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- Point in Time (04/03/1991)
- Original (As enacted)
Version Superseded: 07/03/1991
Point in time view as at 04/03/1991. This version of this provision has been superseded.
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There are currently no known outstanding effects for the Wireless Telegraphy Act 1949 (repealed), Section 2.
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(1)On the issue or renewal of a wireless telegraphy licence, and, where the regulations under this section so provided, at such times thereafter as may be prescribed by the regulations, there shall be [F1paid—
(a)to the Secretary of State; or
(b)in the case of a television licence, to the BBC,
by the person] to whom the licence is issued such sums as may be prescribed by regulations to be made by the [F2Secretary of State] with the consent of the Treasury, and different provision may be made in relation to different licences, according to the nature, terms, provisions, limitations and duration thereof:
Provided that the regulations made may contain provisions authorising, in such cases as are not otherwise dealt with by the regulations, the charge by the [F2Secretary of State] of such sums, whether on the issue or renewal of the licence or subsequently, as may in the particular case appear to him to be proper, but this proviso shall not apply to licences of any type wholly or mainly intended to meet the needs of persons desiring to use, in a private dwelling-house and without making any charge to other persons, apparatus not designed or adapted for emission (as opposed to reception).
(2)[F3Notwithstanding any thing in the preceding subsection, where, upon an application made by a person ordinarily resident in the United Kingdom for the issue or renewal of a wireless telegraphy licence to instal or use apparatus not designed or adapted for emission (as opposed to reception), the [F2Secretary of State] is satisfied, by means of a certificate issued by the local authority and produced to him by the applicant, that the applicant is a blind person not resident in a public or charitable institution or in a school, the [F2Secretary of State] may [F4dispense with the payment of the whole or part of any sum] which would otherwise be payable on the issue or renewal of the licence.]
[F3Notwithstanding anything in subsection (1) of this section, where—
(a)an application for the issue or renewal of a television licence is made to the BBC by a person ordinarily resident in the United Kingdom, and
(b)the BBC are satisfied, by means of a certificate issued by the local authority and produced to them by the applicant, that the applicant is a blind person not resident in a public or charitable institution or in a school,
the BBC shall, to such extent as the Secretary of State may determine, dispense with the payment of any sum which would otherwise be payable on the issue or renewal of the licence.]
In this subsection, the expression “blind person” means a person so blind as to be unable to perform any work for which eyesight is essential, and the expression “the local authority” means—
(a)in relation to any person ordinarily resident in England and Wales, the council of the county or county borough in which he is ordinarily resident;
(b)in relation to a person ordinarily resident in a large burgh in Scotland, the town council of that burgh;
(c)in relation to a person ordinarily resident eleswhere inScotland, the council of the county in which he is ordinarily resident;
(d)in relation to a person ordinarily resident in Northern Ireland, the [F5Health and Social Services Board established under the Health and Personal Social Services (Northern Ireland) Order 1972] for the area in which he is ordinarily resident.
(3)Where sums will or may become payable under subsection (1) of this section subsequently to the issue or renewal of a licence, the [F2Secretary of State] may, on the issue or renewal thereof, require such security to be given, by way of deposit or otherwise, for the payment of the sums which will or may become payable as he thinks fit.
Subordinate Legislation Made
P1S. 2: s. 1 (with s. 2) power exercised by S.I.1991/436.
P2S. 2 power previously exercised by S.I. 1984/1053, 1988/899, 1989/96, 325, 1850, 1929, 1990/460.
Textual Amendments
F1S. 2(1) “paid— (a)to the Secretary of State; or ...” substituted (1. 4. 1991) for from “paid to” to “by the person” by Broadcasting Act 1990 (c. 42, SIF 96), s. 180, Sch. 18 Pt. I para. 2(2)
F2Words substituted by virtue of Post Office Act 1969 (c. 48, SIF 96), s. 3(1) and S.I. 1974/691, arts. 2, 3(3)
F3First paragraph of s. 2(2) substituted (1. 4. 1991) by Broadcasting Act 1990 (c. 42, SIF 96), s. 180, Sch. 18 Pt. I para. 2(3)
F4Words substituted by Wireless Telegraphy (Blind Persons) Act 1955 (4 & 5 Eliz. 2 c. 7, SIF 96), s. 1
F5Words substituted by S.R. (N.I.) 1973/256, art. 3, Sch. 2
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