Isle of Man) Order 1992

Made

17th December 1992

Coming into force

1st January 1993

At the Court at Buckingham Palace, the 17th day of December 1992

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in pursuance of section 11(9) of the Tribunals and Inquiries Act 1992(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.  This Order may be cited as the Wireless Telegraphy Appeal Tribunal (Isle of Man) Order 1992 and shall come into force on 1st January 1993.

2.—(1) The provisions of subsections (1), (3) to (5) and (10) of section 11 of the Tribunals and Inquiries Act 1992, so far as it relates to proceedings in the Isle of Man of the tribunal established under section 9 of the Wireless Telegraphy Act 1949(2), shall extend to the Isle of Man subject to the modifications specified below.

(2) In subsection (1), for the words from the beginning to “Schedule 1”, there shall be substituted the words “If any party to proceedings before the tribunal established under section 9 of the Wireless Telegraphy Act 1949, as extended to the Isle of Man by the Wireless Telegraphy (Isle of Man) Order 1952(3),”.

(3) In subsection (3)—

(a)for the words from the beginning to “or requiring a tribunal”, there shall be substituted the words “Rules of court made with respect to the tribunal referred to in subsection (1) may provide for authorising or requiring the tribunal”; and

(b)for the words from “judgment of the Court” onwards, there shall be substituted the words “judgment of the Court for the purpose of section 18(4) of the High Court Act 1991 (an Act of Tynwald) (civil appeal jurisdiction)”.

(4) In subsection (4), the words “and different provision may be made for different tribunals” shall be omitted.

(5) In subsection (10)—

(a)after the words “In this section” there shall be inserted the words ““the Court of Appeal” means the Staff of Government Division of the High Court of Justice of the Isle of Man;”; and

(b)at the end there shall be added the words “and “the High Court” means the High Court of Justice of the Isle of Man (excluding the Staff of Government Division of that Court).” .

3.  The Tribunals and Inquiries (Isle of Man) Order 1961(4) is hereby revoked.

N. H. Nicholls

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order extends to the Isle of Man with the modifications set out in article 2(2) to (5) the provisions of section 11 of the Tribunals and Inquiries Act 1992 (appeals from certain tribunals) which are specified in article 2(1) so far as that section relates to proceedings in the Isle of Man of the tribunal established by section 9 of the Wireless Telegraphy Act 1949 (being the tribunal specified in paragraph 45 of Schedule 1 to the 1992 Act). Section 11, as modified, thereby provides for appeals to the High Court of Justice of the Isle of Man from decisions of that tribunal.

The Order revoked by article 3 of this Order extended to the Isle of Man the provision now re-enacted as section 11 of the 1992 Act.

(3)

S.I. 1952/1899

(4)

S.I. 1961/1835