The Communications (Isle of Man) Order 2003

1.—(1) This Order may be cited as the Communications (Isle of Man) Order 2003.

(2) Articles 1 to 5 and Schedule 1 shall come into force on 29th December 2003 and shall be deemed to have come into force immediately following the Broadcasting (Isle of Man) Order 2003(1).

(3) Article 6 and Schedule 2 shall come into effect as provided in paragraph (4).

(4) In respect of any provision of the 2003 Act that is extended to the Isle of Man (whether with or without modifications) by this Order and that is to any extent brought into force in the United Kingdom on a date specified in the Communications Act 2003 (Commencement No. 1) Order 2003(2) (“the No. 1 Order”) or the Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003 (“the No. 2 Order”)(3)—

(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 Isle of Man in relation to any time before the date specified in the No. 1 Order or (as the case may be) 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. 1 Order or (as the case may be) No. 2 Order, that provision, and any modification to that provision made by this Order, shall have effect in the Isle of Man 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 Isle of Man subject to any transitional or transitory provision made in the No. 1 Order or (as the case may be) No. 2 Order in relation to that provision.

2.  In this Order—

“the 1990 Act” means the Broadcasting Act 1990;

“the 1996 Act” means the Broadcasting Act 1996;

“the 2002 Act” means the Office of Communications Act 2002;

“the 2003 Act” means the Communications Act 2003.

3.  Section 3(5A) of the Wireless Telegraphy Act 1998, as extended to the Isle of Man by the Wireless Telegraphy (Isle of Man) Order 1998(4), is hereby repealed and article 2(c) of that Order is hereby revoked.

4.  The Secretary of State shall not—

(a) request OFCOM under subsection (2) of section 22 of the 2003 Act to do as respects the Isle of Man one or more of the things set out in subsection (1) of that section, or

(b) require OFCOM under subsection (2) of section 152 of the 2003 Act to do as respects the Isle of Man one or more of the things set out in that subsection,

unless he has first consulted the appropriate authorities in the Isle of Man.

5.  Sections 1 and 7 of, and the Schedule to, the 2002 Act shall extend to the Isle of Man with the modifications set out in Schedule 1 to this Order.

6.—(1) The following provisions of the 2003 Act shall extend to the Isle of Man with the modifications set out in Schedule 2 to this Order:

• Sections 1 to 3

• Sections 5 to 9

• Sections 12 to 15

• Section 22

• Sections 24 to 26

• Section 28

• Sections 30 and 31

• Section 32

• Sections 138 to 144 (for the purposes only of section 191(5) and (6))

• Sections 152 to 167, 169 to 179, 183 and 184

• Sections 185 to 192

• Sections 195 to 202

• Sections 211 and 212

• Sections 214 to 230

• Section 231 except subsections (1) and (2)(c)

• Sections 241 to 243

• Sections 245 and 246

• Sections 253

• Sections 256 to 261

• Sections 263 and 264

• Section 271

• Sections 275 to 308

• Sections 310 to 312

• Section 315

• Sections 319 to 332

• Sections 334

• Sections 344 to 348

• Sections 350 to 354

• Sections 357 and 358

• Sections 360 to 366

• Section 368

• Sections 392 to 394

• Section 398

• Section 400

• Sections 402 to 406

• Sections 410 and 411

• Schedules 1, 2, 5, 8 to 10, 13 to 15 and 17 to 19.

(2) For the purpose of construing those provisions as so extended as part of the law of the Isle of Man, any reference to an enactment which extends to the Isle of Man shall, except where a contrary intention appears, be construed as a reference to that enactment as it has effect in the Isle of Man.

A. K. Galloway

Clerk of the Privy Council