The Wireless Telegraphy (Television Licence Fees) (Amendment) Regulations 2003 No. 663

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STATUTORY INSTRUMENTS

2003 No. 663
TELEGRAPHS
The Wireless Telegraphy (Television Licence Fees) (Amendment) Regulations 2003

	Made	5th March 2003
	Laid before Parliament	11th March 2003
	Coming into force	1st April 2003

The Secretary of State, in exercise of the powers conferred by section 2 of the Wireless Telegraphy Act 1949[1], as it has effect in the United Kingdom and as extended by the Wireless Telegraphy (Channel Islands) Order 1952[2] and the Wireless Telegraphy (Isle of Man) Order 1952[3], and now vested in her[4], hereby, with the consent of the Treasury, makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Wireless Telegraphy (Television Licence Fees) (Amendment) Regulations 2003 and shall come into force on 1st April 2003.

Amendment of the 1997 Regulations
     2. The Wireless Telegraphy (Television Licence Fees) Regulations 1997[5] shall be amended in accordance with the following provisions of these Regulations.

Licence fee increases
     3. In Part I of Schedule 2 (issue fees for television licences) -

4. In paragraph 1(d) of Part III of Schedule 2 (television licence issue fees for hotels and hospitality areas and mobile units) -

(a) for "£37.50" substitute "£38.50"; and

(b) for "£112.00" substitute "£116.00".

5. In column 3 of Schedule 3 (fees for television licences payable in instalments) -

(a) in the entry relating to the type of licence specified in entry 1 in column 1, for "£29.25" in each place where it occurs substitute "£30.25";

(b) in the entry relating to the type of licence specified in entry 2 in column 1, for the words from "An issue fee of £65.35" to "thereafter two instalments of £37.33" substitute -

6. In Schedule 4 (fees for interim television licences) for "£3.125" and "£9.333" substitute respectively "£3.208" and "£9.666".

Accommodation for residential care
7. In paragraph (1) of regulation 4 (television licence fees) for the words from "or, in the case of entry 6" to the end of that paragraph substitute -

" or, in the case of entries 5 and 6 in column 1 of that Part, determined in accordance with the provisions referred to in column 3."

8. In Part I of Schedule 2, in relation to the type of licence specified in entry 5 of column 1 -

(a) in the description in column 2, for the words from "in the case of accommodation" to "paragraph 1(b)(i) to (iii) of Part II of this Schedule" substitute -

" in the case of accommodation consisting of a group of dwellings, in residential care dwellings; and"

(b) for the entry in column 3 substitute -

" To be determined in accordance with paragraph 10 of Part II of this Schedule.".

9. - (1) Part II of Schedule 2 shall be amended in accordance with this regulation.

(2) For the heading to Part II substitute -

" Entry 5 in Part I of this Schedule: supplementary provisions."

(3) In paragraph 1 -

(a) for sub-paragraph (c) substitute -

(b) after sub-paragraph (c) insert -

(e) "publicly provided or managed", in relation to a dwelling, means provided or managed in one of the ways specified in sub-paragraph (b) of each of the definitions of "accommodation for residential care" in paragraphs 2 to 7 below.".

(4) For paragraph 8 substitute -

" Accommodation for residential care: supplementary provisions

- (1) References in Part I of this Schedule, and in paragraph 10 of this Part, to accommodation for residential care shall include a dwelling which is occupied by -

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) above if every person occupying it who falls within paragraph (a) or (b) of that sub-paragraph is aged 75 years or more.

     9. - (1) References in Part I of this Schedule, and in paragraph 10 of this Part, to accommodation for residential care shall 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 -

(b) "qualifying accommodation" means a group of at least 4 dwellings -

(c) "relevant licence" means a licence of the type specified in entry 5 in column 1 of Part I 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 in any of paragraphs 2 to 7 above.

(3) For the purposes of sub-paragraph (2) above -

(a) a dwelling does not cease to be provided for occupation by a disabled person, a mentally disordered person or a retired person aged 60 years or more by reason only that it is also occupied by members of his 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 -

(5) At the end of Part II insert -

" Issue fees for television licences for accommodation for residential care

10.

- (1) Subject to sub-paragraph (5), the issue fee for a television licence for accommodation for residential care shall be determined in accordance with sub-paragraphs (2) to (4) below.

    (2) In the case of accommodation described in sub-paragraph (a) of any of the definitions of "accommodation for residential care" in paragraphs 2 to 7 above, the issue fee shall be £5 for each unit of accommodation occupied by a resident.

    (3) In the case of accommodation which consists of a group of dwellings, the issue fee shall be £5 for each residential care dwelling.

    (4) In the case of accommodation which is accommodation for residential care by virtue of paragraph 8 above, the issue fee shall be £5.

    (5) For the purposes of calculating the issue fee, no account shall be taken (except in the Channel Islands and the Isle of Man) of any unit of accommodation or, as the case may be, dwelling that is the sole or main residence of a resident aged 75 years or more.".

Savings
10. The Wireless Telegraphy (Television Licence Fees) Regulations 1997 shall continue to apply without the amendments made by these Regulations in relation to any television licence issued before 1^s^t April 2003.

Tessa Jowell
Secretary of State for Culture, Media and Sport

3rd March 2003

We consent to these Regulations

Philip Woolas

Nick Ainger
Two of the Commissioners of Her Majesty's Treasury

5th March 2003

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Wireless Telegraphy (Television Licence Fees) Regulations 1997 ("the principal Regulations").

Licence fee increases
Regulations 3 to 6 increase the amount of the basic fee for television licences from £37.50 to £38.50 in the case of black and white, and from £112.00 to £116.00 in the case of colour. In the case of licences for hotels and hospitality areas and mobile units, where the fee is calculated by reference to "the relevant amount", that amount is also increased from £37.50 to £38.50 in the case of black and white, and from £112.00 to £116.00 in the case of colour. In the case of instalment licences-

Accommodation for residential care
Regulations 7 to 9 extend the range of accommodation which is capable of constituting accommodation for residential care for the purposes of the principal Regulations. Entry 5 in Part I of Schedule 2 to the principal Regulations specifies the issue fee which is payable for a television licence authorising the installation and use of television receivers in accommodation for residential care. Accommodation for residential care is defined in Part II of Schedule 2 to the principal Regulations, and includes both residential care establishments and groups of specially provided dwellings providing residential care. Paragraph 8 of Part II of Schedule also makes provision for single dwellings to constitute accommodation for residential care where the dwelling would have qualified as accommodation for residential care under the Wireless Telegraphy (Broadcast Licence Charges and Exemption) Regulations 1984. Such a dwelling constitutes accommodation for residential care if it is occupied by a person who, immediately before 19 May 1988, was licensed by a television licence for accommodation for residential care.

Regulation 9(4) amends Part II of Schedule 2 by substituting a new paragraph 8. As substituted, paragraph 8 provides for accommodation for residential care to include certain types of dwelling where they are occupied either by a person who, immediately before 19 May 1988, was licensed by a television licence for accommodation for residential care, or by a person who immediately before that date was living with such a person and who would himself at that time have qualified to be so licensed. The types of dwelling concerned are those provided or managed in one of the ways specified in any of paragraphs 2 to 4, 6 and 7 of Part II of Schedule 2 to the principal Regulations.

Regulation 9(4) also inserts a new paragraph 9 in Part II of Schedule 2 which has the effect of extending the scope of those groups of dwellings which are able to qualify for a television licence for accommodation for residential care.

Under paragraph 9, a group of at least 4 dwellings is capable of constituting accommodation for residential care if -

Where a group of dwellings meets the conditions referred to above, it will constitute accommodation for residential care if one or more eligible persons are living in it. For these purposes, an "eligible person" means a person who meets the following conditions:

The remainder of the provisions in regulations 7 to 9 are consequential on the amendments made by regulation 9(4).

Notes:

[1] 1949 c. 54; section 2 is amended by paragraph 2 of Part I of Schedule 18 to the Broadcasting Act 1990 (c. 42). That part of that Schedule was extended to Guernsey by the Broadcasting Act 1990 (Guernsey) Order 1991 (S.I. 1991/191); to Jersey by the Broadcasting Act 1990 (Jersey) Order 1991 (S.I. 1991/193); and to the Isle of Man by the Broadcasting Act 1990 (Isle of Man) Order 1991 (S.I. 1991/192). Section 2 is further amended by paragraph 1 of Schedule 1 to the Wireless Telegraphy Act 1998 (c. 6), and those amendments are extended to Guernsey by the Wireless Telegraphy (Guernsey) Order 1998 (S.I. 1998/1511); to Jersey by the Wireless Telegraphy (Jersey) Order 1998 (S.I. 1998/1512); and to the Isle of Man by the Wireless Telegraphy (Isle of Man) Order 1998 (S.I. 1998/1510). The amendments made by the 1998 Act in part supersede those made by the 1990 Act and accordingly paragraph 2(2) of Part I of Schedule 18 to the 1990 Act is repealed by Schedule 2 to the 1998 Act.back

[2] S.I. 1952/1900.back

[3] S.I. 1952/1899.back

[4] Post Office Act 1969 (c. 48); S.I. 1969/1369 and 1371 and 1974/691.back

[5] S.I. 1997/290, amended by S.I. 1998/558, 1999/765, 2000/630, 2001/772 and 2002/641.back

ISBN 0 11 045221 6

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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Wireless Telegraphy (Television Licence Fees) (Amendment) Regulations 2003 No. 663 URL: https://www.bailii.org/uk/legis/num_reg/2003/20030663.html