The Broadcasting Act 1981 (Channel Islands) Order 1987 No. 2205


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Statutory Instruments

1987 No. 2205

BROADCASTING

The Broadcasting Act 1981 (Channel Islands) Order 1987

Made

18th December 1987

Coming into force

1st February 1988

At the Court at Buckingham Palace, the 18th day of December 1987

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in pursuance of section 66(3) of the Broadcasting Act 1981(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 Act 1981 (Channel Islands) Order 1987 and shall come into force on 1st February 1988.

2.  In this Order, "Channel Islands" means Jersey and Guernsey and "Jersey" and "Guernsey" mean the Bailiwicks of Jersey and Guernsey, respectively.

3.  It is hereby directed that the provisions of the Broadcasting Act 1981(2) extend to the Channel Islands with the adaptations and modifications specified in the Schedule to this Order.

4.  The Independent Broadcasting Authority Act 1973 (Channel Islands) Order 1979(3), the Independent Broadcasting Authority Act 1979 (Channel Islands) Order 1980(4), and the Broadcasting Act 1980 (Channel Islands) Order 1981(5) are hereby revoked.

G.I. de Deney

Clerk of the Privy Council

Article 3

SCHEDULEADAPTATIONS AND MODIFICATIONS IN THE EXTENSION OF THE BROADCASTING ACT 1981 TO THE CHANNEL ISLANDS

1.  Unless the context otherwise requires, any reference to a provision of the Broadcasting Act 1981 or of any other Act of Parliament which has been extended to Jersey or Guernsey or both shall be construed as a reference to that provision as extended.

2.  Any reference to local sound broadcasts or to local sound broadcasting services shall be construed as a reference only to local sound broadcasts or to local sound broadcasting services provided by the Independent Broadcasting Authority in the United Kingdom by virtue of the Broadcasting Act 1981, as it has effect in the United Kingdom.

3.  In section 2-

(a)paragraph (b) of subsection (4) shall be omitted; and

(b)for subsection (6) there shall be substituted the following subsection:-

"(6) Any order made by the Secretary of State under subsection (5) as it has effect in the United Kingdom shall have effect in Jersey or Guernsey if registered by the Royal Court of Jersey or the Royal Court of Guernsey as the case may be.".

4.  In section 3(7), for the words from "section 15" to the end of the subsection there shall be substituted the words ", in the case of Jersey, Article 5 of the Telecommunications (Jersey) Law 1972 and, in the case of Guernsey, section 7 of the Telecommunications (Guernsey) Law 1972, anything for the doing of which such a licence is required under that Act or either of those Laws; and that Act and those Laws shall have effect in relation to the Authority accordingly.".

5.  In section 4-

(a)in subsection (6), after the word "authorities" there shall be inserted the words "or proceedings of the States of Jersey, the States of Guernsey, the States of Alderney or the Chief Pleas of Sark"; and

(b)paragraph (b) of subsection (7) shall be omitted.

6.  In section 8 for subsection (10) there shall be substituted the following subsections:-

"(10) Any regulations made by the Secretary of State under this section as it has effect in the United Kingdom shall have effect in Jersey or Guernsey if registered by the Royal Court of Jersey or the Royal Court of Guernsey, as the case may be.

(11) In relation to any programme broadcast in the Channel Islands the reference in subsection (7)(e) to a Minister of the Crown shall include references to the Lieutenant Governors of Jersey and Guernsey and the Bailiffs of Jersey and Guernsey.".

7.  Sections 10(4), 17, 18, 26 and 28 shall be omitted.

8.  In section 29-

(a)subsection (6) shall be omitted; and

(b)for subsection (8) there shall be substituted the following subsection:-

"(8) In relation to any television broadcasting station in the Channel Islands, the reference in subsection (1) to a Minister of the Crown shall include a reference to the Lieutenant Governors of Jersey and Guernsey and the Bailiffs of Jersey and Guernsey.".

9.  In section 30 for subsection (3) there shall be substituted the following subsection:-

"(3) Any regulations made by the Secretary of State under this section as it has effect in the United Kingdom shall have effect in Jersey or Guernsey if registered by the Royal Court of Jersey or the Royal Court of Guernsey, as the case may be.".

10.  For section 32 there shall be substituted the following section:-

The contracts between the Authority and the various programme contractors shall provide for payments to be made by the programme contractors to the Authority representing what appear to the Authority to be the appropriate contributions of the respective programme contractors towards meeting the sums which the Authority regard as necessary in order to discharge their duty under section 36(2) of this Act.".

11.  Sections 33, 34, 35, 38, 39, 40(5) and 41 shall be omitted.

12.  In section 44, for subsection (3) there shall be substituted the following subsection:-

"(3) The reference in subsection (2) to the Secretary of State shall include-

(a)in relation to any agreement affecting employment in Jersey, a reference to the Industrial Disputes Officer appointed under the Industrial Disputes (Jersey) Law 1956 as amended from time to time; and

(b)in relation to any agreement affecting employment in Guernsey, a reference to the Labour and Welfare Committee of the States of Guernsey.".

13.  Part II (sections 46 to 52) shall be omitted.

14.  In section 53, subsections (2) to (5) shall be omitted.

15.  In section 55(4)-

(a)in paragraph (b), after the words "United Kingdom" there shall be inserted the words "or Channel Islands"; and

(b)in paragraph (c), after the words "United Kingdom" there shall be inserted the words "or Channel Islands".

16.  Section 60 shall be omitted.

17.  In section 63-

(a)in subsection (1), the definition of "the Welsh Authority" shall be omitted; and

(b)subsection (2) shall be omitted.

18.  Sections 64, 65(1) and (2) and 66(2), (3) and (4) shall be omitted.

19.  In Schedule 3, the references in Part I to provisions of the Broadcasting Act 1981 shall be construed subject to the provisions of this Schedule, and Part II shall be omitted.

20.  Schedules 4, 5, 6 and 7 shall be omitted.

21.  In Schedule 8, paragraphs 3, 5, 6 and 8 shall be omitted.

22.  Schedule 9 shall have effect in relation only to such of the enactments specified there as have effect in the Channel Islands.

Explanatory Note

(This note is not part of the Order)

This Order extends the Broadcasting Act 1981 as amended by the Cable and Broadcasting Act 1984 and the Broadcasting Act 1987 to the Channel Islands with the adaptations and modifications specified in the Schedule to the Order. The Orders in Council which extended provisions consolidated in the Act of 1981, or enactments repealed by such provisions, are revoked.

(2)

Sections 25 and 63 and Schedule 3 were repealed in part by Schedule 6 to the Cable and Broadcasting Act 1984 (c. 46), sections 2 and 19 are amended by sections 45 and 38 respectively of that Act and sections 3, 9, 14, 42 and 63 are amended by Schedule 5 to that Act; section 19 is further amended by the Broadcasting Act 1987 (c. 10); other amendments are not yet in force or not relevant to the provisions extended by this Order.

(3)

S.I. 1979/114.

(4)

S.I. 1980/189.

(5)

S.I. 1981/1806.


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