Broadcasting (Jersey) Order 1999

Link to law: http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%2fconsolidated%2f06%2f06.054_Appendix_BroadcastingOrder1999.htm
Published: 2004-08-31

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BROADCASTING (JERSEY) ORDER 1999

JERSEY

REVISED EDITION OF THE LAWS

06.054

APPENDIX

Jersey Order in Council 15/1999

THE BROADCASTING (JERSEY) ORDER 1999

____________

(Registered on the 11th day of June 1999)

____________

At the Court at Buckingham Palace

____________

11th day of May 1999

____________

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 –

1.      This Order may be cited as the Broadcasting (Jersey) Order 1999 and shall come into force on 12th May 1999.

2.      Section 94 of the Broadcasting Act 1996 shall extend to the Bailiwick of Jersey.

3.      In the Schedule to the Broadcasting Act 1990 (Jersey) (No. 2) Order 1991[1] after paragraph 29, there shall be inserted –

“29A.    Omit section 104A.

29B.    In section 104B –

(a)     In subsection (1)(b), for the words from “category B” to the end substitute “any of the categories of local service for the time being specified in this paragraph as it has effect in the United Kingdom”;

(b)     in subsection (2)(b), after “United Kingdom” insert “or the Bailiwick of Jersey”;

(c)     omit subsections (6) and (7).”.

A.K. GALLOWAY

Clerk of the Privy Council.

BROADCASTING ACT 1990

CHAPTER 42



ARRANGEMENT OF SECTIONS



PARTS I–II



* * * * * * *



PART III



CHAPTER I



* * * * * * *



CHAPTER II



SOUND BROADCASTING SERVICES



98.–104.



* * * * * * *



104A..



Renewal of local licences



104B.



Special application procedure for local licences.



105.–111.



* * * * * * *



CHAPTERS III–V



* * * * * * *



PARTS IV–X



* * * * * * *



SCHEDULES



* * * * * * *



ELIZABETH II



1990 CHAPTER 42

AN ACT to make new provision with respect to the provision and regulation of independent television and sound programme services and of other services provided on television or radio frequencies; to make provision with respect to the provision and regulation of local delivery services; to amend in other respects the law relating to broadcasting and the provision of television and sound programme services and to make provision with respect to the supply and use of information about programmes; to make provision with respect to the transfer of the property, rights and liabilities of the Independent Broadcasting Authority and the Cable Authority and the dissolution of those bodies; to make new provision relating to the Broadcasting Complaints Commission; to provide for the establishment and functions of a Broadcasting Standards Council; to amend the Wireless Telegraphy Acts 1949 to 1967 in the Marine, &c., Broadcasting (Offences) Act 1967; to revoke a class licence granted under the Telecommunications Act 1984 to run broadcast relay systems; and for connected purposes.

[1st November 1990]

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows –

PARTS I–II

* * * * * * *

PART III

CHAPTER I

* * * * * * *

CHAPTER II

SOUND BROADCASTING SERVICES

98.–104.  * * * * * * *

104A.  * * * * * * *[2]

[Special application procedure for local licences

104B.-(1) Where –

(a)     a local licence is due to expire (otherwise than by virtue of section 110);

(b)     the local service provided under the licence falls within [any of the categories of local service for the time being specified in this paragraph as it has effect in the United Kingdom];

(c)     the Authority propose to grant a further licence to provide the service in question,

the Authority may if they think fit publish a notice under subsection (2) instead of a notice under section 104(1).

(2)    A notice under this subsection is a notice –

(a)     stating that the Authority propose to grant a further licence to provide a specified local service;

(b)     specifying the area or locality in the United Kingdom [or the Bailiwick of Jersey] for which the service is to be provided;

(c)     inviting declarations of intent to apply for a licence to provide the service;

(d)     specifying the closing date for such declarations; and

(e)     specifying –

(i)     the application fee payable on any declaration made in pursuance of the notice, and

(ii)    a deposit of such amount as the Authority may think fit.

(3)    A declaration of intent made in pursuance of a notice under sub-section (2) must be in writing and accompanied by the application fee and deposit specified under subsection (2)(e)(i) and (ii).

(4)    Where the Authority receive a declaration of intent in accordance with the provisions of this section from a person other than the licence holder in relation to the service in question, they shall –

(a)     publish a notice under section 104(1);

(b)     specify –

(i)     in relation to persons who have made a declaration of intent in accordance with the provisions of this section, no further application fee, and

(ii)    in relation to all other applicants, an application fee of the same amount as the fee referred to in subsection (2)(e)(i); and

(c)     repay the deposit referred to in subsection (2)(e)(ii) to every person –

(i)     who has made a declaration of intent in accordance with the provisions of this section, and

(ii)    who duly submits an application in pursuance of the notice referred to in paragraph (a).

(5)    Where the Authority receive a declaration of intent in accordance with the provisions of this section from the licence holder in relation to the service in question, and no such declaration from any other person, they shall –

(a)     invite the licence holder to apply for the licence in such manner as they may determine (but without requiring any further application fee); and

(b)     on receiving an application duly made by him, repay to him the deposit referred to in subsection (2)(e)(ii).

(6)    * * * * *

(7)    * * * * *][3]

105.-111.   * * * * * * *

CHAPTERS III–V

* * * * * * *

PARTS IV–X

* * * * * * *

SCHEDULES

* * * * * * *



[1]



Volume 1990–1991, page 563.



[2]



Section 104A inserted by the Broadcasting Act 1996 and omitted by The Broadcasting (Jersey) Order 1999 (page 225 of this Volume).



[3]



Section inserted by the Broadcasting Act 1996 and adapted and modified by The Broadcasting (Jersey) Order 1999 .