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The Prisons (Interference with Wireless Telegraphy) (Guernsey) Order 2018

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Article 2

SCHEDULEExtension and Modification of the Act to Guernsey

ProvisionModifications

Section 1

(Interference with wireless telegraphy in prisons etc)

In section 1,
(a) in subsection (3)(a), before “a device” insert “a small unmanned aircraft (“SUAV”) and”;
(b) in subsection (3)(b), before “a device” insert “an SUAV or”; and
(c) in subsection (4), after “electronic communication” insert “or in relation to an SUAV”.

Section 2

(Safeguards)

In section 2(2) after “wireless telegraphy” insert “in respect of a device or article other than an SUAV”.

Section 3

(Retention and disclosure of information obtained under section 1)

In section 3,
(a) for subsection (5)(c) substitute “the Committee for Home Affairs”; and
(b) omit subsection (5)(d).

Section 4

(Interpretation)

In section 4,
(a) in subsection (1)
(i)

for the definition of “the appropriate national authority” substitute “the appropriate national authority” means the Committee for Home Affairs of the States of Guernsey”;

(ii)

for the definition of “relevant institution” substitute ““relevant institution” means a prison in the Bailiwick of Guernsey”

(iii)

insert the following definitions -

“(A)

“SUAV” means a small unmanned aircraft, as defined in section 37(10) of the Air Navigation (Bailiwick of Guernsey) Law, 2012;

(B)

“traffic data” means traffic data in relation to electronic communications and traffic data in relation to SUAVs;

(C)

“traffic data in relation to SUAVs” means any data relating to SUAVs flying within the institution;

(D)

“within the institution” means within the curtilage of the institution and within 10 metres thereof;;

(b) omit subsections (2) and (3);
(c) in subsection (4), after ““traffic data” insert “in relation to electronic communications”; and,
(d) in subsection (6), for “Act 2000” substitute “(Bailiwick of Guernsey) Law, 2003”.

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