The Wireless Telegraphy (Television Licence Fees) Regulations 1997

Made: 11th February 1997

Laid before Parliament: 12th February 1997

Coming into force: 1st April 1997

The Secretary of State, in exercise of the powers conferred by sections 1 and 2 of the Wireless Telegraphy Act 1949[^f00001], as they have effect in the United Kingdom and as extended by the Wireless Telegraphy (Channel Islands) Order 1952[^f00002] and the Wireless Telegraphy (Isle of Man) Order 1952[^f00003], and now vested in her[^f00004], hereby, with the consent of the Treasury, makes the following Order:

Citation, commencement, revocation and extent

1

• (1) These Regulations may be cited as the Wireless Telegraphy (Television Licence Fees) Regulations 1997 and shall come into force on 1st April 1997.

• (2) The Regulations specified in Schedule 1 to these Regulations are hereby revoked.

• (3) These Regulations extend to the United Kingdom, the Channel Islands and the Isle of Man.

Interpretation

2

In these Regulations—

• (a) “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,

• (b) “touring caravan” means a caravan normally used for touring from place to place.

Meaning of Television Receiver

3

The following class or description of television receiving apparatus is hereby specified for the purpose of the definition of “television receiver” in the Wireless Telegraphy Act 1949[^f00005], namely such apparatus installed or used for the purpose of receiving television programme services, as defined by section 2(4) of the Broadcasting Act 1990, whether or not the apparatus is installed or used for other purposes.

Television licence fees

4

• (1) On the issue of a television licence (as defined by section 1(7) of the Wireless Telegraphy Act 1949) of a type specified in an entry in column 1 of Part I of Schedule 2 to these Regulations and of the description specified in column 2 of that Part in relation to that entry, there shall be paid (irrespective of the duration of the licence) as the issue fee for a licence of that type and description the sum or, as the case may be, multiples of sums prescribed in column 3 of that Part or, in the case of entry 6 in column 1 of that Part, determined in accordance with Part III of the said Schedule.

• (2) On the issue of a television licence of a type specified in an entry in column 1 of Schedule 3 to these Regulations and of the description specified in column 2 of that Schedule in relation to that entry, there shall be paid (irrespective of the duration of the licence) as the issue fee for a licence of that type and description the sum which is prescribed in column 3 of that Schedule in respect of that entry and thereafter as instalment payments such sums as are so prescribed.

Duplicate licences

5

Where a television licence has been lost or destroyed, there shall be paid on the issue of a duplicate of such a licence the sum of £3.25.

SCHEDULE 1 — REVOCATIONS

Regulations	References
The Wireless Telegraphy (Television Licence Fees) Regulations 1991	S.I.1991/436
The Wireless Telegraphy (Television Licence Fees) (Amendment) Regulations 1992	S.I.1992/353
The Wireless Telegraphy (Television Licence Fees) (Amendment) Regulations 1993	S.I.1993/476
The Wireless Telegraphy (Television Licence Fees) (Amendment) (No. 2) Regulations 1993	S.I.1993/2205
The Wireless Telegraphy (Television Licence Fees) (Amendment) Regulations 1994	S.I.1994/595
The Wireless Telegraphy (Television Licence Fees) (Amendment) Regulations 1995	S.I.1995/655
The Wireless Telegraphy (Television Licence Fees) (Amendment) Regulations 1996	S.I.1996/379
The Wireless Telegraphy (Television Licence Fees) (Amendment) (No. 2) Regulations 1996	S.I.1996/1772

SCHEDULE 2 — ISSUE FEES FOR TELEVISION LICENCES

PART I — Fees

1

Television licence (black and white only) General Form

2

Television licence (including colour) General Form

3

Television licence (black and white only) Multiple Form

4

Television licence (including colour) Multiple Form

5

Television licence (including colour) Accommodation for Residential Care Composite Form

6

Television licence Hospitality Area, Hotel and Mobile Units Comprehensive Form

PART II — DEFINITIONS FOR PURPOSES OF ENTRY 5 IN PART I OF THIS SCHEDULE

General

1

In this Schedule—

• (a) “disabled person” means a person who is blind, deaf or dumb or who is substantially and permanently handicapped by illness, injury or congenital deformity;

• (b) “a group of specially provided dwellings” means a group of at least four dwellings which fall within a common and exclusive boundary and—

• (i) which are provided for occupation by disabled persons, mentally disordered persons or retired persons of pensionable age;

• (ii) which have been erected or converted for the purposes of such occupation; and

• (iii) for which there is a person whose function is to care for the needs of the persons referred to in sub-section (i) above and who either lives in one of the dwellings within the group or works in that group for at least 30 hours a week;

Provided that the conditions in sub-paragraphs (i) to (iii) do not cease to be satisfied in relation to a group of dwellings because—

• (aa) in England, Wales, Scotland and 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 (i); or

• (bb) any dwelling is also occupied by any member of the family of any person referred to in sub-paragraph (i); or

• (cc) any dwelling is occupied by the person referred to in sub-paragraph (iii) above or a member of his family;

• (c) “a resident” means a disabled person, a mentally disordered person or a retired person of pensionable age who is ordinarily resident in accommodation for residential care, but does not include a person in charge thereof or otherwise employed therein or a member of the family of either of them.

England and Wales

2

In this Schedule in relation to England and Wales—

• “accommodation for residential care” means, subject to paragraph 8 below, either— 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 persons, mentally disordered persons or retired persons of pensionable age and which— is provided by a local authority under section 21(1)(a) of the National Assistance Act 1948[^f00006]; or is carried on by a person who is duly registered in respect thereof under Part I of the Registered Homes Act 1984[^f00007] or who would be so registered but for section 1(4) or 1(5)(j) of that Act; or is carried on by a person who is duly registered in respect thereof under Part II of the Registered Homes Act 1984 or who would be so registered but for section 21(3)(a) of that Act; or is an almshouse established as such before 1st November 1949; or a group of specially provided dwellings in which the dwellings which satisfy the requirements of paragraph 1(b)(i) to (iii) are dwellings which are provided or managed— under Part II of the Housing Act 1985[^f00008]; or by a housing association within the meaning of the Housing Associations Act 1985[^f00009]; or by a development corporation within the meaning of the New Towns Act 1981[^f00010] or by the Development Board for Rural Wales in accordance with section 3(2) of the Development of Rural Wales Act 1976[^f00011];

• “mentally disordered person” means a person who is suffering from any mental disorder within the meaning of the Mental Health Act 1983[^f00012];

• “pensionable age” has the same meaning as in Schedule 4 to the Pensions Act 1995[^f00013]; and

• “a right to buy dwelling” is a dwelling owned by a person who bought it in exercise of his right to buy under Part V of the Housing Act 1985 or any successor in title of such a person.

Scotland

3

In this Schedule in relation to Scotland—

• “accommodation for residential care” means, subject to paragraph 8 below, either— any establishment the sole or substantial function of which is, or is held out to be, the provision of accommodation, whether for reward or not, for disabled persons, mentally disordered persons or retired persons of pensionable age and which— is provided by a local authority under sections 12, 13A, 13B and 59 of the Social Work (Scotland) Act 1968[^f00014], or section 7 of the Mental Health (Scotland) Act 1984[^f00015]; or is carried on by a person who is duly registered in respect thereof under section 62 or 63 of the Social Work (Scotland) Act 1968; or is, or in respect of which the person carrying on the establishment is, not required to be registered under section 62 or 63 of the Social Work (Scotland) Act 1968 by virtue of section 61; or is carried on by a person who is duly registered in respect thereof under the Nursing Homes Registration (Scotland) Act 1938[^f00016] or who would be so registered but for section 10(3)(a) of that Act; or under section 12 of the Mental Health (Scotland) Act 1984; or a group of specially provided dwellings in which the dwellings which satisfy the requirements of paragraph 1(b)(i) to (iii) are dwellings which are provided or managed— under Part 1 of the Housing (Scotland) Act 1987[^f00017]; or by a housing association within the meaning of the Housing Associations Act 1985; or by a development corporation within the meaning of the New Towns (Scotland) Act 1968[^f00018]; or by Scottish Homes within the meaning of the Housing (Scotland) Act 1988[^f00019];

• “mentally disordered person” means a person who is suffering from any mental disorder within the meaning of the Mental Health (Scotland) Act 1984;

• “pensionable age” has the same meaning as in Schedule 4 to the Pensions Act 1995; and

• “a right to buy dwelling” is a dwelling owned by a person who bought it 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.

Northern Ireland

4

In this Schedule in relation to Northern Ireland—

• “accommodation for residential care” means, subject to paragraph 8 below, either— 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 persons, mentally disordered persons or retired persons of pensionable age and which— is provided by the Department of Health and Social Services for Northern Ireland under Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00020]; or is carried on by a person who is duly registered in respect thereof under Part II of the Registered Homes (Northern Ireland) Order 1992[^f00021] or who would be so registered but for Article 3(2)(f) or 4(4) of that Order; or 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 a group of specially provided dwellings in which the dwellings which satisfy the requirements of paragraph 1(b)(i) to (iii) are dwellings which are provided or managed— under the Housing (Northern Ireland) Order 1981[^f00022]; or by a Housing Association within the meaning of the Housing (Northern Ireland) Order 1992[^f00023];

• “mentally disordered person” means a person who is suffering from any mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986[^f00024];

• “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995[^f00025]; and

• “a right to buy a dwelling” is a dwelling owned by a person— who bought it in exercise of his right to buy under Part II of the Housing (Northern Ireland) Order 1983[^f00026] as it had effect immediately before the day of the coming into operation of Article 96 of the Housing (Northern Ireland) Order 1992; or 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 any successor in title of such a person.

Jersey

5

In this Schedule in relation to the Bailiwick of Jersey—

• “accommodation for residential care” means— 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 persons, mentally disordered persons or retired persons of pensionable age and which— is carried on by a person who is duly registered in respect thereof under the Nursing and Residential Homes (Jersey) Law 1994; or is exempt from registration under that Law; or a group of specially provided dwellings which are provided or managed— by a Committee of the States; or by one of the Parishes; or by a body approved in writing for the purposes of these Regulations by the President or Vice-President of the Health and Social Services Committee;

• “mentally disordered person” means a person who is suffering from mental disorder, as defined in the Mental Health (Jersey) Law 1969; and

• “pensionable age” has the same meaning as in the Social Security (Jersey) Law 1974.

Guernsey

6

In this Schedule in relation to the Bailiwick of Guernsey—

• “accommodation for residential care” means, subject to paragraph 8 below, either— 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 persons, mentally disordered persons or retired persons of pensionable age and which— is carried on by a person who is duly registered in respect thereof under the Nursing Homes and Residential Homes (Guernsey) Law 1976; or is exempt from registration under section 6 of that Law; or a group of specially provided dwellings which are provided or managed— by any Committee of the States of Guernsey; or by a body approved in writing for the purposes of these Regulations by the President or the acting President of the States of Guernsey Board of Health;

• “mentally disordered person” means a person suffering from any mental ailment within the meaning of the Mental Treatment Law (Guernsey) 1939; and

• “pensionable age” has the same meaning as in the Social Insurance (Guernsey) Law 1978.

Isle of Man

7

In this Schedule in relation to the Isle of Man—

• “accommodation for residential care” means, subject to paragraph 8 below, either— 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 persons, mentally disordered persons or retired persons of pensionable age and which— is provided under section 22 of the National Health Service (Isle of Man) Act 1948[^f00027]; or is provided under section 22(1) of the National Assistance (Isle of Man) Act 1951[^f00027]; or is carried on by a person who is duly registered in respect thereof under the Nursing and Residential Homes Act 1988[^f00027]; or who would be so registered but for section 1(2), (3) or (5) of that Act; or a group of specially provided dwellings which are provided or managed— under Part IV of the Housing Act 1955[^f00027]; or by a housing association under Part II of the Housing (Miscellaneous Provisions) Act 1976[^f00027];

• “mentally disordered person” means a person who is suffering from any mental disorder within the meaning of the Mental Health Act 1974[^f00027]; and

• “pensionable age” has the same meaning as in the Social Security and Contributions and Benefits Act 1992[^f00028] as applied to the Isle of Man by the Social Security Contributions and Benefits Act 1992 (Application) Order 1994[^f00029].

Savings

8

In paragraphs 2 to 4 and 6 and 7 above the expression “accommodation for residential care” shall include a dwelling which, before the coming into force on 19th May 1988 of the Wireless Telegraphy (Broadcast Licence Charges and Exemption) (Amendment No. 2) Regulations 1988[^f00030], would have qualified as accommodation for residential care under the Wireless Telegraphy (Broadcast Licence Charges and Exemption) Regulations 1984[^f00031] provided that such a dwelling is occupied by a person who, immediately before 19th May 1988, was licensed by a television licence for accommodation for residential care.

PART III — Television Licence Issue Fees for Hotels and Hospitality Areas and Mobile Units

Definitions

1

In this Schedule—

• (a) “hospitality area” means any establishment within the same premises or, as the case may be, on the same site offering entertainment units for the purposes of the entertainment of guests (whether or not for payment), other than a hotel;

• (b) “hotel” means any establishment within the same premises or, as the case may be, on the same site offering units of overnight accommodation (whether or not used at other times) to guests and includes an inn, guest-house, holiday camp, caravan site and camp site;

• (c) “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;

• (d) “relevant amount” means—

• (i) in the case of black and white television receivers only, £30.50;

• (ii) in the case of black and white or colour television receivers, £91.50; and

• (e) “units” means entertainment units in a hospitality area, units of overnight accommodation in a hotel or mobile units, as the case may be.

Issue fee

2

• (1) Where television receivers are only installed or used otherwise than in units used or available for use by guests, the fee is the relevant amount.

• (2) The fee is determined in accordance with paragraph 3 below in the case of—

• (a) a hospitality area in which television receivers are installed or used in units used or available for use by guests;

• (b) a hotel in which television receivers are installed or used in units used or available for use by guests; and

• (c) mobile units in which television receivers are installed or used or available for use by guests.

Determination of issue fee for purposes of paragraph 2(2) above

3

• (1) The issue fee under paragraph 2(2) above is determined as follows:

• (a) for a number of units not exceeding 15, the fee is the relevant amount;

• (b) for a number of units exceeding 15 and forming a multiple of 5, the fee is the relevant amount plus the relevant amount for each multiple of 5 in excess of 15;

• (c) for a number of units exceeding 15 and not forming a multiple of 5, the fee is the fee applicable under paragraph (b) above for the multiple next above that number.

• (2) For the purposes of determining the fee under sub-paragraph (1) above—

• (a) units in which colour television receivers are installed or used shall be counted first; and

• (b) if in any group of 5 units in excess of 15 there are installed or used both black and white television receivers and colour television receivers, all the television receivers in that group shall be treated as if they were colour television receivers.

SCHEDULE 3 — FEES FOR TELEVISION LICENCE PAYABLE BY INSTALMENTS

1

Premium instalment television licence (including colour) (not in Jersey or Guernsey)

2

Budget instalment television licence (including colour)

3

Easy entry televison licence (not black and white only) (not in Jersey, Guernsey or the Isle of Man)

Signed

Virginia Bottomley — Secretary of State for National Heritage — 6th February 1997

We consent to these Regulations.

Patrick McLoughlin — Richard Ottaway — Two of the Commissioners of Her Majesty’s Treasury — 11th February 1997

Explanatory note

(This Note is not part of the Regulations)

These Regulations consolidate the Regulations specified in Schedule 1. In addition to minor drafting amendments, the Regulations—

• (a) increase the amount of the basic fee for television licences from £30 to £30.50 in the case of black and white and from £89.50 to £91.50 in the case of colour;

• (b) omit reference to a standard instalment licence;

• (c) increase the issue fee for the premium instalment licence (which is not available in the Channel Islands) from £23.64 to £24.14 with instalments increased from £23.62 to £24.12, the total amount payable being £96.50;

• (d) increase the fees for the budget instalment licence; provision is made for sixteen specified issue fees and a number of instalments thereafter but in each case the total amount payable is £91.50;

• (e) increase the issue fee for the easy entry licence (which is not available in the Channel Islands or the Isle of Man) from £3.50 to £4, with instalments increased to £3.50, the total amount payable being £91.50;

• (f) extend the description of licences to cover the installation and use of receivers outside the single place, vehicle, vessel or caravan specified in the licence;

• (g) provide that a group of dwellings may be within the definition of “a group of specially provided dwellings”, although 25 per cent of them are right to buy dwellings as defined (this does not apply in the Channel Islands or the Isle of Man);

• (h) extend the description of the former hotel licence to cover hospitality areas and mobile units, as defined, as well as hotels.

The provision formerly made for dealer licences is omitted in consequence of the Deregulation (Wireless Telegraphy) Order 1996 (S.I. 1996/1864) which removed the need for such licences in the United Kingdom. Orders are to be made which will remove the need for such licences in the Channel Islands and the Isle of Man.

Footnotes

[^f00001]: 1949 c. 54; these sections are amended by Part I of Schedule 18 to the Broadcasting Act 1990 (c. 42). The said Part I 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).

[^f00002]: S.I. 1952/1900.

[^f00003]: S.I. 1952/1899.

[^f00004]: Post Office Act 1969 (c. 48); S.I. 1969/1369, 1371, 1974/691.

[^f00005]: In Section 1(7) of that Act (as added by Part I of Schedule 18 to the Broadcasting Act 1990 (c. 42)).

[^f00006]: 1948 c. 29.

[^f00007]: 1984 c. 23.

[^f00008]: 1985 c. 68.

[^f00009]: 1985 c. 69.

[^f00010]: 1981 c. 64.

[^f00011]: 1976 c. 75.

[^f00012]: 1983 c. 20.

[^f00013]: 1995 c. 26.

[^f00014]: 1968 c. 49

[^f00015]: 1984 c. 36.

[^f00016]: 1938 c. 73 which has been amended by Schedule 4 to the Health Services Act 1980 (c. 53).

[^f00017]: 1987 c. 26.

[^f00018]: 1968 c. 16.

[^f00019]: 1988 c. 43.

[^f00020]: S.I. 1972/1265 (N.I. 14).

[^f00021]: S.I. 1992/3204 (N.I. 20).

[^f00022]: S.I. 1981/156 (N.I. 3).

[^f00023]: S.I. 1992/1725 (N.I. 15).

[^f00024]: S.I. 1986/595 (N.I. 4).

[^f00025]: S.I. 1995/3213 (N.I. 22).

[^f00026]: S.I. 1983/1118 (N.I. 15).

[^f00027]: An Act of Tynwald.

[^f00028]: 1992 c. 4.

[^f00029]: Made under the provisions of the Social Security Act 1982 (an Act of Tynwald).

[^f00030]: S.I. 1988/899.

[^f00031]: S.I. 1984/1053.