2003 No. 3192
BROADCASTING
The Broadcasting (Guernsey) Order 2003
Made 10th December 2003
Coming into force 29th December 2003

At the Court at Buckingham Palace, the 10th day of December 2003
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in pursuance of section 150(4) of the Broadcasting Act 1996 and section 204(6) of the Broadcasting Act 1990, as it is applied by section 150(3) of the Broadcasting Act 1996, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
1996 c. 55.
1990 c. 42.

1 Citation and commencement
This Order may be cited as the Broadcasting (Guernsey) Order 2003 and shall come into force on 29th December 2003.

2 Extension of Broadcasting Act 1996
The following provisions of the Broadcasting Act 1996 shall extend, with the modifications specified in Schedule 1 to this Order, to the Bailiwick of Guernsey—
(a) in Part I (digital terrestrial television broadcasting), sections 1 to 20, 22 to 28, 30, 31, 33 to 39;
(b) in Part II (digital terrestrial sound broadcasting), sections 40 to 72;
(c) in Part III (amendments of Broadcasting Act 1990), sections 73 to 76, 78, 79, 82 to 89, 92 to 94, and 96;
(d) Part IV (sporting and other events of national interest);
(e) in Part V (Broadcasting Standards Commission), sections 106 to 126 and 128 to 130;
(f) in Part VIII (miscellaneous and general), sections 142 to 148 and 150; and
(g) Schedules 1 to 4, 8 and 10 and Part I of Schedule 11.

3 Amendment of Broadcasting Act 1990 (Guernsey) (No. 2) Order 1991
The Schedule to the Broadcasting Act 1990 (Guernsey) (No. 2) Order 1991 is hereby amended in accordance with Schedule 2 to this Order.
S.I. 1991/1709.

4 Revocations
In the Broadcasting Act 1996 (British Broadcasting Corporation—Transmission Network) (Guernsey) Order 1997, the following provisions are hereby revoked—
(a) in article 2, the words “147(1)”; and
(b) paragraph 1 of the Schedule.
S.I. 1997/1755.
A. K. Galloway Clerk of the Privy Council

SCHEDULE 1 MODIFICATIONS SUBJECT TO WHICH PROVISIONS OF THE BROADCASTING ACT 1996 EXTEND TO GUERNSEY
Article 2
1 Any reference to a provision of the Broadcasting Act 1990 (“the 1990 Act”) shall be construed as a reference to that provision as it has effect in the Bailiwick of Guernsey by virtue of the Broadcasting Act 1990 (Guernsey) (No. 2) Order 1991.
2 The following provisions, that is—
section 1(4),
section 12(1)(h),
section 13(1),
section 19(2)(b),
section 20,
section 24(3),
section 28 (and the provisions referred to in section 28(3) as enacted),
section 40(5),
section 41(3),
section 54(1),
section 46(1),
section 63(3),
section 98(2),
section 102(3)and (4),
the provisions referred to in section 36(2) as enacted, and
the provisions referred to in section 69(2) as enacted,
shall have effect as if any order made under, respectively—
section 1(5),
section 12(5),
section 13(2),
section 19(8),
section 21(1),
section 24(3)(b),
section 28(3),
section 40(6),
section 41(4),
section 54(3),
section 55(2),
section 63(3),
section 98(3),
section 102(4)(b),
section 36(1), and
section 69(1)as enacted,
and which is for the time being in force in the United Kingdom, had extended to the Bailiwick of Guernsey.
3 In section 1—
(a) subsections (5) and (6) shall be omitted; and
(b) in subsection (7)—
(i) in the definition of “broadcast”, paragraph (b) and the word “or” immediately preceding it shall be omitted; and
(ii) in the definition of “for general reception”, there shall be added at the end the words “and the Bailiwick of Guernsey.”.
4 In section 2—
(a) in subsection (1), paragraph (b) shall be omitted; and
(b) subsection (4) shall be omitted.
5 In section 3(8), for “section 7 of the Telecommunications Act 1984” there shall be substituted “section 2 of the Telecommunications (Bailiwick of Guernsey) Law, 2001”.
6 In section 4(4), after “such tariff” there shall be inserted “in the Bailiwick of Guernsey”.
7 In section 5(1)(b), for “III to V” there shall be substituted “III and IV”.
8 In section 7(1)(c), after “United Kingdom” there shall be inserted “and the Bailiwick of Guernsey”.
9 In section 8(1), after “United Kingdom” there shall be inserted “and the Bailiwick of Guernsey”.
10 In section 12, subsections (5) and (6) shall be omitted.
11 In section 13, subsections (2) and (3) shall be omitted.
12 In section 19—
(a) in subsection (6), after “United Kingdom”, there shall be inserted “(including on behalf of the Bailiwick of Guernsey)”; and
(b) subsections (8) and (9) shall be omitted.
13 Section 21 shall be omitted.
14 In section 24, subsection (4) shall be omitted.
15 In section 25(5), after “United Kingdom” there shall be inserted “and the Bailiwick of Guernsey”.
16 In section 28—
(a) subsection (3);
(b) in subsection (6), the words from “Without prejudice” to “cases),”; and
(c) subsection (7),
shall be omitted.
17 In section 31, the words “the Welsh authority or” shall be omitted.
18 In section 33—
(a) in subsection (1)(a)—
(i) after the words “United Kingdom” in each place where they occur there shall be inserted “and the Bailiwick of Guernsey”; and
(ii) in sub-paragraph (ii), the words “, S4C Digital” shall be omitted;
(b) in subsection (3)—
(i) in paragraph (c), the words “or II” shall be omitted; and
(ii) for paragraph (d) there shall be substituted—

“(d) the States of Guernsey Broadcasting Committee;”

.
19 In section 38—
(a) in subsection (1), for paragraph (c) and the word “or” immediately preceding it there shall be substituted—

“(bb) if the licence is for the provision of a service for the Bailiwick of Guernsey, be paid to the Treasurer of the States of Guernsey, or
(c) if the licence is for the provision of a service for an area consisting of—
(i) the Bailiwick of Guernsey and the whole or part of the United Kingdom,
(ii) the Bailiwick of Guernsey and the Bailiwick of Jersey, or
(iii) the Bailiwick of Guernsey, the Bailiwick of Jersey and the whole or part of the United Kingdom,
as respects such proportion of the amount as the Commission consider appropriate, be paid as mentioned paragraph (bb) above.”

; and
(b) in subsection (5)—
(i) after “Northern Ireland” there shall be inserted “and the Treasurer of the States of Guernsey”;
(ii) after “Auditor General”, where it appears for the first time, there shall be inserted “and to the Treasurer of the States of Guernsey”; and
(iii) after “Parliament” there shall be inserted “and the Treasurer of the States of Guernsey shall lay copies of the account before the States of Guernsey”.
20 In section 39(1), the definitions of “S4C”, “on S4C”, “S4C Digital” and “on S4C Digital” shall be omitted.
21 In section 40—
(a) after the words “United Kingdom” in each place where they occur there shall be inserted “and the Bailiwick of Guernsey”;
(b) the following shall be omitted—
(i) subsections (6) and (7); and
(ii) in subsection (8), in the definition of “broadcast”, paragraph (b).
22 In section 41, subsections (4) to (6) shall be omitted.
23 In section 42(7), for “section 7 of the Telecommunications Act 1984” there shall be substituted “section 2 of the Telecommunications (Bailiwick of Guernsey) Law 2001”.
24 In section 46(1)(c), after “United Kingdom” there shall be inserted “and the Bailiwick of Guernsey”.
25 In section 47(1), after “United Kingdom” there shall be inserted “and the Bailiwick of Guernsey”.
26 In section 49(1), the words “and every BBC radio service for Wales, Scotland or Northern Ireland” shall be omitted.
27 In section 50(2)(c), after “United Kingdom” there shall be inserted “and the Bailiwick of Guernsey”.
28 In section 54, subsections (3) and (4) shall be omitted.
29 In section 55, subsections (2) and (3) shall be omitted.
30 In section 63, subsections (3) and (4) shall be omitted.
31 In section 67(1)(a), after the words “United Kingdom” in each place where they occur there shall be inserted “and the Bailiwick of Guernsey”.
32 In section 71—
(a) in subsection (1), for paragraph (c) and the word “or” immediately preceding it there shall be substituted—

“(bb) if the licence is for the provision of a service for the Bailiwick of Guernsey, be paid to the Treasurer of the States of Guernsey, or
(c) if the licence is for the provision of a service for an area consisting of—
(i) the Bailiwick of Guernsey and the whole or part of the United Kingdom,
(ii) the Bailiwick of Guernsey and the Bailiwick of Jersey, or
(iii) the Bailiwick of Guernsey, the Bailiwick of Jersey and the whole or part of the United Kingdom,
as respects such proportion of the amount as the Commission consider appropriate, be paid as mentioned in paragraph (bb) above.”

; and
(b) in subsection (5)—
(i) after “Northern Ireland” there shall be inserted “and the Treasurer of the States of Guernsey”;
(ii) after the words “Auditor General”, where they first occur, there shall be inserted “and to the Treasurer of the States of Guernsey”; and
(iii) after “Parliament” there shall be inserted “and the Treasurer of the States of Guernsey shall lay copies of the account before the States of Guernsey”.
33 In section 72(2), after the words “United Kingdom” there shall be inserted “or to an area in the United Kingdom and the Bailiwick of Guernsey”.
34 In section 84, subsections (3) and (4) shall be omitted.
35 In section 86, subsection (3) shall be omitted.
36 In section 88(4), for “Subsections (8) and (9) are” there shall be substituted “Subsection (8) is”.
37 In section 97—
(a) in subsection (2), after paragraph (b) there shall be inserted—

“(bb) the States of Guernsey Broadcasting Committee,”

; and
(b) in subsection (4), for “Wales or Northern Ireland” there shall be substituted “Wales, Northern Ireland or the Bailiwick of Guernsey”.
38 In section 98, subsections (3) and (4) shall be omitted.
39 In section 99—
(a) in subsection (1), after the words “United Kingdom” in each place where they occur there shall be inserted “and the Bailiwick of Guernsey”;
(b) in subsection (2), the words “, the Welsh Authority” shall be omitted.
40 In section 100(1), after the words “United Kingdom” in both places where they occur there shall be inserted “and the Bailiwick of Guernsey”.
41 In section 101(1), after the words “United Kingdom” in both places where they occur there shall be inserted “and the Bailiwick of Guernsey”.
42 In section 102, subsection (5) shall be omitted.
43 In section 103(3), the words “or the Welsh Authority” shall be omitted.
44 In section 104(4), paragraph (b) shall be omitted.
45 In section 107—
(a) in subsection (4), after paragraph (a) there shall be inserted—

“(aa) the States of Guernsey Broadcasting Committee, and”

; and
(b) in subsection (5), paragraph (b) shall be omitted.
46 In section 108—
(a) in subsection (4), after paragraph (a) there shall be inserted—

“(aa) the States of Guernsey Broadcasting Committee, and”

; and
(b) in subsection (5)—
(i) paragraph (b); and
(ii) paragraph (d) and the word “ , and” immediately preceding it,
shall be omitted.
47 In section 109 (Monitoring by BSC of broadcasting standards) in subsection (4) after the words “United Kingdom” insert “or the Bailiwick of Guernsey”.
48 In section 114(2), after the words “United Kingdom” in both places where they occur there shall be inserted “or the Bailiwick of Guernsey”.
49 In section 116(6), the definition of “licensed service” shall be omitted.
50 In section 117, the words from “and of” to “offences)” shall be omitted.
51 Section 119(12) shall be omitted.
52 In section 124, subsection (4) shall be omitted.
53 In section 125, subsection (6) shall be omitted.
54 In section 130(1)—
(a) in the definition of “broadcasting body”, the words “or the Welsh authority” shall be omitted;
(b) in the definition of “licensed service”—
(i) the words “, subject to” to “125(6),” shall be omitted;
(ii) in paragraph (c), after “United Kingdom” there shall be inserted “and the Bailiwick of Guernsey”;
(iii) in paragraph (e), the words “provided by a person other than the Welsh authority” shall be omitted; and
(c) the definition of “local delivery service” shall be omitted.
55 In section 142(7)—
(a) in the definition of “licensed service”—
(i) the words “or II” and “or provided under a relevant cable licence” shall be omitted; and
(ii) at the end there shall be added “or any service broadcast or transmitted for general reception in the Bailiwick of Guernsey, or in the Bailiwick of Guernsey and the Bailiwick of Jersey, only”; and
(b) the definition of “relevant cable licence” shall be omitted.
56 In section 143(1) and (2), the words “or II” shall be omitted.
57 In section 144—
(a) in subsection (5)(a), the words “or II” shall be omitted; and
(b) at the end there shall be added—

“6 In subsection (4), “standard scale” means the standard scale of fines for the time being in force pursuant to the Uniform Scale of Fines (Guernsey) Law 1989.”

.
58 In section 146—
(a) in subsection (2), the words from “made by” to “Northern Ireland”, and
(b) subsection (3),
shall be omitted.
59 In section 150, subsections (2) to (4) shall be omitted.
60 In Schedule 3, paragraphs 1, 3 to 11, and 14 shall be omitted.
61 In Schedule 8, paragraph 4 shall be omitted.
62 In Schedule 10—
(a) paragraphs 4, 8, 10, 16, 18 and 20;
(b) in paragraph 21, sub-paragraph (c) and the word “and” immediately preceding it; and
(c) paragraphs 22 to 32,
shall be omitted.
63 In Part I of Schedule 11—
(a) the entries relating to the House of Commons Disqualification Act 1975 and the Northern Ireland Assembly Act 1975 shall be omitted; and
(b) in the repeals of provisions of the Broadcasting Act 1990—
(i) for “Section 45(8) and (9)” there shall be substituted “Section 45(8)”; and
(ii) the entries relating to sections 47 and 72 and Schedules 19 and 20 shall be omitted.

SCHEDULE 2 AMENDMENTS OF THE BROADCASTING ACT 1990 (GUERNSEY) (NO. 2) ORDER 1991
Article 3
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”;”

.”

(This note is not part of the Order)
This Order extends to the Bailiwick of Guernsey provisions of the Broadcasting Act 1996 (the 1996 Act) relating to digital terrestrial broadcasting, sporting and other events of national interest, the Broadcasting Standards Commission, and also certain miscellaneous and general provisions. Schedule 1 sets out modifications of provisions of the 1996 Act, and Schedule 2, amending the Broadcasting Act 1990 (Guernsey) (No. 2) Order 1991 (S.I. 1991/1709), sets out modifications of the amendments of the Broadcasting Act 1990 made by the 1996 Act.
The Order also makes consequential amendments of the Broadcasting Act 1996 (British Broadcasting Corporation—Transmission Network) (Guernsey) Order 1997 (S.I. 1997/1755).