• Laws
• Guernsey & Bailiwick
• B
• Broadcasting and Wireless Telegraphy
• Wireless Telegraphy and Related Matters (Deemed Registration and Validation) (Bailiwick of Guernsey) Law, 2012

Wireless Telegraphy and Related Matters (Deemed Registration and Validation) (Bailiwick of Guernsey) Law, 2012

To access the legislation in printable format, please click the "view printable version" button.

The Wireless Telegraphy and Related Matters (Deemed Registration and Validation) (Bailiwick of Guernsey) Law, 2012

WHEREAS certain statutory instruments made under the provisions of Acts of Parliament which have, or are intended to have, been extended to the Bailiwick of Guernsey do not have effect in the Bailiwick until they have been registered in the Royal Court;

AND WHEREAS certain instruments of that type relating to wireless telegraphy and television licensing that were believed to have been registered in the Royal Court, and thereby to have been given effect in the Bailiwick, have not been so registered;

AND WHEREAS certain instruments of that type commencing provisions of the Communications Act 2003[a] have not been so registered, thereby casting doubt on the extension to the Bailiwick of the provisions of that Act listed in article 6 of the Communications (Bailiwick of Guernsey) Order 2003[b] (as amended by the modifications set out in Schedule 2 to that Order);

NOW THEREFORE the States, in pursuance of their Resolution of 6^th March, 2012[c], have approved the following provisions which, subject to the Sanction of Her Most Excellent Majesty in Council, shall have force of law in the Bailiwick of Guernsey.

Deemed registration of certain United Kingdom statutory instruments.

1.      The statutory instruments listed in Column 1 of Schedule 1 are deemed to have been registered in the Royal Court on the corresponding dates listed in Column 2, and the statutory instruments listed in Schedule 2 are deemed to have been registered in the Royal Court on 19 January 2004.

Validity of certain acts etc.

2.      (1)      Nothing done by or on behalf of a person in the purported discharge of functions or duties or in the purported exercise of powers or rights conferred by a statutory instrument listed in Column 1 of Schedule 1, on or after the corresponding date in Column 2, shall be deemed to be, or ever to have been, unlawful or invalid by reason only of the fact that at the time of that purported discharge or exercise, the statutory instrument in question had not been registered in the Royal Court.

(2)       Subject to subsection (3), nothing done on or after 19 January 2004 by or on behalf of a person in the purported discharge of functions or duties, or in the purported exercise of powers or rights, arising from the provisions of the Communications Act 2003 ("the 2003 Act") as extended to the Bailiwick of Guernsey in modified form by the Communications (Bailiwick of Guernsey) Order 2003 ("the 2003 Order"), shall be deemed to be, or ever to have been, unlawful or invalid by reason only of the fact that at the time of that purported discharge or exercise, the statutory instruments listed in Schedule 2 had not been registered in the Royal Court.

(3)      No person shall be guilty of an offence under the provisions of the 2003 Act as extended to the Bailiwick of Guernsey in modified form by the 2003 Order where the act or omission in question took place before the coming into force of this Law.

(4)      Without prejudice to the generality of subsections (1) and (2), and for the avoidance of doubt, where -

(a)      a charge or tax has been levied or collected by a person acting in the purported discharge of functions or duties or in the purported exercise of powers or rights conferred by a statutory instrument listed in Schedule 1, or arising from the provisions of the 2003 Act as extended to the Bailiwick of Guernsey in modified form by the 2003 Order on the registration in the Royal Court of the statutory instruments listed in Schedule 2, and

(b)      that charge or tax was levied or collected on or after the corresponding date in Column 2 in the case of a statutory instrument listed in Schedule 1, and 19 January 2004 in the case of the statutory instruments listed in Schedule 2,

then it shall not be deemed to have been levied or collected unlawfully or invalidly by reason only of the fact that the statutory instrument or instruments in question had not been registered in the Royal Court at the time of that purported discharge or exercise.

Interpretation.

3.      (1)      In this Law, unless the context requires otherwise -

"the Royal Court" means the Royal Court of Guernsey sitting as a Full Court,

"the Secretary of State" includes any one of Her Majesty's Principal Secretaries of State, and

"statutory instrument" includes an order or regulations made -

(a)      by the Secretary of State, or

(b)      in exercise of powers conferred on any other office under an Act of Parliament.

(2)      The Interpretation (Guernsey) Law, 1948[d] applies to the interpretation of this Law throughout the Bailiwick.

Citation

4.      This Law may be cited as the Wireless Telegraphy and Related Matters (Deemed Registration and Validation) (Bailiwick of Guernsey) Law, 2012.

Section 1, 2

SCHEDULE 1

Column 1 Column 2

Section 1, 2

SCHEDULE 2

The Communications Act 2003 (Commencement No. 1) Order 2003 [S.I. 2003/ 1900]

The Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003 [S.I. 2003/3142] 

Copyright © 2026 States Of Guernsey Legal Resources.

Website by