The Wireless Telegraphy (Isle of Man) Order 1995

PART I EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS IN THE EXTENSION OF PROVISIONS OF THE TELECOMMUNICATIONS ACT 1984 TO THE ISLE OF MAN

1.  Any reference to an Act of Parliament (including the Telecommunications Act 1984), or to a provision thereof, shall be construed, unless the contrary intention appears, as a reference to that Act or provision as it has effect in the Isle of Man.

2.  Any reference to an enactment of Tynwald shall be construed, unless the contrary intention appears, as a reference to it as amended or replaced by or under any other such enactment.

3.—(1) Section 74 shall be modified in accordance with the following provisions of this paragraph.

(2) In the section 3A which section 74 inserts in the Wireless Telegraphy Act 1949—

(a) in subsection (1), for “section 7 of the Telecommunications Act 1984” there shall be substituted “section 5 of the Telecommunications Act 1984 of Tynwald”;

(b) in subsection (2), for “section 8” there shall be substituted “section 6”;

(c) in subsection (5), after “Telecommunications Act 1984” there shall be inserted “of Tynwald”;

(d) in subsection (7), there shall be added at the end the words “and the Isle of Man”; and

(e) in subsection (8)—

(i) after “the Telecommunications Act 1984” there shall be inserted “or the Telecommunications Act 1984 of Tynwald”; and

(ii) for “that Act” wherever those words occur there shall be substituted “the Telecommunications Act 1984”.

4.—(1) Section 75 shall be modified in accordance with the following provisions of this paragraph.

(2) In subsection (1), for “indictment” there shall be substituted “information”.

(3) In subsection (2)(a)—

(a) for “Great Britain” in the first place where those words occur, there shall be substituted “the Isle of Man”; and

(b) for “both in Great Britain and in Northern Ireland” there shall be substituted “in the Isle of Man”.

(4) In subsection (3), for “comes into force” there shall be substituted “is extended to the Isle of Man”.

5.  In section 76—

(a) in subsection (1)(a), for “indictable offence” there shall be substituted “offence triable on information”; and

(b) subsection (3) shall be omitted.

6.  Section 77 shall be omitted.

7.  In section 79—

(a) in subsection (1)(a), for “indictable offence” there shall be substituted “offence triable on information”;

(b) in subsection (1), the words “and (c) any offence under section 7 of the 1967 Act” shall be omitted; and

(c) in subsection (6), the words “and (b) any proceedings for forfeiture under section 80 or 81 below” shall be omitted.

8.  Sections 80 and 81 shall be omitted.

9.—(1) Section 82 shall be modified in accordance with the following provisions of this paragraph.

(2) In the subsections which section 82 substitutes for section 14(3) of the Wireless Telegraphy Act 1949, subsections (3A) and (3C) shall be omitted(1).

10.  In section 83—

(a) In subsection (1)(b), the words “or proceedings for forfeiture of that property under section 80 or 81 above” shall be omitted; and

(b) in subsection (2)(b), the words “or under section 80 or 81 above” shall be omitted.

11.  In section 84—

(a) in subsection (1)(d), for “section 7 of the 1967 Act” there shall be substituted “section 1 of the Radio Equipment Act 1986 (an Act of Tynwald)”; and

(b) at the end there shall be added the following subsection:

“(10) An approval given (whether before or after the commencement of the Wireless Telegraphy (Isle of Man) Order 1995) under this section as it has effect in the United Kingdom shall have effect as if given for the corresponding purpose under this section as it has effect in the Isle of Man.”.

12.  For section 85(5)(b) there shall be substituted—

“(b) “supply” has the same meaning as it has in Part II of the Consumer Protection Act 1991 (an Act of Tynwald).”.

13.  In section 88, after “the Director” there shall be inserted “General of Telecommunications appointed under section 1 of this Act (as that section has effect in the United Kingdom)”.

14.  In section 91—

(a) in subsection (1), the words “or for the forfeiture of any apparatus under section 80 or 81 above” shall be omitted;

(b) in subsection (2), the words “or section 80(9)(b) above” shall be omitted; and

(c) in subsection (4), the words “and in section 80(9)(b) above” shall be omitted.

15.  In section 92—

(a) in subsection (1), the definition of “the 1967 Act” shall be omitted; and

(b) subsection (4) shall be omitted.

16.  In section 106(4), after the words “country or territory outside the United Kingdom” there shall be inserted “and the Isle of Man”.

17.  Section 109(6) shall have effect only so far as it relates to Part IV of Schedule 7.

18.—(1) Schedule 3 shall be modified in accordance with the following provisions of this paragraph.

(2) In the subsections which paragraph 1 substitutes for section 14(1) of the Wireless Telegraphy Act 1949—

(a) in subsection (1), for “indictment” there shall be substituted “information”; and

(b) in subsection (1A), paragraphs (e) and (f) shall be omitted.

(3) Paragraph 2 shall be omitted.

(4) In paragraph 3—

(a) in sub–paragraph (a), for “section 43 of the Powers of Criminal Courts Act 1973 (which gives the convicting court in England and Wales” there shall be substituted “section 16 of the Criminal Law Act 1981 (an Act of Tynwald) (which gives the convicting court”; and

(b) sub–paragraph (b) shall be omitted.

19.  Part IV of Schedule 7 shall have effect in relation only to such of the enactments specified there as have effect in the Isle of Man.

(1)

Subsection (3) as substituted by section 82 is no longer in force having been replaced by the subsection (3) subsequently substituted by section 172 of the Broadcasting Act 1990 (see paragraph 4 of Part II of this Schedule).