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The Communications (Bailiwick of Guernsey) Order 2020

S.I. 2020/274 · Made 11 March 2020

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Broadcasting

Made 11th March 2020

Coming into force in accordance with article 1(2) and (3)

At the Court at Buckingham Palace, the 11th day of March 2020

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred by section 411(6) of the Communications Act 2003f1 and section 119(7) and (8) of the Digital Economy Act 2017f2, is pleased, by and with the advice of Her Privy Council, to order as follows:

Annotations to the whole text

Footnotes

f1

2003 c.21. The 2003 Act was extended to the Bailiwick of Guernsey, with modifications, by S.I. 2003/3195, as amended by S.I. 2006/3325, and by S.I. 2004/307; there are other amending instruments but none is relevant.

f2

2017 c.30.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Extension of amendments of the 2003 Act to the Bailiwick of Guernsey
  3. 3Extension of amendments of the 2003 Act to the Bailiwick of Guernsey
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Communications (Bailiwick of Guernsey) Order 2020.

(2)

This article and article 2 come into force on 1st May 2020.

(3)

Article 3 comes into force on 1st June 2020.

(4)

In this Order—

  • “the 2003 Act” means the Communications Act 2003;

  • “the 2017 Act” means the Digital Economy Act 2017.

2Extension of amendments of the 2003 Act to the Bailiwick of Guernsey

The amendments of the 2003 Act made by section 88 of the 2017 Act extend to the Bailiwick of Guernseyf1.

3Extension of amendments of the 2003 Act to the Bailiwick of Guernsey

(1)

The amendments of the 2003 Act made by section 89 of the 2017 Act extend to the Bailiwick of Guernseyf1 with the modifications set out in paragraph (2).

(2)

In section 365A(8) of the 2003 Act, inserted by section 89(7) of the 2017 Act, for “must consult any persons it considers appropriate” there is substituted “must consult the Policy and Resources Committee of the States of Guernsey and any other persons it considers appropriate”.

Signature

Richard Tilbrook

Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order extends the amendments of the Communications Act 2003 (c. 21) made by sections 88 and 89 of the Digital Economy Act 2017 (c. 30) to the Bailiwick of Guernsey. The amendments in section 88 of the 2017 Act (functions of Ofcom in relation to the BBC) amend section 198 of, and insert section 198ZA into, the 2003 Act and come into force in the Bailiwick of Guernsey on 1st May 2020. The amendments in section 89 of the 2017 Act (TV licence fee concessions by reference to age) amend section 365 of, and insert section 365A into, the 2003 Act; as extended, they place a duty on the BBC to consult the Policy and Resources Committee of the States of Guernsey before making, varying or revoking a determination under the section. The amendments in section 89 of the 2017 Act come into force in the Bailiwick of Guernsey on 1st June 2020. From that date this concession will no longer be determined by regulations but determined independently by the BBC following consultation. The BBC will have the power to make changes to the concession, including changing the eligibility criteria, level of concession and qualifying age (although this may not be lower than 65) or to end the concession. The Secretary of State retains the power to make provision for all other concessions including the current residential care concession or its equivalent.