The Community Radio (Guernsey) Order 2012

Made: 7th November 2012

Coming into force: 5th December 2012

At the Court at Buckingham Palace, the 7th day of November 2012Present,The Queen’s Most Excellent Majesty in Council

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Citation, commencement and extent

1

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Interpretation

2

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Characteristics of community radio services

3

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Application of broadcasting legislation

4

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Disqualified persons

5

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Restrictions on holding of community radio licences

6

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SCHEDULE — MODIFICATION OF LEGISLATION IN RELATION TO COMMUNITY RADIO SERVICES

PART 1

Modifications to the Broadcasting Act 1990

1

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Licences

2

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Applications for licences

3

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Renewal of local licences and special application procedure

4

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Grant of licences

5

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Character and coverage of services

6

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Consultation about change of character of services

7

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Definitions applicable in Part 3

8

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Disqualified persons

9

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PART 2

Modifications to the Communications Act 2003

10

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Regulation by OFCOM of independent radio services

11

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Extension of existing licences

12

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Provisions that do not have effect

13

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Signed

Richard Tilbrook — Clerk of the Privy Council

Explanatory note

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Footnotes

[^f00001]: 2003 c. 21.

[^f00002]: Section 262 of the Communications Act 2003 was extended to the Bailiwick of Guernsey by article 6 of, and paragraph 50 of Schedule 2 to, the Communications (Bailiwick of Guernsey) Order 2003, S.I. 2003/3195, as amended by S.I. 2004/1116 and S.I. 2012/2688. There have been further amendments to S.I. 2003/3195 which are not relevant to this Order.

[^f00003]: 1990 c. 42.

[^f00004]: The Broadcasting Act 1990 was extended, in part and with modifications, to the Bailiwick of Guernsey by the Broadcasting Act 1990 (Guernsey) Order 1991, S.I. 1991/191 and by the Broadcasting Act 1990 (Guernsey) (No. 2) Order 1991, S.I. 1991/1709, as amended by S.I. 1999/1314 and S.I. 2003/3192. There have been further amendments to S.I. 1991/1709 which are not relevant to this Order.

[^f00005]: The Communications Act 2003 was extended, in part and with modifications, to the Bailiwick of Guernsey by the Communications (Bailiwick of Guernsey) Order 2003, S.I. 2003/3195, as amended by S.I. 2004/1116 and S.I. 2012/2688. There have been further amendments to S.I. 2003/3195 which are not relevant to this Order.

[^f00006]: Paragraph 3 of Part 1 of Schedule 2 to the Broadcasting Act 1990 sets out which persons are to be treated as being connected with a particular person, for the purposes of that Schedule. This paragraph was substituted by section 73 of, and paragraph 3, Part 1, of Schedule 2 to, the Broadcasting Act 1996 (1996 c.55), as extended to Guernsey by the Broadcasting (Guernsey) Order 2003, S.I. 2003/3192.

[^f00007]: In Part 2 of Schedule 2 to the Broadcasting Act 1990, paragraph 1(1) was amended by section 73 of, and paragraph 6(1) and (2), Part 2, of Schedule 2 to, the Broadcasting Act 1996, as extended by S.I. 2003/3192, and by section 360(3) of, and paragraph 69(1), (4) and (5), Part 1, of Schedule 15 to, the Communications Act 2003 and was repealed in part by sections 348(1) and 406(7) of, and Schedule 19(1) to, the Communications Act 2003. Paragraph 1(2) and (3) were repealed by section 406(7) of, and Schedule 19(1) to, the Communications Act 2003. Paragraph 2 was amended by section 348(2) and (3) of the Communications Act 2003. Paragraph 3(1) was amended by section 73 of, and paragraph 7, Part 2, of Schedule 2 to, the Broadcasting Act 1996 (as extended by S.I. 2003/3192) and by section 360(3) of, and paragraph 69(1) and (6), Part 1, of Schedule 15 to, the Communications Act 2003. Paragraph 4(1) was amended by section 360(3) of, and paragraph 69(1), (4) and (7), Part 1, of Schedule 15 to, the Communications Act 2003. Paragraph 4(2) was amended by sections 348(4) and 360(3) of, and paragraph 69(1) and (8), Part 1, of Schedule 15 to, the Communications Act 2003. Paragraph 5 was repealed in part by sections 73 and 148(2) of, and paragraph 8, Part 2, of Schedule 2 and Part 1 of Schedule 11 to, the Broadcasting Act 1996 (as extended by S.I. 2003/3192) and was amended by section 360(3) of, and paragraph 69(1) and (4), Part 1, of Schedule 15 to, the Communications Act 2003. Paragraph 5A was inserted by section 73 of, and paragraph 9, Part 2, of Schedule 2 to, the Broadcasting Act 1996 (as extended by S.I. 2003/3192) and was repealed in part by sections 360(3) and 406(7) of, and paragraph 69(1), (9)(a), (b) and (c), Part 1, of Schedule 15 and by Schedule 19(1) to the Communications Act 2003. Paragraph 6 was amended by section 360(3) of, and paragraph 69(1) and (4), Part 1, of Schedule 15 to, the Communications Act 2003.

[^f00008]: Section 86(3) was substituted by the Communications Act 2003, section 252(2).

[^f00009]: Section 104 was amended by section 360(3) of, and paragraph 45, Part 1, of Schedule 15 to the Communications Act 2003. Subsections (5) and (6)(a) were repealed by sections 94(2) and 148(2) of, and Part 1 of Schedule 11 to, the Broadcasting Act 1996, as extended by S.I. 2003/3192.

[^f00010]: Section 104B was inserted by section 94(1) of the Broadcasting Act 1996, as extended by S.I. 2003/3192.

[^f00011]: Section 105 was amended by section 360(3) of, and paragraph 48, Part 1, of Schedule 15 to, the Communications Act 2003.

[^f00012]: Section 106(1) was amended by section 360(3) of, and paragraph 49, Part 1, of Schedule 15 to, the Communications Act 2003. The words from “, except” onwards in section 106(1) were repealed by section 312(1) and (2) and 406(7) of, and Schedule 19(1) to, the Communications Act 2003.

[^f00013]: Section 106ZA was inserted by section 313 of the Communications Act 2003.

[^f00014]: Section 126 was amended by section 148(1) of, and paragraph 9, Part 1, of Schedule 10 to, the Broadcasting Act 1996, as extended by S.I. 2003/3192, and by sections 256(2) and (3) and 360(3) of, and paragraph 59, Part 1, of Schedule 15 to, the Communications Act 2003 and repealed in part by section 406(7) of, and Schedule 19(1) to, the Communications Act 2003.

[^f00015]: Paragraph 4(1) of Part 2 of Schedule 2 to the Broadcasting Act 1990 was amended by section 360(3) of, and paragraph 69(1), (4) and (7), Part 1, of Schedule 15 to, the Communications Act 2003.

Editorial notes

[^key-79dff051babdd85cbb438b686dd0c9ac]: Order revoked (19.3.2013) by The Community Radio (Guernsey) Order 2013 (S.I. 2013/243), arts. 1(2), 2