The Communications
(Television Licensing) (Amendment) Regulations 2016
Registered by the Royal Court 29th July 2016
Coming into force 1st
September 2016
THE
SECRETARY OF STATE, in exercise of the powers conferred by sections 365(1)
and (4), 368 and 402 of the Communications Act 2003, as extended by the
Communications (Jersey) Order 2003[1], the Broadcasting and
Communications (Jersey) Order 2004[2], the Communications (Bailiwick of
Guernsey) Order 2003, the Communications (Bailiwick of Guernsey) Order 2004 and
the Communications (Isle of Man) Order 2003, makes the following Regulations –
To
the extent that these Regulations are made under section 365 of the
Communications Act 2003, they are made with the consent of the Treasury in
accordance with subsection (6) of that section.
1 Citation, commencement and extent
(1) These
Regulations may be cited as the Communications (Television Licensing)
(Amendment) Regulations 2016 and shall come into force on 1st September 2016.
(2) These
Regulations extend to the Channel Islands and the Isle of Man.
2 Amendment
of the Communications (Television Licensing) Regulations 2004
The Communications (Television Licensing) Regulations 2004[3] are amended as set out in regulations 3
to 8 of these Regulations.
3 Amendment
of regulation 5
In regulation 5(2)(a)(iii) (concessions for blind persons), for
“Social Security” substitute “Social Care”.
4 Amendment
of regulation 6
(1) Regulation 6
(concessions for persons aged 75 years or more) is amended as follows.
(2) In
paragraph (2) omit “, the Isle of Man or the Bailiwick of Guernsey
(but excluding Sark)”.
(3) After
paragraph (2) insert –
“(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.”.
5 Amendment
of regulation 8
(1) In
regulation 8 (interpretation of Part 3), in the appropriate place
insert –
“ “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;”.
6 Amendment
of regulation 9
(1) In
regulation 9 (meaning of “television receiver”), for
paragraph (1) substitute –
“(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.”.
7 Amendment
of Schedule 3
(1) Part 1
of Schedule 3 (fees for interim TV licences) is amended as follows.
(2) In
the first column of the table (type of licence) in each case for the words
“(not in the Channel Islands, except in the Bailiwick of Guernsey
(excluding Sark))” substitute “(not in the Channel Islands or the
Isle of Man)”.
8 Amendment
of Schedule 4
(1) Part 2
of Schedule 4 (accommodation for residential care licences) is amended as
follows.
(2) In
paragraph 10(1)(a), for sub-paragraphs (ii) and (iii)
substitute –
“(ii) is provided under the
National Health Service Act 2001; or
(iii) is provided under section 2 of the
Social Services Act 2011.”.
(3) After
paragraph 10(1)(a)(iii) insert –
“(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”.
9 Modification
of the Communications Act 2003
(1) In
section 368 of the Communications Act 2003 (meanings of “television
receiver” and “use”), for subsection (3)
substitute –
“(3) References in this Part to
using a television receiver are references to using it for –
(a) receiving all or any part of any television
programme, or
(b) receiving all or any part of a programme
included in an on-demand programme services which is provided by the BBC,
and that reference to the
provision of an on-demand programme service by the BBC is to be read in
accordance with section 368R(5) and (6).”.
(2) In
the application of section 368(3)(b) to the Channel Islands and the Isle
of Man, “on-demand programme service”, and references to the
provision of such a service by the BBC, have the same meanings which they have
in Part 3 of the Communications (Television Licensing) Regulations 2004[4] (as amended by
regulation 5 of these Regulations).
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John whittingdale
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30th June 2016
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Secretary of State
Department for Culture, Media and Sport
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george hollingberry
david evennett
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6th July 2016
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Two of the Lord Commissioners of Her Majesty’s Treasury
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