The Community Radio (Guernsey) Order 2013

Interpretation

3.—(1) In this Order—

“the 1990 Act” means the Broadcasting Act 1990(1), as extended to the Bailiwick of Guernsey(2);

“the 2003 Act” means the Communications Act 2003, as extended to the Bailiwick of Guernsey(3);

“community” means—

(a)

the persons who live or work or undergo education or training in a particular Island of the Bailiwick of Guernsey or an area or locality therein, or

(b)

persons who (whether or not they fall within paragraph (a)) have one or more interests or characteristics in common;

“community radio licence” means a licence under Part 3 of the 1990 Act (as it has effect by virtue of this Order) to provide a community radio service;

“community radio service” means a local service having the characteristics set out in article 4;

“Island” means Guernsey, Alderney or Sark;

“local service”, “national service” and “restricted service” each has the meaning given in section 245(4) of the 2003 Act;

“social enterprise” means a business which has as its primary objective the support of one or more projects of a social nature (rather than the production of a financial profit); and

“social gain” has the meaning given by paragraph (2).

(2) In relation to a community radio service, “social gain” means the achievement, in respect of individuals or groups of individuals in the community that the service is intended to serve, or in respect of other members of the public, of the following objectives—

(a) the provision of sound broadcasting services to individuals who are otherwise underserved by such services,

(b) the facilitation of discussion and the expression of opinion,

(c) the provision (whether by means of programmes included in the service or otherwise) of education or training to individuals not employed by the person providing the service, and

(d) the better understanding of the particular community and the strengthening of links within it,

and may also include the achievement of other objectives of a social nature and, in particular, those mentioned in paragraph (3).

(3) Those objectives are—

(a) the delivery of services of a social nature and the increasing, and wider dissemination, of knowledge about those services and about local amenities;

(b) the promotion of economic development and of social enterprises;

(c) the promotion of employment;

(d) the provision of opportunities for the gaining of work experience;

(e) the promotion of social inclusion;

(f) the promotion of cultural and linguistic diversity;

(g) the promotion of civic participation and volunteering.

(4) In this Order, in relation to any service which is intended to serve more than one community, any reference to the community which that service is intended to serve shall be taken to include a reference to every such community.

(5) In this Order, one person shall be treated as being connected with another person if he or she would be so treated for the purposes of Schedule 2 to the 1990 Act(4).

(1)

1990 c. 42.

(2)

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.

(3)

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.

(4)

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.