
Communications (Television Licensing) Regulations 2004 [extended UK law]
THE SECRETARY OF STATE, in exercise of the powers conferred by
section 6(1) of the Wireless Telegraphy Act 1967 and
sections 365(1) and (4), 368 and 402(3) of the Communications Act 2003, as
extended by the Broadcasting and Communications (Jersey) Order 2004,[1] the Communications (Bailiwick of
Guernsey) Order 2004 and the Communications (Isle of Man) Order 2003, with the
consent of the Treasury (to the extent that the Regulations are made in
exercise of the powers conferred by section 365 of the Communications Act
2003), hereby makes the following Regulations –
Commencement [see endnotes]
PART 1
GENERAL
1 Citation,
commencement, extent and interpretation
(1) These
Regulations may be cited as the Communications (Television Licensing)
Regulations 2004 and shall come into force on 1st April 2004.
(2) These
Regulations, except regulations 10 and 11, extend to the Channel Islands and
the Isle of Man.
(3) In
these Regulations “the Act” means the Communications Act 2003.
PART 2
tv licence fees
2 Interpretation
of Part 2
(1) In
this Part –
“caravan”
means any structure designed or adapted for habitation which is capable of
being moved from one place to another (whether by being towed, or by being
transported on a motor vehicle or trailer) and any motor vehicle so designed or
adapted;
“digital set top
box” means a television receiver whose function is to receive television
programmes in digital form, and which cannot itself display, or record or
otherwise store such programmes;
“the due date”
in relation to any TV licence means the date on which the licensee is required
to obtain the licence in accordance with the Act whether in consequence of the
expiry of a previous licence or otherwise; and
“touring
caravan” means a caravan normally used for touring from place to place.[2]
(2) Any
reference to –
(a) the
issue of a TV licence includes a reference to the renewal of such a licence;
(b) a
person’s residence includes any place provided for that person’s
private occupation.
3 TV
licence fees
(1) Subject
to regulations 5 and 6 –
(a) on
the issue of a TV licence of a type specified in an entry in column 1 of
the table in Schedule 1, the fee payable shall be that specified in
column 3 in relation to that type of licence;
(b) on
the issue of a TV licence of a type specified in paragraph 1, 3 or 8 of
Schedule 2, the person to whom the licence is issued shall be liable to
make payments as provided by (as the case may be) Part 1, 2 or 3 of that
Schedule;
(c) on
the issue of a TV licence of a type specified in an entry in column 1 of
the table in Part 1 of Schedule 3, the fee payable shall (subject to
paragraph (2)) be determined in accordance with the entry in column 3
in relation to that type of licence;
(d) on
the issue of a TV licence of the type specified in paragraph 1 of Schedule 4,
the fee payable shall be determined in accordance with paragraph 2 of that
Schedule;
(e) on
the issue of a TV licence of the type specified in paragraph 2 of Schedule 5,
the fee payable shall be determined in accordance with paragraph 3 of that
Schedule.
(2) In
relation to a TV licence of the type specified in the second entry in column 1
of the table in Part 1 of Schedule 3, the fee is to be payable in
instalments in the circumstances specified in Part 2 of that Schedule; and
the amount of each of the instalments, and the dates on which they are payable,
are to be determined in accordance with that Part.
(3) Any
sum payable by virtue of paragraph (1) or (2) shall be payable
irrespective of the duration of the TV licence.
(4) In
the first and third entries in column 2 of the table in Schedule 1, a
reference to –
(a) installing
a black and white television receiver includes a reference to installing a
digital set top box in such a way that it can only be used to cause television
programmes to be displayed on a television set or monitor that can display them
in black and white only; and
(b) using
a black and white television receiver includes a reference to using a digital
set top box installed as described in this paragraph.[3]
4 Duplicate
licences[4]
Where a TV licence has
been lost or destroyed, the sum of £4.50 shall be paid on the issue of a
duplicate of such a licence; but no such sum shall be payable on the issue of a
duplicate of a TV licence that was issued free of charge.
5 Concessions
for blind persons
(1) Where –
(a) a TV
licence is issued to a blind person, authorising the installation or use of a
television receiver at one or more places or in one or more vehicles, vessels
or caravans specified in the licence; and
(b) each
place, vehicle, vessel or caravan so specified is a residence of that person,
the fee payable (including
the amount of any instalment payments) shall be 50 per cent of the
amount which would otherwise be payable for the licence in accordance with
regulation 3.
This reduction in the
amount payable is referred to in this regulation as the “blind concession”.[5]
(2) In
order to establish an entitlement to the blind concession a person
must –
(a) show
that he is registered as blind by means of a certificate or other document
issued by or on behalf of –
(i) a local authority
in Great Britain,
(ii) a
Health and Social Services Trust in Northern Ireland, or
(iii) the Department of Health and Social
Care for the Isle of Man; or
(b) provide
evidence that he is blind by way of a certificate signed by an ophthalmologist.[6]
(3) A
person is not required to provide the evidence referred to in paragraph (2)
to obtain the blind concession in respect of a TV licence where that person has
previously established an entitlement to the concession by providing the
evidence referred to in that paragraph and –
(a) the evidence
was provided within the period of 5 years ending on the date on which the
licence is issued, or
(b) the
BBC are satisfied that the evidence previously provided is sufficient to
establish the person’s entitlement to the concession as at that date.[7]
(4) This
regulation does not apply where the TV licence is of a type and description
specified in paragraph 1 of Schedule 4 or paragraph 2 of
Schedule 5.
(5) In
these Regulations –
“blind” means
the person concerned is so blind as to be unable to perform any work for which
eyesight is essential;
“local
authority” means –
(a) in
England, a county council, a district council, a London borough council, the
Common Council of the City of London, and the Council of the Isles of Scilly;
(b) in Wales,
a county council or a county borough council;
(c) in Scotland,
a council constituted under section 2 of the Local Government etc.
(Scotland) Act 1994;
(d)
“ophthalmologist”
means a doctor whose name is included in the register of specialists kept by
the General Medical Council under article 8 of the European Specialist
Medical Qualifications Order 1995 and in respect of whom that register
indicates his speciality to be ophthalmology.[8]
6 Concessions
for persons aged 75 years or more
(1) No
fee shall be payable for a TV licence of a type referred to in the first or
second entry in column 1 of the table in Schedule 1
where –
(a) the licence is issued to a person aged
75 years or more or to a person who will attain that age in the calendar
month in which the licence is issued; and
(b) the single place, vehicle, vessel or caravan
specified in the licence is the sole or main residence of that person.
(2) Paragraph (1)
only applies where the residence referred to in that paragraph is in the United
Kingdom or the Isle of Man.[9]
(2A) No
fee shall be payable for a TV licence of a type referred to in the first or
second entry in column 1 of the table in Schedule 1
where –
(a) a
residence is in the Bailiwick of Guernsey (but excluding Sark);
(b) the
licence is issued to a person who has attained the age of 75 before
1st September 2016; and
(c) the
single place, vehicle, vessel or caravan specified in the licence is the sole
or main residence of that person.[10]
(3) Where
a TV licence of the type referred to in paragraph 1 of Schedule 4 is
issued in respect of accommodation for residential care, in calculating the fee
payable no account shall be taken of any unit of accommodation or, as the case
may be, residential care dwelling that is the sole or main residence of a
resident who is aged 75 years or more on the date on which the licence is
issued.
(4) In
paragraph (3), the expressions “accommodation for residential
care”, “resident” and “residential care dwelling”
shall have the meanings given to them by Part 2 of Schedule 4.
(5) Paragraph (3)
only applies where the accommodation to which the licence relates is in the
United Kingdom.
7 Revocation
and savings
(1) The
Regulations specified in Schedule 6 are hereby revoked.
(2) The
Wireless Telegraphy (Television Licence Fees) Regulations 1997[11] shall continue
to apply to any television licence issued before 1st April 2004 as they had
effect immediately before that date.
(3) In
paragraph (2) the reference to a television licence is to such a licence
within the meaning of the Wireless Telegraphy Act 1949.
PART 3
definitions for the purposes of the
communications act 2003 and the wireless telegraphy act 1967
8 Interpretation
of Part 3[12]
In this Part –
“digital set top
box” has the same meaning as in Part 2;
“members of the
public” means members of the public in the United Kingdom, the Channel Islands and the Isle of Man;
“on-demand programme
service”, and references to the provision of such a service by the BBC,
having the same meanings as in the Communications Act 2003 (and, in the
application of this Part to the Channel Islands and the Isle of Man, they are
to have the meanings which they have in the United Kingdom). If an amendment of
the Communications Act 2003 changes the meaning in the United Kingdom of “on-demand
programme service” or the meaning of any reference to the provision of
such a service by the BBC, the change to the meaning is also to have effect in
the Channel Islands and the Isle of Man for the purposes of this Part;
“programme”
has the same meaning as in the Act; and
“television
programme receiver” has the same meaning as in Part 3 of the Act.
9 Meaning
of “television receiver”
(1) Subject
to paragraph (2), in Part 4 of the Act (licensing of TV reception),
“television receiver” means any apparatus installed or used for the
purpose of receiving (whether by means of wireless telegraphy or
otherwise) –
(a) any
television programme service, or
(b) an
on-demand programme service which is provided by the BBC,
whether or not the
apparatus is installed or used for any other purpose.[13]
(2) But
a digital set top box is not a television receiver for the purposes of that
Part if it is installed in such a way that it can be used only to cause the
production of sound through a device whose functions are limited to the
production, or the production and recording, of sound.[14]
(3) In
this regulation, any reference to receiving a television programme service
includes a reference to receiving by any means any programme included in that
service, where that programme is received at the same time (or virtually the
same time) as it is received by members of the public by virtue of its being
broadcast or distributed as part of that service.[15]
10 Meaning
of “television dealer”
In Part 1 of the
Wireless Telegraphy Act 1967, “television dealer” means a person
who by way of trade or business –
(a) sells
television sets by retail;
(b) lets
such sets on hire or hire-purchase;
(c) arranges
for such sets to be sold or let as aforesaid by another television dealer; or
(d) holds
himself out as willing to engage in any of the foregoing activities.
11 Meaning
of “television set”
(1) In
Part I of the Wireless Telegraphy Act 1967, “television set”
means any apparatus which (either alone or in association with other apparatus)
is capable of receiving (whether by means of wireless telegraphy or otherwise)
any television programme service but is not computer apparatus.
(2) In
this regulation, “computer apparatus” means apparatus
which –
(a) is
designed or adapted to be used (either alone or in association with other
apparatus) for storing or processing data, but not for doing so in connection
with the reception by means of wireless telegraphy of television programme
services; and
(b) is
not offered for sale or letting as apparatus for use (either alone or in
association with other apparatus) primarily for or in connection with the
reception (whether by means of wireless telegraphy or otherwise) of such
services;
and
“processing” includes displaying.
Schedule 1[16]
Regulation 3(a)
ISSUE FEES FOR TV LICENCES
Table
Type of licence
|
Description of licence
|
Issue fee
|
1. TV licence (black and white only) General Form
|
A
licence –
|
£58.50
|
(a) to
install and use black and white television receivers at the single place
specified in the licence or, as the case may be, in the single vehicle,
vessel or caravan so specified (“the specified location”);
|
|
(b) to
install and use black and white television receivers in any vehicle, vessel
or caravan
(i) being used or occupied by the licensee or by a person normally
living with the licensee at the specified location,
or
(ii) if the specified
location is a business premises, being used or occupied for the purposes of
the business by a person who normally works at that
location,
being installation or use not covered by a licence described in
Schedule 5, provided that, in a case falling
within (i) above,
a receiver may not be used in a caravan, other than a touring caravan, at the
same time as a receiver is being used at the specified location; and
|
|
(c) for
the use anywhere of any black and white television receiver powered solely by
its own internal batteries by the licensee or by a person normally living
with the licensee at the specified location.
|
|
2. TV licence (including colour) General Form
|
A
licence –
|
£174.50
|
(a) to
install and use television receivers at the single place specified in the
licence or, as the case may be, in the single vehicle, vessel or caravan so
specified (“the specified location”);
|
|
(b) to
install and use television receivers in any vehicle, vessel or caravan
(i) being used or occupied by the licensee or by a person normally living with
the licensee at the specified location, or
(ii) if the specified location is a business premises, being used or occupied for the
purposes of the business by a person who normally works at that location, being installation
or use not covered by a licence described in Schedule 5, provided that, in a case falling within (i) above, a receiver may not be used in a
caravan, other than a touring caravan, at the same time as a receiver is
being used at the specified location; and
|
|
(c) for
the use anywhere of any television receiver powered solely by its own
internal batteries by the licensee or by a person normally living with the
licensee at the specified location.
|
|
3. TV licence (black and white only) Multiple Form
|
A
licence –
|
£58.50 for each place,
vehicle, vessel or caravan specified in the licence.
|
(a) to
install and use black and white television receivers at each of the places
specified in the licence or, as the case may be, in each of the vehicles,
vessels or caravans so specified (“the specified locations”);
|
(b) to
install and use black and white television receivers in any vehicle, vessel
or caravan
(i) being
used or occupied by the licensee or by a person normally living at one of the
specified locations, or
(ii) if
a business is carried on from one or more of the specified locations, being
used or occupied for the purposes of the business by a person who normally
works at one of those locations, being installation or use not covered by a
licence described in Schedule 5, provided that, in a case falling within
(i) above, a receiver may not be used in a caravan, other than a touring
caravan, at the same time as a receiver is being used at the specified
location at which the person using the receiver normally lives; and
|
(c) for
the use anywhere of any black and white television receiver powered solely by
its own internal batteries by the licensee or by a person normally living at
one of the specified locations.
|
4. TV licence (including colour) Multiple Form
|
A licence –
|
£174.50 for each place,
vehicle, vessel or caravan specified in the licence.
|
(a) to
install and use television receivers at each of the places specified in the
licence or, as the case may be, in each of the vehicles, vessels or caravans
so specified (“the specified locations”);
|
(b) to
install and use television receivers in any vehicle, vessel or caravan
(i) being
used or occupied by the licensee or by a person normally living at one of the
specified locations, or
(ii) if
a business is carried on from one or more of the specified locations, being
used or occupied for the purposes of the business by a person who normally
works at one of those locations, being installation or use not covered by a
licence described in Schedule 5, provided that, in a case falling within
(i) above, a receiver may not be used in a caravan, other than a touring
caravan, at the same time as a receiver is being used at the specified
location at which the person using the receiving normally lives; and
|
(c) for
the use anywhere of any television receiver powered solely by its own
internal batteries by the licensee or by a person normally living at one of
the specified locations.
|
Schedule 2[17]
Regulation 3(1)(b)
FEES FOR TV LICENCES PAYABLE BY
INSTALMENTS
PART 1
pREMIUM INSTALMENT TELEVISION
LICENCE (INCLUDING COLOUR)
1
(1) This
Part specifies the sums which are payable in respect of a TV licence known as a
“Premium instalment licence (including colour)” which is described
in the following provisions of this paragraph.
(2) A
licence of the type referred to in sub-paragraph (1) is a licence of the
same description as that given in the second entry of column 2 of the
table in Schedule 1 but where payment for the licence is to be made in
instalments as provided in this Part.
(3)
2
(1) There
shall be payable a first instalment of £44.89 (referred to in this
paragraph as “the issue fee”) and three further instalments of £44.87.
(2) The
instalments are to be payable as follows –
(a) the issue fee is payable on the date on
which the licence is issued;
(b) the second instalment is payable on the
first day of the calendar month whose last day is 8 months before the date
on which the licence expires;
(c) the third instalment is payable on the first
day of the calendar month whose last day is 5 months before the date on
which the licence expires; and
(d) the fourth instalment is payable on the
first day of the calendar month whose last day is 2 months before
the date on which the licence expires.
(3) Where
the licence is issued on a date which is on or after the date on which, in
accordance with paragraphs (b) to (d) of sub-paragraph (2), any of
the instalments referred to in those paragraphs is payable, any such instalment
is to be payable on the same date as the issue fee.
PART 2
BUDGET INSTALMENT TELEVISION LICENCE
(INCLUDING COLOUR)
3
(1) This
Part specifies the instalments which are payable in respect of a TV licence
known as a “Budget instalment television licence (including
colour)” which is described in the following provisions of this
paragraph.
(2) A
licence of the type referred to in sub-paragraph (1) is a licence of the
same description as that given in the second entry of column 2 of the
table in Schedule 1 but where payment for the licence is to be made in
instalments as provided in this Part.
(3) Such
a licence is only issued where the period beginning on the date on which the
licence is issued and ending on the date on which it expires is more than
8 months.
4
(1) Paragraphs 5
and 6 and tables 1 and 2 apply where the first payment in respect of any
such licence is made before the due date.
(2) In
this Part and Part 3, the relevant date is the day immediately preceding
the due date.
5
(1) This
paragraph applies where the arrangements for making payments before the due
date were entered into before 1st April 2025.
(2) A
first instalment (referred to in this Part as an “issue fee”) and
five further instalments are to be payable in respect of such a licence on the
dates set out in column 1 of table 1.
(3) Where
the first payment in respect of the issue fee is made on the first day of a
period of more than 5 months ending on the relevant date, the amount of
each of the instalments referred to in sub-paragraph (2) shall be as set
out in column 2 of table 1.
(4) Where
that payment is made on the first day of a period of more than 4 but not
more than 5 months ending on the relevant date, the amount of each such
instalment shall be as set out in column 3 of table 1.
(5) Where
that payment is made on the first day of a period of more than 3 but not
more than 4 months ending on the relevant date, the amount of each such
instalment shall be as set out in column 4 of table 1.
(6) Where
that payment is made on the first day of a period of more than 2 but not
more than 3 months ending on the relevant date, the amount of each such
instalment shall be as set out in column 5 of table 1.
(7) Where
that payment is made on the first day of a period of more than 1 but not
more than 2 months ending on the relevant date, the amount of each such
instalment shall be as set out in column 6 of table 1.
(8) Where
that payment is made on the first day of a period of not more than 1 month
ending on the relevant date, the amount of each such instalment shall be as set
out in column 7 of table 1.
Table 1
Column 1
|
Column 2
|
Column 3
|
Column 4
|
Column 5
|
Column 6
|
Column 7
|
Date by
which the instalment is to be paid
|
Amount
of instalment payment
|
Date on which the licence is
issued (“the issue date”)
|
£99.75
|
£93.35
|
£85.60
|
£76.20
|
£64.45
|
£49.30
|
The last day of the period of 1 month
beginning on the day immediately following the issue date
|
£14.95
|
£16.23
|
£17.78
|
£19.66
|
£22.01
|
£25.04
|
The last day of the period of 2 months
beginning on the day immediately following the issue date
|
£14.95
|
£16.23
|
£17.78
|
£19.66
|
£22.01
|
£25.04
|
The last day of the period of 3 months
beginning on the day immediately following the issue date
|
£14.95
|
£16.23
|
£17.78
|
£19.66
|
£22.01
|
£25.04
|
The last day of the period of 4 months
beginning on the day immediately following the issue date
|
£14.95
|
£16.23
|
£17.78
|
£19.66
|
£22.01
|
£25.04
|
The last day of the period of 5 months
beginning on the day immediately following the issue date
|
£14.95
|
£16.23
|
£17.78
|
£19.66
|
£22.01
|
£25.04
|
6
(1) This
paragraph applies where the arrangements for making payments before the due
date are entered into on or after 1st April 2025.
(2) An
issue fee and five further instalments are to be payable in respect of such a
licence on the dates set out in column 1 of table 2.
(3) Where
the first payment in respect of the issue fee is made on the first day of a
period of more than 5 months ending on the relevant date, the amount of
each of the instalments referred to in sub-paragraph (2) shall be as set
out in column 2 of table 2.
(4) Where
that payment is made on the first day of a period of more than 4 but not more
than 5 months ending on the relevant date, the amount of each such
instalment shall be as set out in column 3 of table 2.
(5) Where
that payment is made on the first day of a period of more than 3 but not
more than 4 months ending on the relevant date, the amount of each such
instalment shall be as set out in column 4 of table 2.
(6) Where
that payment is made on the first day of a period of more than 2 but not
more than 3 months ending on the relevant date, the amount of each such
instalment shall be as set out in column 5 of table 2.
(7) Where
that payment is made on the first day of a period of more than 1 but not
more than 2 months ending on the relevant date, the amount of each such
instalment shall be as set out in column 6 of table 2.
(8) Where
that payment is made on the first day of a period of not more than 1 month
ending on the relevant date, the amount of each such instalment shall be as set
out in column 7 of table 2.
Table 2
Column 1
|
Column 2
|
Column 3
|
Column 4
|
Column 5
|
Column 6
|
Column 7
|
Date by
which the instalment is to be paid
|
Amount
of instalment payment
|
Date on which the licence is
issued (“the issue date”)
|
£101.80
|
£95.20
|
£87.25
|
£77.60
|
£65.45
|
£49.90
|
The
last day of the period of 1 month beginning on the day immediately
following the issue date
|
£14.54
|
£15.86
|
£17.45
|
£19.38
|
£21.81
|
£24.92
|
The last day of the period of
2 months beginning on the day immediately following the issue date
|
£14.54
|
£15.86
|
£17.45
|
£19.38
|
£21.81
|
£24.92
|
The last day of the period of
3 months beginning on the day immediately following the issue date
|
£14.54
|
£15.86
|
£17.45
|
£19.38
|
£21.81
|
£24.92
|
The last day of the period of
4 months beginning on the day immediately following the issue date
|
£14.54
|
£15.86
|
£17.45
|
£19.38
|
£21.81
|
£24.92
|
The last day of the period of
5 months beginning on the day immediately following the issue date
|
£14.54
|
£15.86
|
£17.45
|
£19.38
|
£21.81
|
£24.92
|
7
(1) This
paragraph and table 3 apply where no payment is made in respect of the
licence before the due date.
(2) Where
the period beginning on the date on which the licence is issued and ending on
the date on which it expires (“the period of the licence”) is more
than 11 months, 6 instalments are to be payable on the dates set out
in column 1 of table 3 and the amount of each of those instalments
(subject to sub-paragraph (6)) is to be as set out in column 2 of
that table.
(3) Where
the period of the licence is more than 10 but not more than
11 months, 5 instalments are to be payable on the first five dates
set out in column 1 of table 3, and the amount of each of those
instalments is to be as set out in column 3 of that table.
(4) Where
the period of the licence is more than 9 but not more than 10 months,
4 instalments are to be payable on the first four dates set out in
column 1 of table 3, and the amount of each of those instalments is
to be as set out in column 4 of that table.
(5) Where
the period of the licence is more than 8 but not more than 9 months,
3 instalments are to be payable on the first three dates set out in
column 1 of table 3, and the amount of each of these instalments is
to be as set out in column 5 of that table.
(6) Where –
(a) immediately before the due date the person
to whom the licence is being issued held a Budget instalment television licence
(including colour); and
(b) the amount of each instalment payable in
respect of that licence was as set out in column 2, 3, 4 or 5 of
table 3 (as that table had effect before 1st April 2025),
sub-paragraph (2)
shall have effect as if it provided for the amount of the first instalment to
be £99.75 and each of the five subsequent instalments to be £14.95.
Table 3
Column 1
|
Column 2
|
Column 3
|
Column 4
|
Column 5
|
Date by
which the instalment is to be paid
|
Amount
of instalment payment
|
Date on which the licence is
issued (“the issue date”)
|
£29.10
|
£34.90
|
£43.64
|
£58.18
|
The first day of the calendar
month immediately following the calendar month in which the licence is issued
|
£29.08
|
£34.90
|
£43.62
|
£58.16
|
The first day of the second
calendar month immediately following the calendar month in which the licence
is issued
|
£29.08
|
£34.90
|
£43.62
|
£58.16
|
The first day of the third
calendar month immediately following the calendar month in which the licence
is issued
|
£29.08
|
£34.90
|
£43.62
|
|
The first day of the fourth
calendar month immediately following the calendar month in which the licence
is issued
|
£29.08
|
£34.90
|
|
|
The first day of the fifth
calendar month immediately following the calendar month in which the licence
is issued
|
£29.08
|
|
|
|
PART 3
EASY
ENTRY TELEVISION LICENCE (INCLUDING COLOUR)
8
(1) This
Part specifies the instalments which are payable in respect of a TV licence
known as an “Easy entry television licence (not black and white
only)” which is described in sub-paragraphs (2) to (4).
(2) A
licence of the type referred to in sub-paragraph (1) is a licence of the
same description as that given in the second entry of column 2 of the
table in Schedule 1, but where payment for the licence is to be made in
instalments as provided in this Part.
(3)
(4) Such
a licence is only issued for a period which is more than 8 months where
payments are made in respect of the licence before the due date.
(5) In
this Part, any reference to the period of a licence is to the period beginning
on the date on which the licence is issued and ending on the date on which it
expires.
9
Where no payment is made
in respect of the licence before the due date –
(a) the
amount of the first instalment (referred to in this Part as the “issue
fee”) is to be £7.00 payable on the date on which the licence is
issued;
(b) 25 further
instalments are to be payable at weekly intervals with the first of those
instalments being payable on the date which is the last day of the period of
1 week beginning on the day immediately following the date on which the
licence is issued;
(c) the
amount of each of the first 10 of the instalments is to be £7.00 and the
amount of each of the remaining 15 instalments is to be £6.50.
10
(1) This
paragraph and paragraphs 11 to 17 apply where payments are made in respect of
the licence before the due date.
(2) An
issue fee and a number of further instalments are to be payable in respect of
such a licence.
(3) The
issue fee is to be payable on the date on which the licence is issued.
(4) The
number of further instalments, and the dates on which the instalments are to be
payable, are to be determined in accordance with paragraphs 12 to 17.
11
(1) Where
the first payment in respect of the issue fee is made on the first day of a
period of more than 20 weeks ending on the relevant date, the amount of
the issue fee shall be £90.00.
(2) Where
that payment is made on the first day of a period of more than 16 but not
more than 20 weeks ending on the relevant date, the amount of the issue
fee shall be £72.00.
(3) Where
that payment is made on the first day of a period of more than 12 but not
more than 16 weeks ending on the relevant date, the amount of the issue
fee shall be £63.00.
(4) Where
that payment is made on the first day of a period of more than 8 but not
more than 12 weeks ending on the relevant date, the amount of the issue
fee shall be £50.00.
(5) Where
that payment is made on the first day of a period of more than 4 but not
more than 8 weeks ending on the relevant date, the amount of the issue fee
shall be £33.00.
(6) Where
that payment is made on the first day of a period of more than 4 weeks
ending on the relevant date, the amount of the issue fee shall be £12.50.
12
(1) This
paragraph applies where the issue fee payable is £90.00.
(2) Where
the period of the licence is more than 11 months –
(a) 10 further instalments are to be
payable at fortnightly intervals with the first of those instalments being
payable on the date which is the last day of the period of 2 weeks
beginning on the day immediately following the date on which the licence is
issued;
(b) the amount of each of the 10 instalments is
to be £8.45.[18]
(3) Where
the period of the licence is more than 10 but is not more than
11 months –
(a) 8 further instalments are to be payable
at fortnightly intervals with the first of those instalments being payable on
the date which is the last day of the period of 2 weeks beginning on the
day immediately following the date on which the licence is issued;
(b) the amount of each of the first 7 of the
instalments is to be £10.57 and the final instalment is to be
£10.51.
(4) Where
the period of the licence is more than 9 but is not more than
10 months –
(a) 6 further instalments are to be payable
at fortnightly intervals with the first of those instalments being payable on
the date which is the last day of the period of 2 weeks beginning on the
day immediately following the date on which the licence is issued;
(b) the amount of each of the first 5 of the instalments is to be £14.09 and the final
instalment is to be £14.05.[19]
(5) Where
the period of the licence is more than 8 but is not more than
9 months –
(a) 4 further instalments are to be payable
at fortnightly intervals with the first of those instalments being payable on
the date which is the last day of the period of 2 weeks beginning on the
day immediately following the date on which the licence is issued;
(b) the amount of each of the first 3 of the
instalments is to be £21.13 and the final instalment is to be
£21.11.
13
(1) This
paragraph applies where the issue fee payable is £72.00.
(2) Sub-paragraphs (2)
to (5) of paragraph 12 are to have effect subject to the following
modifications –
(a) sub-paragraph (2)(b)
is to have effect as if it provided for each of the 10 instalments to be £10.25;
(b) sub-paragraph (3)(b)
is to have effect as if it provided for each of the first 7 instalments to
be £12.82 and the final instalment to be £12.76;
(c) sub-paragraph
(4)(b) is to have effect as if it provided for the amount of each of the first
5 instalments to be £17.09 and the final instalment to be £17.05;
(d) sub-paragraph
(5)(b) is to have effect as if it provided for the amount of each of the first
3 instalments to be £25.63 and the final instalment to be £25.61.
14
(1) This
paragraph applies where the issue fee payable is £63.00.
(2) Sub-paragraphs (2)
to (5) of paragraph 12 are to have effect subject to the following
modifications –
(a) sub-paragraph (2)(b)
is to have effect as if it provided for the amount of each of the
10 instalments to be £11.15;
(b) sub-paragraph (3)(b) is to have effect
as if it provided for the amount of each of the first 7
of the instalments to be £13.94 and the final instalment to be
£13.92;
(c) sub-paragraph (4)(b)
is to have effect as if it provided for the amount of each of the first
5 instalments to be £18.59 and the amount of the final instalment to
be £18.55;
(d) sub-paragraph
(5)(b) is to have effect as if it provided for the amount of each of the first
3 instalments to be £27.88 and the final instalment to be £27.86.
15
(1) This
paragraph applies where the issue fee payable is £50.00.
(2) Sub-paragraphs (2)
to (5) of paragraph 12 are to have effect subject to the following
modifications –
(a) sub-paragraph (2)(b)
is to have effect as if it provided for the amount of each of the
10 instalments to be £12.45;
(b) sub-paragraph
(3)(b) is to have effect as if it provided for the amount of each of the first
7 instalments to be £15.57 and the final instalment to be £15.51;
(c) sub-paragraph (4)(b) is to have effect
as if it provided for the amount of each of the 6 instalments to be
£20.75;
(d) sub-paragraph
(5)(b) is to have effect as if it provided for the amount of each of the first
3 instalments to be £31.13 and the final instalment to be £31.11.
16
(1) This
paragraph applies where the issue fee payable is £33.00.
(2) Sub-paragraphs (2)
to (5) of paragraph 12 are to have effect subject to the following
modifications –
(a) sub-paragraph (2)(b)
is to have effect as if it provided for the amount of each of the
10 instalments to be £14.15;
(b) sub-paragraph (3)(b) is to have effect
as if it provided for the amount of each of the first
7 instalments to be £17.69 and the amount of the final instalment to
be £17.67;
(c) sub-paragraph (4)(b)
is to have effect as if it provided for the amount of each of the first 5
instalments to be £23.59 and the final instalment to be £23.55;
(d) sub-paragraph
(5)(b) is to have effect as if it provided for the amount of each of the first
3 instalments to be £35.38 and the final instalment to be £35.36.
17
(1) This
paragraph applies where the issue fee payable is £12.50.
(2) Sub-paragraphs (2)
to (5) of paragraph 12 are to have effect subject to the following
modifications –
(a) sub-paragraph (2)(b)
is to have effect as if it provided for the amount of each of the
10 instalments to be £16.20;
(b) sub-paragraph
(3)(b) is to have effect as if it provided for the amount of each of the 8
instalments to be £20.25;
(c) sub-paragraph (4)(b) is to have effect
as if it provided for the amount of each of the 6 instalments to be
£27.00;
(d) sub-paragraph
(5)(b) is to have effect as if it provided for the amount of each of the 4 instalments
to be £40.50.
Schedule 3[20]
Regulation 3(1)(c)
FEES FOR INTERIM TV LICENCES
PART 1
FEES FOR INTERIM TV LICENCES
Table
Type of licence
|
Description
of licence
|
Fees
|
Interim TV licence (black and
white only) (not in the Channel Islands or the Isle of Man).
|
A licence of the same
description as that given in the first entry of column 2 of the table in
Schedule 1 but which –
|
An amount equal to £4.417
for each month, or part of a month, in the period beginning on the due date
and ending on the last day of the calendar month immediately before the month
in which the licensee attains the age of 75 years (the amount being
rounded down to the nearest penny where necessary).
|
(a) is
issued to a person who has attained the age of 74 years before the due
date, and
|
(b) expires
on the last day of the calendar month immediately before the month in which
that person attains the age of 75 years.
|
Interim TV licence (including
colour) (not in the Channel Islands or the Isle of Man).
|
A licence of the same
description as that given in the second entry of column 2 of the table
in Schedule 1, but which –
|
An amount equal to £13.125
for each month, or part of a month, in the period beginning on the due date
and ending on the last day of the calendar month immediately before the month
in which the licensee attains the age of 75 years (the amount being
rounded down to the nearest penny where necessary).
|
(a) is
issued to a person who has attained the age of 74 years before the due
date, and
|
(b) expires
on the last day of the calendar month immediately before the month in which
that person attains the age of 75 years
|
PArt 2
interim tv licence (including
colour): payment by instalments
1
(1) The
amount referred to in column3 of the table in Part 1 as being payable in
respect of an Interim TV licence (including colour) (“the licence
fee”) is to be payable in instalments in the circumstances specified in
the following provisions of this paragraph; and the amount of each such
instalment, and the date by which it is to be payable, is to be as so provided.
(2) Where –
(a) the person to whom the licence is issued so
elects before the date on which it is issued, and
(b) that person is eligible to hold a licence of
the type referred to in paragraph 1 of Schedule 2 (“Premium
instalment licence”) in respect of the place, vehicle, vessel or caravan
which is to be specified in the licence,
the licence fee is to be
payable in quarterly instalments as provided by Part 1 of that Schedule;
and, for the purposes of determining the amounts of the instalments and the
dates on which they are payable, the licence is to be treated as if it were a
Premium instalment licence.
(3) Where
the person to whom the licence is issued so elects before the date on which it
is issued, the licence fee is to be payable in monthly instalments as provided
by Part 2 of Schedule 2; and, for the purposes of determining the
amounts of the instalments and the dates on which they are payable, the licence
is to be treated as if it were a licence of the type referred to in
paragraph 3 of that Schedule (Budget instalment television licence).
(4) Where –
(a) the person to whom the licence is issued so
elects before the date on which it is issued, and
(b) that person is eligible to hold a licence of
the type referred to in paragraph 8 of Schedule 2 (“Easy entry
television licence”),
the licence fee is to be
payable in fortnightly or weekly instalments as provided by Part 3 of that
Schedule; and, for the purposes of determining the amounts of the instalments
and the dates on which they are payable, the licence is to be treated as if it
were an Easy entry television licence.
(5) In
applying the relevant Part of Schedule 2 –
(a) the licence is to be treated as expiring at
the end of the period of 12 months beginning on the due date;
(b) the difference between £157.50 and the amount referred to in sub-paragraph (1) is to be
deducted from the instalments which would otherwise be payable in accordance
with that Part;
(c) that deduction is to be made first from the
final instalment, then (where necessary) from the preceding instalments working
backwards;
(d) where the amount to be deducted is greater than
the amount of one or more of the instalments, the immediately preceding
instrument is to be reduced by the whole of the additional amount.
Schedule 4[21]
Regulation 3(1)(d)
ACCOMMODATION FOR RESIDENTIAL CARE
LICENCES
part 1
fees payable in respect of tv
licences for accommodation for residential care
1 Type
and description of TV licence
(1) This
Schedule specifies the fee payable in respect of a TV licence known as a
“TV licence (including colour) Accommodation for Residential Care
Composite Form”.
(2) A
licence of the type referred to in sub-paragraph (1) is a licence to
install and use television receivers at those parts of accommodation for
residential care mentioned in the following provisions of this paragraph.
(3) Where
accommodation for residential care comprises a group of dwellings, the licence
is a licence to install and use television receivers at such parts of the
accommodation as consist of residential care dwellings and which are specified
in the licence.
(4) Where
a dwelling constitutes accommodation for residential care by virtue of
paragraph 12, the licence is a licence to install and use television
receivers at any part of the dwelling.
(5) In
all other cases, the licence is a licence to install and use television
receivers at such parts of the accommodation as consist of living rooms or
bedrooms provided for the private occupation of residents and which are
specified in the licence.
2 Issue
fee
(1) Subject
to regulation 6(3), the fee for a TV licence of the type referred to in
paragraph 1 shall be determined in accordance with sub-paragraphs (2)
to (4).
(2) In
the case of accommodation described or referred to in paragraph (a) of any
of the definitions of “accommodation for residential care” in
paragraphs 4 and 7 to 11 of this Schedule, the fee shall be £7.50
for each unit of accommodation specified in the licence.
(3) In
the case of accommodation which consists of a group of dwellings, the fee shall
be £7.50 for each residential care dwelling specified in the licence.
(4) In
the case of accommodation which is accommodation for residential care by virtue
of paragraph 12 of this Schedule, the fee shall be £7.50.
PART 2
INTERPRETATION
3 General
(1) In
this Schedule –
“resident”
means –
(a) in
relation to accommodation which is accommodation for residential care by virtue
of any of paragraphs 4 to 12, a disabled or retired person who is resident
in the accommodation, but does not include a person in charge of the
accommodation or otherwise employed in it, or a member of the family of either
of them;
(b) in relation to accommodation which is accommodation for residential
care by virtue of paragraph 13 below, an eligible person (within the
meaning of that paragraph);
“residential care
dwelling” means –
(a) in
relation to a group of dwellings which is accommodation for residential care by
virtue of any of paragraphs 4 to 11 below, any dwelling which satisfies the
requirements of sub-paragraph (4)(a) to (c);
(b) in
relation to a group of dwellings which is accommodation for residential care by
virtue of paragraph 13, any dwelling occupied by an eligible person
(within the meaning of that paragraph);
“retired”
means any person who is aged 60 years or more and, if he
works –
(a) whose
working hours do not exceed 15 hours a week; or
(b) where
they do exceed that amount, immediately before 1st April 2004 the person –
(i) was ordinarily
resident in accommodation in respect of which a television licence for
accommodation for residential care was in force; and
(ii) was
living in that accommodation as a resident (within the meaning of the Wireless
Telegraphy (Television Licence Fees) Regulations 1997[22] as they had effect at that time).
(2) In
this Schedule “publicly provided or managed”, in relation to a
dwelling, means provided or managed in one of the ways specified
in –
(a) paragraph 6; or
(b) paragraph (b) of each of the
definitions of accommodation for residential care in paragraphs 7 to 11.
(3) For
the purposes of this Schedule a person is disabled if –
(a) his sight, hearing or speech is
substantially impaired;
(b) he has a mental disorder; or
(c) he is physically substantially disabled by
any illness, any impairment present from birth, or otherwise.
(4) In
this Schedule “a group of specially provided dwellings” means a
group of at least four dwellings which fall within a common and exclusive
boundary and (subject to sub-paragraph (5)) –
(a) which are provided
for occupation by disabled or retired persons;
(b) which have been
erected or converted for the purposes of such occupation; and
(c) for which there is a
person whose function is to care for the needs of the persons referred to in
paragraph (a) and who either lives in one of the dwellings within the
group or is employed to work in that group for at least 30 hours a week.
(5) The
conditions in paragraphs (a) to (c) of sub-paragraph (4) shall not
cease to be satisfied in relation to a group of dwellings because –
(a) (where the group of
dwellings is situated in England,
Wales,
Scotland
or Northern Ireland)
not more than 25 per cent of the dwellings are right to buy dwellings
which do not satisfy the condition in sub-paragraph (4)(a);
(b) any dwelling is also
occupied by any member of the family of any person referred to in sub-paragraph (4)(a);
(c) any dwelling is
occupied by a person who, although aged 60 years or over, is not retired;
(d) any dwelling is
occupied by the person referred to in sub-paragraph (4)(c);
(e) one dwelling within
the group is occupied by a person who is employed to maintain the dwellings in
the group or the grounds of those dwellings and that person works in that
employment at least 30 hours a week;
(f) any dwelling
occupied by the person referred to in sub-paragraph (4)(c) or in paragraph (e)
above is also occupied by a member of that person’s family; or
(g) one dwelling within
the group is used for overnight accommodation, for no longer than
28 nights in any consecutive period, for any member of the family of any
person referred to in sub-paragraph (4)(a).
(6) In
this paragraph, “employed” has the same meaning as in
section 230 of the Employment Rights Act 1996.
(7) For
the purposes of this paragraph, a person is not to be regarded as working if he
receives no remuneration for his work.
(8) Sub-paragraph (9)
is to apply for the purposes of calculating the number of hours a week worked
by any person referred to in sub-paragraph (1), (4)(c) or (5)(e).
(9) The
number of hours a week a person works is to be the average number of hours
worked in each week for the period of 12 weeks ending –
(a) where the date
(referred to in this sub-paragraph as “the relevant date”) on which
the application for the licence is made is the last day of a week, with that
week; or
(b) in any other case,
with the last complete week before the relevant date.
(10) In
calculating the period of 12 weeks referred to in sub-paragraph (9)
no account shall be taken of any week during which the person concerned was
absent from work for any reason.
(11) For
the purposes of this paragraph, “week” means any period of
7 days ending on a Saturday.
(12) In
this Schedule two persons are members of the same family if –
(a) they are married;
(b) they are partners;
(c) one of them is the
other’s parent, grandparent, brother, sister, half-brother, half-sister,
aunt or uncle;
(d) one of them is the
child, parent, grandchild, grandparent, brother, sister, half-brother,
half-sister, aunt or uncle of the other’s spouse or partner;
(e) one of them is or
has been the foster child of the other;
(f) one of them is
or has been the foster child of the other’s spouse or partner;
(g) the parent or
present or former foster parent of one of them is or has been the other’s
foster parent; or
(h) one of them is or
has been regularly involved in caring for or being in sole charge of the other
whilst living in the same household.
(13) For
the purposes of this Schedule, a person is the foster child of another person
under the law of any part of the British Islands if he is the foster child of
that person in one of the ways described in sub-paragraph (2)(a) of any of
paragraphs 4, 7, 8, 9, 10 and 11.
(14) For
the purposes of sub-paragraph (12) –
(a) “aunt”
means the sister or half-sister of a person’s parent, and
“uncle” has a corresponding meaning; and
(b) a person is
another’s partner (whether they are of different sexes or the same sex)
if they live together as partners in an enduring family relationship.
4 England
and Wales
(1) In
this Schedule, in relation to England and Wales –
“accommodation for
residential care” means, subject to paragraphs 12 and 13,
either –
(a) an establishment to
which paragraph 5 applies, or
(b) a group of specially
provided dwellings which meets the condition specified in paragraph 6;
“mental
disorder” means mental illness, arrested or incomplete development of
mind, psychopathic disorder, and any other disorder or disability of mind;
“psychopathic
disorder” means a persistent disorder or disability of mind (whether or
not including significant impairment of intelligence) which results in
abnormally aggressive or seriously irresponsible conduct on the part of the
person concerned; and
“right to buy
dwelling” is a dwelling owned by a person who bought the dwelling in
exercise of his right to buy under Part V of the Housing Act 1985 or any
successor in title of such a person.
(2) For
the purposes of this Schedule, in relation to England and Wales, a person is
another’s foster child if –
(a) he has been placed with that person under section 23(2)(a) or 59(1)(a) of the
Children Act 1989, or that other person fosters him privately within the meaning given by section 66(1)(b) of that Act; or
(b) he is
the foster child of that person under the law of any other part of the British
Islands.
5
(1) This
paragraph applies to any establishment the sole or main object of which is, or
is held out to be, the provision of accommodation, whether for reward or not,
for disabled or retired persons and which is –
(a) provided by a local
authority under section 21(1)(a) of the National Assistance Act 1948;
(b) an independent
school within the meaning of the Education Act 1996.
(i) which provides
accommodation for 50 or fewer children under the age of 18 years and which
is not for the time being approved by the Secretary of State under
section 347 of the Education Act 1996; and
(ii) which
provides or is intended to provide residential accommodation with both board
and personal care for children at the school who are in need of personal care
by reason of being disabled, including by reason of a past or present mental
disorder;
(c) an establishment
that is carried on or managed by a person who is registered under Part II
of the Care Standards Act 2000 to carry on or manage the establishment as a
care home within the meaning of section 3 of that Act, or who would be so
registered but for –
(i) regulation 3(1)(b)
of the Care Homes Regulations 2001,
(ii) regulation 3(1)(a)
or (d) of the Care Homes (Wales)
Regulations 2002.
(d) a care hospital; or
(e) an almshouse
established as such before 1st
November 1949.
(2) In
sub-paragraph (1)(d) the reference to a care hospital is to –
(a) any establishment carried on or managed by a
person who is registered under Part II of the Care Standards Act 2000 to
carry on or manage the establishment as an independent hospital within the
meaning of section 2 of that Act; or
(b) a health service
hospital.
(3) In
this paragraph –
“health service hospital” has the same meaning as in
section 128 of the National Health Service Act 1977; and
“personal
care” means care which includes assistance with bodily functions where
such assistance is required.
6
Where accommodation for
residential care comprises a group of specially provided dwellings, the
dwellings which satisfy the requirements of paragraph 3(4)(a) to (c) must
all be dwellings which are provided or managed –
(a) under
Part II of the Housing Act 1985;
(b) by
a housing association within the meaning of the Housing Associations Act 1985;
or
(c) by
a development corporation within the meaning of the New Towns Act 1981.
7 Scotland
(1) In
this Schedule in relation to Scotland –
“accommodation for
residential care” means, subject to paragraphs 12 and 13,
either –
(a) any establishment the sole or main object of
which is, or is held out to be, the provision of accommodation, whether for
reward or not, for disabled or retired persons and –
(i) which is provided
by a local authority under sections 12, 13A, 13B and 59 of the Social Work
(Scotland)
Act 1968, or section 7 of the Mental Health (Scotland)
Act 1984;
(ii) at
which a care service is provided (within the meaning of section 2 of the
Regulation of Care (Scotland) Act 2001) and that service is
registered under Part 1 or Part 2 of that Act; or
(iii) which
is a health service hospital; or
(b) a group of specially
provided dwellings in which the dwellings which satisfy the requirements of
paragraph 3(4)(a) to (c) of this Schedule are dwellings which are provided
or managed –
(i) under Part 1
of the Housing (Scotland)
Act 1987;
(ii) by
a registered social landlord within the meaning of section 57 of the
Housing (Scotland)
Act 2001; or
(iii) by
Scottish Homes under section 1 of the Housing (Scotland) Act 1988;
“health service
hospital” has the meaning given by section 108(1) of the National
Health Service (Scotland)
Act 1978;
“mental disorder” means any mental disorder within the
meaning of the Mental Health (Scotland)
Act 1984; and
“right to buy
dwelling” is a dwelling owned by a person who bought the dwelling in
exercise of his right to buy under Part III of the Housing (Scotland)
Act 1987 or any successor in title of such a person.
(2) For
the purposes of this Schedule, in relation to Scotland, a person is
another’s foster child if –
(a) he has been placed as a
foster child with that other person by a local authority or he is a foster
child of that other person within the meaning of the Foster Children (Scotland)
Act 1984; or
(b) he is
the foster child of that person under the law of any other part of the British
Islands.
8 Northern
Ireland
(1) In
this Schedule in relation to Northern Ireland –
“accommodation for
residential care” means, subject to paragraphs 12 and 13,
either –
(a) any establishment
the sole or main object of which is, or is held out to be, the provision of
accommodation, whether for reward or not, for disabled or retired persons and
which –
(i) is provided by the
Department of Health, Social Services and Public Safety under Article 15
of the Health and Personal Social Services (Northern Ireland) Order 1972;
(ii) is
carried on by a person who is duly registered in respect thereof under
Part II of the Registered Homes (Northern Ireland) Order 1992 or who would
be so registered but for Article 3(2)(f) or 4(4) of that Order; or
(iii) is
carried on by a person who is duly registered in respect thereof under
Part III of the Registered Homes (Northern Ireland) Order 1992 or who
would be so registered but for Article 16(2)(a) or (b) of that Order; or
(b) a group of specially provided dwellings in
which the dwellings which satisfy the requirements of paragraph 3(4)(a) to
(c) of this Schedule are dwellings which are provided or managed –
(i) under the Housing
(Northern Ireland)
Order 1981;
(ii) by
a Housing Association within the meaning of the Housing (Northern Ireland) Order 1992;
“mental
disorder” means any mental disorder within the meaning of the Mental
Health (Northern Ireland)
Order 1986;
“right to buy
dwelling” is a dwelling owned by a person –
(a) who bought the
dwelling in exercise of his right to buy under Part II of the Housing
(Northern Ireland) Order 1983 as it had effect immediately before the day of
the coming into operation of Article 96 of the Housing (Northern Ireland)
Order 1992; or
(b) who bought it under a scheme made under
Article 3 of the Housing (Northern
Ireland) Order 1983 as substituted by
Article 96 of the Housing (Northern
Ireland) Order 1992, or under an earlier
scheme made by the Northern Ireland Housing Executive and having like effect; or
(c) who bought it under a scheme made under
Article 3A of the Housing (Northern Ireland) Order 1983 as inserted by
Article 131 of the Housing (Northern Ireland) Order 2003,
or any successor in title
of such a person.
(2) For
the purposes of this Schedule, in relation to Northern Ireland, a person is
another’s foster child if –
(a) he has been placed with
that person under Article 27(2)(a) or 75(1)(a) of the Children (Northern
Ireland) Order 1995, or that other person fosters him privately within the
meaning given by Article 106(1) of that Order; or
(b) he is
the foster child of that person under the law of any other part of the British
Islands.
9 Guernsey
(1) In
this Schedule in relation to the Bailiwick of Guernsey –
“accommodation for
residential care” means, subject to paragraphs 12 and 13,
either –
(a) any establishment the sole or main object of
which is, or is held out to be, the provision of accommodation, whether for
reward or not, for disabled or retired persons and which –
(i) is carried on by
a person who is duly registered in respect thereof under the Nursing Homes and
Residential Homes (Guernsey) Law 1976; or
(ii) is
exempt from registration under section 6 of that Law; or
(b) a group of specially
provided dwellings which are provided or managed –
(i) by any Committee
of the States of Guernsey; or
(ii) by
a body approved in writing for the purposes of these Regulations by the
Department of Health and Social Services;
“mental
disorder” means any mental ailment within the meaning of the Mental
Treatment Law (Guernsey) 1939.
(2) For
the purposes of this Schedule, in relation to the Bailiwick of Guernsey, a
person is another’s foster child if –
(a) he has been boarded out with that person by
the Health and Social Services Department under Article V of the Loi Ayant
Rapport à L’Asile des Enfants; or
(b) he is
the foster child of that person under the law of any other part of the
British Islands.
10 Isle of Man
(1) In
this Schedule in relation to the Isle of Man –
“accommodation for
residential care” means, subject to paragraphs 12 and 13,
either –
(a) any establishment the sole or main object of
which is, or is held out to be, the provision of accommodation, whether for
reward or not, for disabled or retired persons and which –
(i)
(ii) is
provided under the National Health Service Act 2001; or
(iii) is
provided under section 2 of the Social Services Act 2011;
(iv) is
carried on by a person who is duly registered in respect thereof under the
Regulation of Care Act 2013 or would be so registered but for section 54
of that Act; or
(b) a group of specially provided dwellings
which are provided or managed –
(i) under
Part IV of the Housing Act 1955; or
(ii) by
a housing association under Part II of the Housing (Miscellaneous
Provisions) Act 1976;
“mental
disorder” means any mental disorder within the meaning of the Mental
Health Act 1998.
(2) For
the purposes of this Schedule, in relation to the Isle of Man, a person is
another’s foster child if –
(a) he has been placed with that person under section 26(1)(a) of the Children and Young
Persons Act 2001, or that other person fosters him privately within the meaning
given by section 57(1) of that Act; or
(b) he is the foster child
of that person under the law of any other part of the British Islands.
11 Jersey
(1) In
this Schedule in relation to the Bailiwick of Jersey –
“accommodation for
residential care” means, subject to paragraph 13,
either –
(a) any establishment
the sole or main object of which is, or is held out to be, the provision of
accommodation, whether for reward or not, for disabled or retired persons and
which –
(i) is carried on by
a person who is duly registered in respect thereof under the Nursing and
Residential Homes (Jersey) Law 1994;[23] or
(ii) is
exempt from registration under that Law; or
(b) a group of specially
provided dwellings which are provided or managed –
(i) by a Committee of
the States;
(ii) by
one of the Parishes; or
(iii) by a
body approved in writing for the purposes of these Regulations by the Health
and Social Services Committee;
“mental disorder” means a mental disorder as defined in the
Mental Health (Jersey) Law 1969.[24]
(2) For
the purposes of this Schedule, in relation to the Bailiwick of Jersey, a person
is another’s foster child if –
(a) he is a foster child
within the meaning of Article 56 of the Children
(Jersey) Law 1969 and his care and maintenance has been undertaken by that
other person; or
(b) he is the foster child
of that person under the law of any other part of the British Islands.
12 Accommodation for
residential care: supplementary provisions
(1) For
the purposes of Part 1 of this Schedule, accommodation for residential
care is to include a dwelling which is occupied by –
(a) a person who immediately before 19th May 1988 was licensed
by a television licence for accommodation for residential care
(“a licensee”); or
(b) a person who
immediately before that date was living with a licensee and who would, at that
time, have qualified to be so licensed,
and which is publicly
provided or managed.
(2) A
dwelling, which is situated in England, Wales, Scotland or Northern Ireland,
shall not constitute accommodation for residential care by virtue of
sub-paragraph (1) if every person occupying it who falls within paragraph (a)
or (b) of that sub-paragraph is aged 75 years or more.
(3) Sub-paragraph (1)
does not apply in the Bailiwick of Jersey.
13
(1) For
the purposes of Part 1 of this Schedule, accommodation for residential
care is to include qualifying accommodation in which one or more eligible
persons are living.
(2) In
this paragraph –
(a) “eligible person”, in relation
to any qualifying accommodation, means any person who –
(i) is a disabled or
retired person;
(ii) is
ordinarily resident in the accommodation in a dwelling which is provided for
occupation by such persons, and which was erected or converted for the purposes
of such occupation;
(iii) (where
the accommodation is situated in England, Wales, Scotland or Northern Ireland) is under the age
of 75 years;
(iv) was
ordinarily resident in any dwelling forming part of the accommodation at any
time on or after 1st June 1998 during the period specified in a relevant
licence issued in respect of the accommodation; and
(v) at that time was a
disabled or retired person, and was living in the accommodation in a dwelling
which was provided for occupation by such persons, and which was erected or
converted for the purposes of such occupation;
(b) “qualifying
accommodation” means a group of at least 4 dwellings –
(i) which are publicly
provided or managed;
(ii) one
or more of which are provided for occupation by disabled or retired persons and
were erected or converted for the purposes of such occupation; and
(iii) which
together constituted accommodation in respect of which a relevant licence was
issued for any period ending on or after 1st June 1998;
(c) “relevant licence” means a
licence of the type specified in paragraph 1 of this Schedule which was
issued on the grounds that the accommodation to which it applied constituted
accommodation for residential care by virtue of being a group of specially
provided dwellings as described or referred to in any of paragraphs 4 to
11 above.
(3) For
the purposes of sub-paragraph (2) –
(a) a dwelling does not
cease to be provided for occupation by a disabled or retired person by reason
only that it is also occupied by members of that person’s family;
(b) in the case of a
group of dwellings in England,
Wales,
Scotland
or Northern Ireland,
the dwellings are to be treated as being publicly provided or managed
if –
(i) at least
75 per cent of the dwellings are so provided or managed (including
all of those provided for occupation by disabled persons or retired persons);
and
(ii) the
remainder are right to buy dwellings.
Schedule 5[25]
Regulation 3(1)(e)
TV LICENCE FEES FOR HOTELS AND
HOSPITALITY AREAS AND MOBILE UNITS
1 Interpretation
(1) In
this Schedule –
“hospitality
area” means any establishment, other than a hotel, within the same
premises or, as the case may be, on the same site which provides rooms or other
similar places (referred to below as “entertainment units”) in
which entertainment is provided for guests (whether or not for payment);
“hotel” means
any establishment (including an inn, guest house, holiday camp, caravan site or
camp site) within the same premises or, as the case may be, on the same site
which (whether or not it also provides other services) offers accommodation
consisting wholly or mainly of units of overnight accommodation for guests
staying for no longer than 28 consecutive nights;
“mobile units”
means mobile units of overnight accommodation (whether or not used at other
times) for guests, which are provided by the same person and operated from the
same place;
“relevant
amount”, where it is used for the purposes of determining an amount
payable in respect of television receivers installed or used in one or more
units, means –
(a) where black and white television receivers
only are installed or used in the units, £58.50;
(b) in any other case, £174.50; and
“units” means
entertainment units in a hospitality area, units of overnight accommodation in
a hotel or mobile units, as the case may be;
“unit of overnight
accommodation” in relation to a hotel means all or part of any roofed or
covered building or structure designed, adapted or offered for human habitation
and –
(a) includes
a caravan, mobile home, movable dwelling, tent or other like structure, but
(b) does
not include land (whether or not provided with services) on which guests are
permitted to place such structures not offered to them by the hotel.
2 Type
and description of TV licence
(1) This
Schedule specifies the fee payable in respect of a TV licence known as a
‘TV licence Hospitality Area, Hotel and Mobile Units Comprehensive
Form’.
(2) A
licence of the type referred to in sub-paragraph (1) is a licence to
install and use television receivers in a hospitality area, hotel or mobile
units.
3 Issue
fee
(1) Where
television receivers are only installed or used otherwise than in units used or
available for use by guests, the fee is –
(a) £58.50, where only black and
white television receivers are used or installed; or
(b) in any other case, £174.50.
(2) In
any case not falling within sub-paragraph (1) the fee is to be determined
as follows –
(a) if the number of units used or available for
use by guests in which television receivers are installed or used does not
exceed 15, the fee is the relevant amount;
(b) if the number of such units exceeds 15 and
forms a multiple of 5, the fee is –
A + B, where
A is the relevant amount, and
B is the total amount payable in respect of the units exceeding 15
where the amount payable in respect of each multiple of 5 such units is the
relevant amount;
(c) if the number of units used or available for
use by guests in which television receivers are installed or used exceeds 15
but does not form a multiple of 5, the fee is the fee applicable under
paragraph (b) above for the multiple next above that number.
(3) For
the purposes of determining the fee under sub-paragraph (2) units in which
colour television receivers are installed or used shall be counted first.
Schedule 6
Regulation 7(1)
REVOCATIONS
|
|
The Wireless
Telegraphy (Television Licence Fees) Regulations 1997[26]
|
S.I. 1997/290
|
The Wireless
Telegraphy (Television Licence Fees) (Amendment) Regulations 1998[27]
|
S.I. 1998/558
|
The Wireless
Telegraphy (Television Licence Fees) (Amendment) Regulations 1999[28]
|
S.I. 1999/765
|
The Wireless
Telegraphy (Television Licence Fees) (Amendment) Regulations 2000[29]
|
S.I. 2000/630
|
The Wireless Telegraphy
(Television Licence Fees) (Amendment) Regulations 2001[30]
|
S.I. 2001/772
|
The Wireless
Telegraphy (Television Licence Fees) (Amendment) Regulations 2002[31]
|
S.I. 2002/641
|
The Wireless
Telegraphy (Television Licence Fees) (Amendment) Regulations 2003[32]
|
S.I. 2003/663
|