Wireless Telegraphy (Jersey) Order 2006

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (07.12.06) to make the Wireless Telegraphy (Jersey) Order 2006

Subject:	The Wireless Telegraphy (Jersey) Order 2006
Decision Reference:	MD-E-2006-0213		Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:
Written report – Title	The Wireless Telegraphy (Jersey) Order 2006
Written report – Author (name and job title)	Jason Lane, Director of Regulatory Services
Decision(s): The Minister, as authorised by Act of the States dated 22nd November 2006, has requested extension of the Wireless Telegraphy Act 2006 to Jersey. The Order will extend to the Bailiwick of Jersey the Wireless Telegraphy Act 2006 (“the Act”), which consolidates all the provisions relating to wireless telegraphy formerly contained in a number of Acts of Parliament. The relevant Acts of Parliament which apply to the Bailiwick of Jersey are— The Wireless Telegraphy Act 1949 (c.54) The Marine,&c., Broadcasting (Offences) Act 1967 (c.41) The Wireless Telegraphy Act 1967 (c.72) The Telecommunications Act 1984 (c.12) The Broadcasting Act 1990 (c.42) The Wireless Telegraphy Act 1998 (c.6) The Communications Act 2003 (c.21) The Order sets out the provisions of the Act which are to extend. The modifications which are to apply are set out in Schedule 1 to the Order. Schedule 2 sets out the modifications to and the revocations of previous Orders in Council.
Reason(s) for decision: The States, pursuant to of Article 31(1)(b) of the States of Jersey Law 2005, has agreed that the Act should be extended to Jersey. The States had been requested to consider the matter by the Office of Communications in the UK in order that licensing matters can be considered in broadly the same manner in both jurisdictions. The Order simplifies and consolidates existing provisions.
Action required: Jason Lane to inform Richard Whitehead, Principal Legal Adviser, that the Minister has approved the making of the Order so that he can notify the UK Authorities through official channels. Once made by the Privy Council the Order will be returned through official channels for registration in the Royal Court and publication in Jersey.
Signature: Senator Philip Ozouf Minister for Economic Development		Date of Decision:

Wireless Telegraphy (Jersey) Order 2006

WIRELESS TELEGRAPHY ( JERSEY ) ORDER 2006

REPORT

The Minister has been authorised by Act of the States dated 22nd November 2006 to request extension of the Wireless Telegraphy Act 2006 to Jersey. The Order will extend to the Bailiwick the Wireless Telegraphy Act 2006, which consolidates all the provisions relating to wireless telegraphy formerly contained in a number of Acts of Parliament. The relevant Acts of Parliament which apply to the Bailiwick of Jersey are—

The Wireless Telegraphy Act 1949 (c.54)

The Marine,&c., Broadcasting (Offences) Act 1967 (c.41)

The Wireless Telegraphy Act 1967 (c.72)

The Telecommunications Act 1984 (c.12)

The Broadcasting Act 1990 (c.42)

The Wireless Telegraphy Act 1998 (c.6)

The Communications Act 2003 (c.21)

The Order (attached) sets out the provisions of the Act which are to extend. The modifications which are to apply are set out in Schedule 1 to the Order. Schedule 2 sets out the modifications to and the revocations of previous Orders in Council. The Order may be subject to very minor drafting corrections before being sanctioned.

The States had been requested to consider the matter by the Office of Communications in the UK in order that licensing matters can be considered in broadly the same manner in both jurisdictions. The Order simplifies and consolidates existing provisions.

The Order is to be considered at the next Privy Council meeting on 14th December 2006.

Dr Jason Lane

Director of Regulatory Services

4th December 2006

STATUTORY INSTRUMENTS

2006 No.

bRoadcasting

electronic communications

wireless telegraphy

The Wireless Telegraphy (Jersey) Order 2006

Made - - - - 14th December 2006

Coming into force - - 8th February 2007

At the Court at Buckingham Palace, the 14th day of December 2006

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by section 15(6) of the Wireless Telegraphy Act 1967([1]), section 204(6) of the Broadcasting Act 1990([2]), section 12(4) of the Intelligence Services Act 1994([3]), section 150(4) of the Broadcasting Act 1996([4]) and section 411(6) of the Communications Act 2003([5]), all as they have effect by virtue of section 118(6) of the Wireless Telegraphy Act 2006([6]), and sections 118(3) and (6) and 119(3) of, and paragraph 24 of Schedule 8 to, the Wireless Telegraphy Act 2006, is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Wireless Telegraphy (Jersey) Order 2006 and shall come into force on 8th February 2007.

(2) In this order—

(a) “Jersey” means the Bailiwick of Jersey;

(b) “the Act” means the Wireless Telegraphy Act 2006.

(3) For the purposes of construing the provisions of the Act as extended by this Order as part of the law of Jersey, any reference to an enactment which extends to Jersey shall, except where a contrary intention appears, be construed as a reference to that enactment as it has effect in Jersey.

Extension of the Wireless Telegraphy Act 2006 to Jersey

2. The following provisions of the Act shall extend to Jersey with the modifications set out in Schedule 1 to this Order:—

in Part 1 (general provisions about radio spectrum) – section 1 and sections 3 to 7;

in Part 2 (regulation of radio spectrum) – the whole part other than sections 30 and 51;

in Part 3 (regulation of apparatus) – sections 54 to 61 and 68;

Part 5 (prohibition of broadcasting from sea or air) – the whole Part;

in Part 6 (general) – sections 97 to 103, sections 105 to 108, 110 to 119 and 121, 122, 124, 125 and 126;

Schedules 1 to 3, 5 and 7 to 9.

Extension of other instruments

3.—(1) Subject to paragraph (2), sections 43(1) to (3) and 116(1) and (2) of the Act shall have effect as if an order made by the Secretary of State under subsections 43(4) and 116(3), respectively, and which is for the time being in force in the United Kingdom, had extended to Jersey.

(2) No order under sections 43(4) or 116(3) shall have effect in Jersey until the day following the day it is registered in the Royal Court of Jersey, or on the day specified in the instrument for its coming into force, whichever is the later.

Modification and revocation of other instruments

4.—(1) The Communications (Jersey) Order 2003([7]) is modified as specified in Part 1 of Schedule 2.

(2) The instruments mentioned in Part 2 of Schedule 2 are revoked to the extent specified in that Part.

Meriel McCullagh

Deputy Clerk of the Privy Council

SCHEDULE 1 Article 2

Modifications with which provisions of the Wireless Telegraphy Act 2006 extend to Jersey

1. In section 1 (general functions)—

(a) in subsection (2), after “United Kingdom” insert “on behalf of Jersey”;

(b) after subsection (2), insert—

(2A) Before requiring OFCOM to do or undertake anything under subsection (2) in respect of Jersey, the Secretary of State shall consult with the Minister.; and

2. In section 5 (directions of the Secretary of State), after subsection (5) insert—

(6) Before making an order under this section which relates to the management of the radio spectrum in respect of Jersey, the Secretary of State shall consult the Minister..

3. In section 6 (procedure for directions), omit subsections (4) to (7).

4. In section 8 (licences and exemptions)—

(a) in subsection (2)—

(i) in paragraph (b), for “purpose.” substitute “purpose; or”; and

(ii) after paragraph (b) insert—

(c) the installation or use of any television receiver by a person who is a dealer in such receivers where the installation or use is solely for the purpose of doing any one or more of the following in the course of his business as such a dealer, namely, demonstrating, testing or repairing such receivers; and

(b) after subsection (5) insert the following—

(6) The functions of OFCOM under this section, insofar as they relate to programme making, as defined in the Contracting Out (Functions relating to Wireless Telegraphy) Order 1996([8]), may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf in the United Kingdom by OFCOM under that Order..

5. In section 9 (terms, provisions and limitations), omit subsection (6).

6. In section 11 (surrender of licence) in subsection (4)—

(a) omit “on summary conviction”; and

(b) for “level 3” substitute “level 2”.

7. In section 18 (grant of recognised spectrum access)—

(a) in subsection (1)(c), for “at places in the United Kingdom or in the UK territorial sea” substitute “at places in Jersey or in Jersey’s territorial sea”;

(b) in subsection (2), for “the United Kingdom” in each place where these words occur substitute “Jersey”; and

8. In section 33 (failure to provide information etc.)—

(a) in subsection (3), for “level 3” substitute “level 2”; and

(b) in subsection (5), for “level 5” substitute “level 4”.

9. In section 35 (unauthorised use of wireless telegraphy station)—

(a) in subsection (2), for the words from “liable” to the end substitute “liable to imprisonment for a term not exceeding two years or to a fine or to both.”;

(b) omit subsection (3);

(c) in subsection (4), for the words from “on summary conviction” to the end substitute “to a fine not exceeding level 2 on the standard scale.”;

(d) in subsection (5), for the words “on summary conviction” to the end substitute “to imprisonment for a term not exceeding one year or to a fine not exceeding level 3 on the standard scale, or to both.”; and

(e) omit subsection (6).

10. In section 36 (keeping available for unauthorised use)—

(a) in subsection (2), for the words from “liable” to the end substitute “liable to imprisonment for a term not exceeding two years or to a fine, or to both.”;

(b) omit subsection (3);

(c) in subsection (4), for the words from “on summary conviction to the end substitute “to a fine not exceeding level 2 on the standard scale.”;

(d) in subsection (5), for the words from “on summary conviction” to the end substitute “to imprisonment for a term not exceeding one year or to a fine not exceeding level 4 on the standard scale, or to both.”; and

(e) omit subsection (6).

11. In section 37 (allowing premises to be used for unlawful broadcasting)—

(a) in subsection (2), for the words from “liable” to the end substitute “liable to imprisonment for a term not exceeding two years or to a fine, or to both.”; and

(b) omit subsection (3).

12. In section 38 (facilitating unauthorised broadcasting)—

(a) in subsection (6), for the words from “liable” to the end substitute “liable to imprisonment for a term not exceeding two years or to a fine, or to both.”;

(b) omit subsection (7).

13. In section 41 (procedure for prosecutions) omit subsections (7) and (8).

14. In section 43 (amount of penalty under section 42), omit subsections (4) and (5).

15. In section 44 (relevant amount of gross revenue), for subsection (9)(b) substitute the following—

(b) send a copy of the statement and every such revision to the Treasurer of the States of Jersey..

16. In section 46 (offences)—

(a) in subsection (2) for the words from “liable” to the end, substitute “liable to a fine not exceeding level 2 on the standard scale.”; and

(b) in subsection (3), for the words from “liable” to the end substitute “liable to a fine not exceeding level 4 on the standard scale.

17. In section 47 (misleading messages)—

(a) in subsection (4), for the words from “liable” to the end, substitute “liable to imprisonment for a term not exceeding two years or to a fine, or to both.”; and

(b) omit subsection (5).

18. In section 48 (interception and disclosure of messages)—

(a) in subsection (4), for the words from “liable” to the end substitute “liable to a fine not exceeding level 4 on the standard scale.”; and

(b) for subsection (5) substitute—

(5) “Designated person” means—

(a) the Attorney General;

(b) any person designated for the purposes of this section and section 49 by the Attorney General..

19. In section 49 (interception authorities)—

(a) for subsection (2) substitute the following—

(2) Conduct falls within this subsection if it is—

(a) conduct that, if engaged in without lawful authority, constitutes an offence under Article 5(1) or (2) of the Regulation of Investigatory Powers (Jersey) Law 2005;

(b) conduct that, if engaged in without lawful authority, is actionable under Article 6 of that Law;

(c) conduct that is capable of being authorised by an authorisation or notice granted under Chapter 2 of Part 2 of that Law (Communications data); or

(d) conduct that is capable of being authorised by an authorisation granted under Part 3 of that Law.;

(b) in subsection (4), for “the United Kingdom” substitute “Jersey”;

(7) An interception authority must be in writing under the hand of the Attorney General. ;

(d) omit subsection (9);

(e) in subsection (10)—

(i) for “Part 1” substitute “Part 2”;

(ii) for “Act 2000 (c.23).” substitute “(Jersey) Law 2005.”;

(iii) for “Part 2” substitute “Part 3”.

(f) in subsection (11), for the words “Part 1 or 2” substitute “Part 2 or 3” and for the words “Act 2000” substitute “(Jersey) Law 2005”; and

(g) for subsection (12) substitute the following subsection—

(12) In this section “crime” has the meaning given by Article 1(1) of the Regulation of Investigatory Powers (Jersey) Law 2005..

20. In section 50 (apparatus on foreign registered ships)—

(a) in subsection (1), for “the United Kingdom and UK territorial sea” substitute “Jersey and Jersey’s territorial sea”;

(b) for subsection (3), substitute the following subsection—

(3) Any Regulations made under subsection (2) above, which specify a penalty for an offence against those Regulations by reference to a level on the standard scale, shall have effect in relation to Jersey as if for each such reference there were substituted a reference to the next lower level in the standard scale as defined in section 115..

(i) in paragraph (a), for “the United Kingdom” substitute “Jersey”; and

(ii) in paragraph (b), for “any of the Channel Islands” substitute “Bailiwick of Guernsey”.

21. In section 53 (surrender of authority) in subsection (3)—

(a) omit “on summary conviction”; and

(b) for “level 3” substitute “level 2”.

22. In section 54 (regulations about use and sale of apparatus) omit subsection (8).

23. In section 57 (appeal against notice under section 55 or 56 etc.) omit subsections (4) and (5).

24. In section 58 (contravening notice under section 55 or 56)—

(a) in subsection (2)—

(i) omit “on summary conviction”;

(ii) in paragraph (a), for “level 5” substitute “level 4”; and

(iii) in paragraph (b), for “level 3” substitute “level 2”;

(b) omit subsection (3); and

(i) omit “on summary conviction”;

(ii) in paragraph (a), for “level 5” substitute “level 4”; and

(iii) in paragraph (b), for “level 3” substitute “level 2”.

25. In section 59 (entry and search of premises etc.)—

(a) in subsection (1), for “A justice of the peace” substitute “The Bailiff”;

(b) in subsections (1)(c), (2), (3), (4) and (6), for the word “justice” in each place where it occurs substitute “Bailiff”;

(d) in subsection (7), after “A” insert “police officer accompanying a”;

(e) in subsection (8) omit “by the person”; and

(f) omit subsection (10).

26. In section 60 (obstruction and failure to assist) in subsection (2)—

(a) omit “on summary conviction”; and

(b) for “level 5” substitute “level 4”.

27. In section 68 (deliberate interference)—

(a) in subsection (3), for all the words from “liable” to the end substitute “liable to imprisonment for a term not exceeding two years or to a fine, or to both”; and

(b) omit subsection (4).

28. In section 77 (broadcasting from ships and aircraft) in subsection (1), for “the United Kingdom” substitute “Jersey”.

29. In section 78 (broadcasting from marine structures) in subsection (1), for “the United Kingdom” substitute “Jersey”.

30. In section 79 (broadcasting from prescribed areas of high seas), for “the United Kingdom” wherever they occur substitute “Jersey”.

31. In section 80 (acts connected with broadcasting) in subsection (1), for “British person” substitute “Island person”. In section 81 (Management of station) in subsection (1), for “the United Kingdom” substitute “Jersey”.

32. In section 81 (management of station) in subsection (1), for the “United Kingdom” substitute “Jersey”.

33. In section 86 (facilitation offences territorial scope)—

(a) in subsection (2) and (3), for “the United Kingdom” substitute “Jersey”; and

(b) in subsection (6), for “a British person” substitute “an Island person”.

34. In section 87 (procuring person to commit offence abroad), for “the United Kingdom” wherever they occur, substitute “Jersey”.

35. In section 88 (enforcement officers), for paragraphs (d) and (e) in subsection (1) substitute the following—

(d) customs officers; and

(e) fisheries officers..

36. In section 89 (enforcement powers) in subsection (2)(a)(i), for “United Kingdom” substitute “Jersey”.

37. In section 91 (exercise of powers) in subsection (1), for “the United Kingdom” substitute “Jersey”.

38. For section 93 (penalties and proceedings) substitute the following section—

Penalties and Proceedings

93.—(1) A person who commits an offence under this Part is liable to imprisonment for a term not exceeding two years or to a fine, or to both.

(2) Proceedings for an offence under this Part may only be instituted by or with the consent of the Attorney General..

39. In section 95 (Part 5: interpretation)—

(a) in subsection (1)—

(i) in the definition of “external waters” for “the United Kingdom” substitute “Jersey” and for “UK” substitute “Jersey’s”;

(ii) in the definition of “high seas” for “UK” substitute “Jersey’s” and for “the United Kingdom” substitute “Jersey”; and

(b) for subsection (2) substitute the following subsection—

(2) For the purposes of this Part references to an “Island person” are references to—

(a) a British citizen, a British overseas territories citizen, a British National (overseas) or a British Overseas citizen;

(b) a person who, under the British Nationality Act 1981 (c.61) is a British subject; or

who is ordinarily resident in Jersey..

40. In section 97 (powers of entry and search)—

(a) in subsection (1), for “A justice of the peace” substitute “The Bailiff”;

(b) in subsection (2), for “constable or” substitute “police officer, who may be accompanied by”;

(d) in subsection (6), for “A person authorised by OFCOM or the Secretary of State to exercise a power conferred by this section” substitute “A police officer”; and

(e) omit subsection (9).

41. In section 98 (obstruction and failure to assist) in subsection (2)—

(a) omit the words “on summary conviction”; and

(b) for the words “level 5” substitute “level 4”.

42. In section 99 (powers of seizure)—

(a) for subsection (1)(a) substitute the following—

(a) any offence under this Act punishable by imprisonment, other than an offence under section 111;.

(b) in subsection (2), for “person authorised by OFCOM to exercise the powers conferred by this subsection” substitute “police officer”;

(d) in subsection (4), for “person authorised by OFCOM to exercise a power conferred by this section” substitute “police officer”; and

(e) in subsections (6), for “constable” substitute “police officer”.

43. In section 100 (obstruction) in subsection (2)—

(a) omit “on summary conviction”; and

(b) for “level 5” substitute “level 4”.

44. In section 101 (detention and disposal of property) in subsection (1) omit “ by a person authorised by OFCOM”.

45. In section 107 (proceedings and enforcement)—

(a) in subsection (1)—

(i) for “UK” substitute “Jersey’s”; and

(ii) for “the United Kingdom” substitute “Jersey”.

(b) for subsection (2) substitute the following—

(2) For the purposes of enforcement of any provision falling within subsection (3), a member of the Honorary Police of a parish has in any area of the sea within the seaward limits of Jersey’s territorial sea all the powers protections and privileges which he has in that parish.; and

46. In section 108 (civil proceedings)—

(a) in subsection (2), for “the Crown” substitute “the Attorney General”; and

(b) omit subsection (3).

47. In section 110 (criminal liability of company directors, etc.)—

(a) omit subsection (2);

(b) after subsection (3) insert the following subsection—

(4) A person who aids, abets, counsels or procures the commission of an offence under this Act shall also be guilty of an offence and liable in the same manner as a principal offender to the penalty provided for that offence..

48. In section 111 (general restrictions)—

(a) in subsection (3)—

(i) in paragraph (b), for “any relevant person” substitute “the Secretary of State”;

(ii) omit paragraphs (c) and (d); and

(iii) in paragraph (f), after “United Kingdom” insert “on behalf of Jersey”; and

(b) omit subsection (4);

(d) omit subsection (8);

(e) in subsection (10), for all the words from “is liable” to the end substitute “is liable to imprisonment for a term not exceeding two years or to a fine, or to both.”;

(f) omit subsection (11); and

(g) in subsection (12) omit the definitions of “the Consumer Panel” and “the Welsh Authority”.

49. In section 112 (service of documents)—

(a) in subsection (6), for “section 7 of the Interpretation Act 1978 (c.30) (service of documents by post)” substitute “Article 7 of the Interpretation (Jersey) Law 1954”;

(b) in subsection (7), for “the United Kingdom” wherever they occur substitute “Jersey”.

50. In section 115 (general interpretation)—

(a) in subsection (1)—

(i) the following definitions shall be inserted in the appropriate alphabetical order—

“customs officer” means the Agent of the Imports and a person appointed as a customs officer under Article 14 of the Customs and Excise (Jersey) Law 1999;

“fisheries officer” means a person appointed as a fisheries officer under Article 15 of the Sea Fisheries (Jersey) Law 1994 or deemed under that Article to be a fisheries officer;

“Island person” has the meaning given by section 95(2);

“Jersey” means the Bailiwick of Jersey and the territorial sea adjacent thereto;

“Jersey’s territorial sea” means the territorial sea adjacent to Jersey;

“the Minister” means the Minister for Economic Development;

“Police officer” means a member of the Honorary Police or a member of the States of Jersey Police Force;

“Standard scale” means the standard scale of fines for the time being in the Schedule to the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993;;

(ii) omit the definition of “UK territorial sea”;

(iii) for the definition of “electric line” substitute—

“electric line” means any line which is used for carrying electricity for any purpose and includes, unless the context otherwise requires—

(a) any support for such line, that is to say any structure, pole or other thing in, on, by or from which any such line is or may be supported, carried or suspended;

(b) any apparatus connected to any such line for the purpose of carrying electricity; and

(c) any wire, cable, tube, pipe or other similar thing (including its case or coating) which surrounds or supports or is supported, carried or suspended in association with, any such line.;

(iv) for the definition of “film” substitute—

“film” means a sound recording on any medium from which a moving image may by any means be produced.;

(v) in the definition of “international obligation of the United Kingdom” after “United Kingdom” insert “on behalf of Jersey” and omit “any Community obligation and”; and

(b) omit subsection (6).

51. In section 116 (“wireless telegraphy”) omit subsection (4).

52. In section 118 (extent) omit subsections (1), (3) and (4).

53. In section 119 (territorial application)—

(a) in subsection (1)(a), for “the United Kingdom or UK territorial sea” substitute “Jersey or Jersey’s territorial sea.”;

(b) in subsection (1)(b)—

(i) for “the United Kingdom” where they first occur substitute “Jersey”; and

(ii) for “United Kingdom or UK territorial sea” substitute “Jersey or Jersey’s territorial sea”;

(i) for “the United Kingdom or UK territorial sea” in each place where they occur substitute “Jersey or Jersey’s territorial sea”; and

(ii) for paragraph (ii) substitute—

(ii) for a ship that is a British ship or an aircraft registered in the United Kingdom ; and

(d) omit subsections (3) and (4).

54. In section 121 (orders and regulations made by the Secretary of State)—

(a) omit subsections (1) and (2); and

(b) after subsection (3) insert—

(4) Any statutory instrument made by the Secretary of State pursuant to this Act shall not have effect in Jersey until it is registered in the Royal Court of Jersey and where any such statutory instrument is so registered, it shall have effect on the day following the day of such registration or on the day specified in the instrument for its coming into force, whichever is the later..

55. In section 122 (orders and regulations made by OFCOM)—

(a) omit subsections (2) and (3);

(b) after subsection (7) insert the following subsection—

(8) Any statutory instrument made by OFCOM pursuant to this Act shall not have effect in Jersey until it is registered in the Royal Court of Jersey and where any such statutory instrument is so registered, it shall have effect on the day following the day of such registration or on the day specified in the instrument for its coming into force, whichever is the later..

56. In section 126 (short title and commencement) omit subsection (2).

57. In Schedule 2 (procedure for grants of recognised spectrum access)—

(a) in paragraph 6(12)(b), after “United Kingdom” insert “on behalf of Jersey”.

(b) in paragraph 7(4)(c), after “United Kingdom” insert “on behalf of Jersey”.

58. In Schedule 5 (forfeiture on conviction)—

(a) in paragraph 1(1), for “OFCOM” substitute “the Treasurer of the States of Jersey”;

(b) in paragraph 1(4) omit clause (b);

(d) for paragraph 4 substitute—

4. Apparatus ordered to be forfeited under paragraph 1 or 2 may be retained, disposed or deal with by the Treasurer of the States of Jersey in such manner as he may think fit..

(e) in paragraph 5 for “OFCOM” in each place where they occur, substitute “The Treasurer of the States of Jersey”; and

(f) omit paragraphs 6 and 7.

59. In Schedule 7—

(a) omit paragraph 1 to 8, 15, 16, 19 to 24, 33, 35, 37 and 38; and

(b) for paragraph 31 substitute the following—

(31) In section 393 (General restrictions on disclosure of information) in subsection (5) after paragraph (l) insert—

(la) the Wireless Telegraphy Act 2006;.

60. In Schedule 8 (Transitional provisions, savings and transitory modifications)-

(a) omit paragraphs 5, 9, 10, 16 to 22, 25, 26, 28 and 29;

(b) in paragraph 12 (1) omit “20(2) or” and in paragraph 12(3) omit “20 or”.

61. In Schedule 9 (Repeals)—

(a) in Part 1, omit all the items and entries except those in respect of—

Wireless Telegraphy Act 1949;

Marine etc. Broadcasting (Offences) Act 1967;

Wireless Telegraphy Act 1967;

Telecommunications Act 1984;

Broadcasting Act 1990; and

Communications Act 2003;

(b) Omit Part 2.

SCHEDULE 2 Article 4

PART 1

Modifications of Communications (Jersey) Order 2003([9])

1. For article 4 substitute—

4. The Secretary of State shall not request OFCOM under subsection (2) of section 22 of the 2003 Act to do as respects Jersey one or more of the things set out in subsection (1) of that section unless he has first consulted the appropriate authorities in Jersey..

2. In article 6—

(a) In the item Part 6 (Miscellaneous and Supplementary) for “sections 390 to 396, 400 and 402 to 406, 410 and 411”; substitute “sections 390 to 392, 393 (1) (a), (c) and (d), (2) to (4), (5), (c) to (k), (m) to (p) and 394(1), (2)(a), (b), (d) to (f), (3) to (10), 395, 396, 400, 402 (1), (2) (a), (c), (3), 403, 404 (1) to (3), (4)(a), (d) and (e), and sections 405 and 406, 410 and 411”; and

(b) For the item “Schedule 1, 2, 5, 8 to 15 and 17 to 19” substitute “Schedule 1, paragraphs 3 to 14, Schedule 2, Schedule 8, paragraphs 1 to 12, Schedules 9 to 15, Schedule 17 paragraphs 1 to 5, 19 to 31, 39 to 63, 70, 72(1) and (3) to (7), 73 to 144, and 152 to 175, Schedule 18, paragraphs 1 to 5 and 7, to 19, 22 to 54, 56 to 62 and 64 and Schedule 19 (apart from Notes 1 and 3)”.

3. In Schedule 2 (Modifications with which provisions of the Communications Act 2003 extend to Jersey)—

(a) for paragraph 101, substitute “In Schedule 8 (Decisions not subject to appeal), omit paragraphs 3 to 12, 37, the words “or 62” in paragraph 40(b) and paragraph 46.”;

(b) for paragraph 109(a) substitute—

(a) omit paragraphs 2 to 5, 19 to 31, 39 to 63, 70 to 72(1), 72(3) to (9), 73 to 144, 152 to 171 and 173 to 175.; and

(c) in paragraph 110(a) substitute “omit paragraphs 2(4), 3, 4, 7 to 19, 22, 24 and 25, 26(8), 27 to 29, 38, 45, 56 to 62 and 64.”.

4. After sub-paragraph 110(c) insert—

(cc) in paragraph 23 omit sub-paragraph 1(c)(i);

(cd) in sub-paragraph (2) omit the words “(or that Act of 1949); and

(ce) omit sub-paragraph (3)..

5. In paragraph 111 insert at the end a new sub-paragraph as follows—

(f) omit Notes 1 to 3 of Schedule 19.

PART 2

Revocations

Revocations	Reference	Extent of revocation
The Wireless Telegraphy (Channel Islands) Order 1952	S.I. 1952/1900	The whole of the Order insofar as it applies to Jersey
The Marine & c, Broadcasting (Offences) (Jersey) Order 1967	S.I. 1967/1275	The whole of the Order
The Wireless Telegraphy (Channel Islands) Order 1967	S.I. 1967/1279	The whole of the Order insofar as it applies to Jersey
The Wireless Telegraphy (Channel Islands) (Amendment) Order 1997	S.I. 1997/284	The whole of the Order insofar as it applies to Jersey
The Wireless Telegraphy (Jersey) Order 1998	S.I. 1998/1512	The whole of the Order
The Wireless Telegraphy (Jersey) Order 2003	S.I. 2003/3196	The whole of the Order
The Communications (Jersey) Order 2003	S.I. 2003/3197	In article 6 the words “Chapter 2 (Spectrum use): sections 152, 154 to 167, 169 to 179 and 183 and 184”. In Schedule 2 (Modifications with which provisions of the Communications Act 2003 extend to Jersey), paragraphs 15 to 25, 91(1)(ii), 98(a), 100, 109(b) to (l).
The Broadcasting and Communications (Jersey) Order 2004	S.I. 2004/308	Part 1 of Schedule 2 to the Order (Amendments of the Wireless Telegraphy (Jersey) Order), and in Part 3 of Schedule 2 (Amendments of the Communications (Jersey) Order 2003), paragraphs (b), (c) and (n) only.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order extends to the Bailiwick of Jersey provisions of the Wireless Telegraphy Act 2006 (“the Act”), which consolidates all the provisions relating to wireless telegraphy formerly contained in a number of Acts of Parliament. The relevant Acts of Parliament which apply to the Bailiwick of Jersey are—

The Wireless Telegraphy Act 1949 (c.54)

The Marine,&c., Broadcasting (Offences) Act 1967 (c.41)

The Wireless Telegraphy Act 1967 (c.72)

The Telecommunications Act 1984 (c.12)

The Broadcasting Act 1990 (c.42)

The Intelligence Services Act 1994 (c.13)

The Wireless Telegraphy Act 1998 (c.6)

The Communications Act 2003 (c.21)

The Order sets out the provisions of the Act which are to extend to the Bailiwick of Jersey. The modifications which are to apply are set out in Schedule 1 to the Order. Schedule 2 sets out modifications to, and revocations of, previous Orders in Council.

The Order will come into effect on 8th February 2007.

([1]) 1967 c.72.

([2]) 1990 c.42.

([3]) 1994 c.13.

([4]) 1996 c.55.

([5]) 2003 c.21.

([6]) 2006 c.36.

([7]) S.I. 2003/3197.

([8]) S.I. 1996/2290.

([9]) SI 2003/3197.