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The Communications (Jersey) Order 2003

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109.  In Schedule 17 (Minor and consequential amendments)—

(a)omit paragraphs 2 to 5, 19 to 32, 37 to 63, 67 and 68, 70 to 144, 152 to 171 and 173 to 175;

(b)for paragraph 8 substitute the following—

8.  After section 1C of that Act there shall be inserted—

Procedures for the grant of licences

1D  (1)  An application for the grant of a wireless telegraphy licence shall be determined in accordance with procedures prescribed in regulations made by OFCOM.

(2) Where the person applying for a licence fails to provide any information which OFCOM reasonably require in order to satisfy themselves that the applicant is able to comply with the terms, provisions and limitations in the licence, OFCOM may refuse to grant the licence.

(3) No statutory instrument made by OFCOM under this section shall have effect in the Bailiwick of Jersey until it has been registered in the Royal Court and where any such instrument is so registered, it shall have effect on the day following the day of such registration or on the day of coming into force specified in the instrument, whichever is the later.;

(c)in paragraph 14(8), omit the word “and” at the end of sub-paragraph (a) and omit sub-paragraph (b);

(d)in paragraph 15(2), for the words “any constable” substitute “any police officer”;

(e)in paragraph 15(3), for the words “he is to be” to the end substitute “shall execute the warrant accompanied by one or more police officers”;

(f)in paragraph 16(2), for the inserted section 16(1A) of the 1949 Act substitute—

(1A) No statutory instrument made by OFCOM under this Act shall have effect in the Bailiwick of Jersey unless it has been registered in the Royal Court and where any such instrument is so registered, it shall have effect on the day following the day of such registration or on the day of coming into force specified in the instrument, whichever is the later.;

(g)in paragraph 33(1) after the words “section 5” insert the words “of the Marine etc. Broadcasting (Offences) Act 1967;”

(h)for paragraph 64 substitute the following—

64.  In sections 79 and 83 of the Telecommunications Act 1984 (wireless telegraphy provisions), for the words “The Secretary of State” wherever occurring there shall be substituted “OFCOM.”;

(i)for paragraph 65 there shall be substituted the following—

65.  After section 79(6)(a) of that Act (seizure of apparatus) insert the following paragraph—

(b)any proceedings for forfeiture under Schedule 7 to the Communications Act 2003.;

(j)for paragraph 66(2) substitute the following—

(2) In subsection (1)(b), after “property” insert “or proceedings for forfeiture under Schedule 7 to the Communications Act 2003.”

(2A) In subsection 2(b), after “offences)” insert “ or proceedings for forfeiture under the said Schedule 7.”;

(k)in paragraph 69(2), omit “under section 80 or 81 above”;

(l)in paragraph 150, omit subsections (2) and (3) of the inserted section 6 of the Wireless Telegraphy Act 1998;

(m)in paragraph 172, omit sub-paragraphs (2)(a) and (b) and (3).

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