The Wireless Telegraphy (Television Licence Fees) (Amendment) Regulations 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–

(a) the issue fee and subsequent instalments for the premium instalment licence (which is not available in the Channel Islands) are increased from £29.25 to £30.25 with the total amount payable being £121.00;

(b) amendments are made in relation to the budget instalment licence and the “Easy entry” licence (which is not available in the Channel Islands or the Isle of Man) so that in every case the total amount payable is £116.00.

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—

(a) the dwellings are provided or managed in one of the ways specified in any of paragraphs 2 to 7 of Part II of Schedule 2 to the principal Regulations;

(b) one or more of the dwellings are specially provided for occupation by disabled persons, mentally disordered persons or retired persons aged 60 years or over (referred to below as “specially provided dwellings”); and

(c) the dwellings together constituted accommodation in respect of which an accommodation for residential care television licence was issued for any period ending on or after 1st June 1998 on the grounds that it constituted accommodation for residential care by virtue of any of paragraphs 2 to 7 of Part II of Schedule 2 (referred to below as a “relevant licence”).

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:

(i) he is a disabled person, a mentally disordered person or a retired person aged 60 years or more;

(ii) he is ordinarily resident in a specially provided dwelling;

(iii) where the accommodation is in the United Kingdom, he is under 75 years of age;

(iv) he was ordinarily resident in the accommodation at any time on or after 1st June 1998 when a relevant licence had been issued in respect of the accommodation; and

(v) at that time he was disabled person, a mentally disordered person or a retired person aged 60 years or more, and was living in a specially provided dwelling.

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