The Broadcasting and Communications (Isle of Man) (No. 3) Order 2004

Statutory Instruments

2004 No. 1115

ELECTRONIC COMMUNICATIONS

BROADCASTING

The Broadcasting and Communications (Isle of Man) (No. 3) Order 2004

Made

14th April 2004

Coming into force

23rd April 2004

At the Court at Windsor Castle, the 14th day of April 2004

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty in exercise of the powers conferred upon Her by sections 402(3)(b) and (c) and 411(6) and (8) of the Communications Act 2003(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 Broadcasting and Communications (Isle of Man) (No. 3) Order 2004 and shall come into force on 23^rd April 2004.

2.  Article 6(1) of the Communications (Isle of Man) Order 2003(2) is amended as follows—

(a) in the list of section numbers, omit the words “Sections 275 to 308”; and

(b) immediately below the words “Section 271” insert—

• “Sections 275 to 298

• Section 299, except subsections (1), (3) and (4)

• Sections 301 to 308”.

A.K.Galloway

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order further amends the Communications (Isle of Man) Order 2003 (S.I. 2003/3198) (the 2003 Order), which extended, in part, the Communications Act 2003 (the 2003 Act) to the Isle of Man.

In particular the Order amends article 6 of the 2003 Order, in so far as it extends sections 299(1), (3) and (4) and 300 of the 2003 Act to the Isle of Man. These provisions, which amend the Broadcasting Act 1996 (1996 c. 55), concern the regulation of the broadcasting of sporting and other events of national interest.

It had been intended that article 6, in so far as it relates to these provisions, would come into effect on 30th June 2004 under the Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003 (S.I. 2003/3142/c.125) (the Commencement Order). This was the same date that the provisions were to come into force in the United Kingdom.

However, the Department for Culture, Media and Sport, which has responsibility for the implementation of the 2003 Act, now intends to remove the commencement provision in relation to sections 299(1), (3) and (4) and 300 without for the time being specifying an alternative commencement date.

So as to ensure the co-ordinated implementation of the provisions of the 2003 Act across the United Kingdom and the Crown Dependencies, article 6 has been amended so that sections 299(1), (3) and (4) and 300 will not be extended on 30^th June 2004.

Section 299(2) of the 2003 act, extended to the Isle of Man by the 2003 Order, came into force on 29^th December 2003.

The 2003 Order has previously been amended by the Broadcasting and Communications (Isle of Man) Order 2004 (S.I. 2004/309) and the Broadcasting and Communications (Isle of Man) (No. 2) Order 2004 (S.I. 2004/718).

(1)

2003 c. 21, extended in part to the Isle of Man by S.I. 2003/3198.

(2)

S.I. 2003/3198, which was amended by S.I. 2004/309 and 2004/718.