The Communications (Television Licensing) Regulations 2004

This Part specifies the sums which are payable in respect of a TV licence known as a “Premium instalment licence (including colour)” which is described in the following provisions of this paragraph.

A licence of the type referred to in sub-paragraph (1) is a licence of the same description as that given in the second entry of column 2 of the table in Schedule 1 but where payment for the licence is to be made in instalments as provided in this Part.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

There shall be payable a first instalment of F115£43.64 (referred to in this paragraph as “the issue fee”) and three further instalments of F116£43.62.

Where the licence is issued on a date which is on or after the date on which, in accordance with paragraphs (b) to (d) of sub-paragraph (2), any of the instalments referred to in those paragraphs is payable, any such instalment is to be payable on the same date as the issue fee.

This Part specifies the instalments which are payable in respect of a TV licence known as a “Budget instalment television licence (including colour)” which is described in the following provisions of this paragraph.

A licence of the type referred to in sub-paragraph (1) is a licence of the same description as that given in the second entry of column 2 of the table in Schedule 1 but where payment for the licence is to be made in instalments as provided in this Part.

Such a licence is only issued where the period beginning on the date on which the licence is issued and ending on the date on which it expires is more than 8 months.

Paragraphs 5 and 6 and tables 1 and 2 apply where the first payment in respect of any such licence is made before the due date.

In this Part and Part 3, the relevant date is the day immediately preceding the due date.

This paragraph applies where the arrangements for making payments before the due date were entered into before 1st April F1172024.

A first instalment (referred to in this Part as an “issue fee”) and five further instalments are to be payable in respect of such a licence on the dates set out in column 1 of table 1.

Where the first payment in respect of the issue fee is made on the first day of a period of more than 5 months ending on the relevant date, the amount of each of the instalments referred to in sub-paragraph (2) shall be as set out in column 2 of table 1.

Where that payment is made on the first day of a period of more than 4 but not more than 5 months ending on the relevant date, the amount of each such instalment shall be as set out in column 3 of table 1.

Where that payment is made on the first day of a period of more than 3 but not more than 4 months ending on the relevant date, the amount of each such instalment shall be as set out in column 4 of table 1.

Where that payment is made on the first day of a period of more than 2 but not more than 3 months ending on the relevant date, the amount of each such instalment shall be as set out in column 5 of table 1.

Where that payment is made on the first day of a period of more than 1 but not more than 2 months ending on the relevant date, the amount of each such instalment shall be as set out in column 6 of table 1.

Where that payment is made on the first day of a period of not more than 1 month ending on the relevant date, the amount of each such instalment shall be as set out in column 7 of table 1.

This paragraph applies where the arrangements for making payments before the due date are entered into on or after 1st April F1202024.

An issue fee and five further instalments are to be payable in respect of such a licence on the dates set out in column 1 of table 2.

Where the first payment in respect of the issue fee is made on the first day of a period of more than 5 months ending on the relevant date, the amount of each of the instalments referred to in sub-paragraph (2) shall be as set out in column 2 of table 2.

Where that payment is made on the first day of a period of more than 4 but not more than 5 months ending on the relevant date, the amount of each such instalment shall be as set out in column 3 of table 2.

Where that payment is made on the first day of a period of more than 3 but not more than 4 months ending on the relevant date, the amount of each such instalment shall be as set out in column 4 of table 2.

Where that payment is made on the first day of a period of more than 2 but not more than 3 months ending on the relevant date, the amount of each such instalment shall be as set out in column 5 of table 2.

Where that payment is made on the first day of a period of more than 1 but not more than 2 months ending on the relevant date, the amount of each such instalment shall be as set out in column 6 of table 2.

Where that payment is made on the first day of a period of not more than 1 month ending on the relevant date, the amount of each such instalment shall be as set out in column 7 of table 2.

This paragraph and table 3 apply where no payment is made in respect of the licence before the due date.

Where the period beginning on the date on which the licence is issued and ending on the date on which it expires (“the period of the licence”) is more than 11 months, 6 instalments are to be payable on the dates set out in column 1 of table 3 and the amount of each of those instalments (subject to sub-paragraph (6)) is to be as set out in column 2 of that table.

Where the period of the licence is more than 10 but not more than 11 months, 5 instalments are to be payable on the first five dates set out in column 1 of table 3, and the amount of each of those instalments is to be as set out in column 3 of that table.

Where the period of the licence is more than 9 but not more than 10 months, 4 instalments are to be payable on the first four dates set out in column 1 of table 3, and the amount of each of those instalments is to be as set out in column 4 of that table.

Where the period of the licence is more than 8 but not more than 9 months, 3 instalments are to be payable on the first three dates set out in column 1 of table 3, and the amount of each of those instalments is to be as set out in column 5 of that table.

This Part specifies the instalments which are payable in respect of a TV licence known as an “Easy entry television licence (not black and white only)” which is described in sub-paragraphs (2) to (4).

A licence of the type referred to in sub-paragraph (1) is a licence of the same description as that given in the second entry of column 2 of the table in Schedule 1, but where payment for the licence is to be made in instalments as provided in this Part.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Such a licence is only issued for a period which is more than 8 months where payments are made in respect of the licence before the due date.

In this Part, any reference to the period of a licence is to the period beginning on the date on which the licence is issued and ending on the date on which it expires.

This paragraph and paragraphs 11 to 17 apply where payments are made in respect of the licence before the due date.

An issue fee and a number of further instalments are to be payable in respect of such a licence.

The issue fee is to be payable on the date on which the licence is issued.

The number of further instalments, and the dates on which the instalments are to be payable, are to be determined in accordance with paragraphs 12 to 17.

Where the first payment in respect of the issue fee is made on the first day of a period of more than 20 weeks ending on the relevant date, the amount of the issue fee shall be F127£85.00.

Where that payment is made on the first day of a period of more than 16 but not more than 20 weeks ending on the relevant date, the amount of the issue fee shall be F128£72.00.

Where that payment is made on the first day of a period of more than 12 but not more than 16 weeks ending on the relevant date, the amount of the issue fee shall be F129£59.50.

Where that payment is made on the first day of a period of more than 8 but not more than 12 weeks ending on the relevant date, the amount of the issue fee shall be F130£47.50.

Where that payment is made on the first day of a period of more than 4 but not more than 8 weeks ending on the relevant date, the amount of the issue fee shall be F131£33.00;

Where that payment is made on the first day of a period of not more than 4 weeks ending on the relevant date, the amount of the issue feeF8... shall be F132£12.50.

This paragraph applies where the issue fee payable is F133£85.00.

This paragraph applies where the issue fee payable is F138£72.00.

This paragraph applies where the issue fee payable is F145£59.50.

This paragraph applies where the issue fee payable is F174£47.50.

This paragraph applies where the issue fee payable is F151£33.00.

This paragraph applies where the issue fee payable is F167£12.50.

This Part deals with a TV licence to be known as a “Simple payment plan licence (not black and white only)” (in this Part referred to as a “simple payment licence”).

In this Part—

• “issue date”, in relation to a simple payment licence, means the date on which the licence is issued;

• “expiry date”, in relation to a simple payment licence, means the date specified in the licence as being the last day that the licence is valid.

A simple payment licence is to be issued only to a person who is in any of circumstances A to D (see paragraph 20).

Circumstance B is that the person has, within the period of 6 months ending with the issue date, received advice from a debt advice charity in relation to any of the person’s financial obligations F114; or, in the case of a person who is ordinarily resident in the Isle of Man, he or she has received such advice from a debt advice charity or the Isle of Man Office of Fair Trading.

Circumstance D is that the person held a simple payment licence within the period of 12 months ending with the issue date.

In this paragraph—

• “a debt advice charity” means F98a charity registered under the Charities Act 2011 F113, or in the Isle of Man an institution which is a registered charity for the purposes of the Charities Registration and Regulation Act 2019, that provides debt counselling or other financial advice to persons in financial difficulty;

• “TV licensing offence” means an offence under—

  1. a

     section 363(2) of the Act (installing or using a television receiver without a licence),

  2. b

     section 363(3) of the Act (possessing or controlling a receiver and intending to install or use it without a licence etc), or

  3. c

     section 366(8) of the Act (obstructing or failing to assist a person using powers to enforce TV licensing).

This paragraph specifies the different instalments which are payable in different circumstances in respect of a simple payment licence.

Where the person to whom the simple payment licence is issued elects, before or on the issue date, to pay fortnightly instalments, F99sub-paragraphs (2A) to (2D) apply.

An issue fee is payable on the issue date.

Further instalments are payable at fortnightly intervals with the first being payable on the date which is the last day of the period of 2 weeks beginning with the date immediately following the issue date.

The number of further instalments is determined by the number of complete fortnights in the period beginning with the date on which the first instalment falls due and ending with the expiry date.

The amounts of the issue fee and each further instalment are determined according to the number of further instalments payable, as set out in Table 1.

Where the person to whom the simple payment licence is issued elects, before or on the issue date, to pay monthly instalments, sub-paragraphs (2F) to (2I) apply.

An issue fee is payable on the issue date.

Further instalments are payable at monthly intervals with the first being payable on the date which is the last day of the period of one month beginning with the day immediately following the issue date.

The number of further instalments is determined by the number of complete months in the period beginning with the date on which the first instalment falls due and ending with the expiry date.

The amounts of the issue fee and of each further instalment are determined according to the number of further instalments payable as set out in Table 2.

The amount referred to in column 3 of the table in Part 1 as being payable in respect of an Interim TV licence (including colour) (“the licence fee”) is to be payable in instalments in the circumstances specified in the following provisions of this paragraph; and the amount of each such instalment, and the date by which it is to be payable, is to be as so provided.

Where the person to whom the licence is issued so elects before the date on which it is issued, the licence fee is to be payable in monthly instalments as provided by Part 2 of Schedule 2; and, for the purposes of determining the amounts of the instalments and the dates on which they are payable, the licence is to be treated as if it were a licence of the type referred to in paragraph 3 of that Schedule (Budget instalment television licence).

This Schedule specifies the fee payable in respect of a TV licence known as a “TV licence (including colour) Accommodation for Residential Care Composite Form”.

A licence of the type referred to in sub-paragraph (1) is a licence to install and use television receivers at those parts of accommodation for residential care mentioned in the following provisions of this paragraph.

Where accommodation for residential care comprises a group of dwellings, the licence is a licence to install and use television receivers at such parts of the accommodation as consist of residential care dwellings and which are specified in the licence.

Where a dwelling constitutes accommodation for residential care by virtue of paragraph 12, the licence is a licence to install and use television receivers at any part of the dwelling.

In all other cases, the licence is a licence to install and use television receivers at such parts of the accommodation as consist of living rooms or bedrooms provided for the private occupation of residents and which are specified in the licence.

Subject to regulation 6(3), the fee for a TV licence of the type referred to in paragraph 1 shall be determined in accordance with sub-paragraphs (2) to (4).

In the case of accommodation described or referred to in paragraph (a) of any of the definitions of “accommodation for residential care” in paragraphs 4 and 7 to 11 of this Schedule, the fee shall be F49£7.50 for each unit of accommodation specified in the licence.

In the case of accommodation which consists of a group of dwellings, the fee shall be F49£7.50 for each residential care dwelling specified in the licence.

In the case of accommodation which is accommodation for residential care by virtue of paragraph 12 of this Schedule, the fee shall be F49£7.50.

In this Schedule—

In this paragraph, “employed” has the same meaning as in section 230 of the Employment Rights Act 1996 M11.

For the purposes of this paragraph, a person is not to be regarded as working if he receives no remuneration for his work.

Sub-paragraph (9) is to apply for the purposes of calculating the number of hours a week worked by any person referred to in sub-paragraph (1), (4)(c) or (5)(e).

In calculating the period of 12 weeks referred to in sub-paragraph (9) no account shall be taken of any week during which the person concerned was absent from work for any reason.

For the purposes of this paragraph, “week” means any period of 7 days ending on a Saturday.

For the purposes of this Schedule, a person is the foster child of another person under the law of any part of the British Islands if he is the foster child of that person in one of the ways described in sub-paragraph (2)(a) of any of paragraphs 4, 7, 8, 9, 10 and 11.

In this Schedule, in relation to England and Wales—

• “accommodation for residential care” means, subject to paragraphs 12 and 13, either—

  1. a

     an establishment to which paragraph 5 applies, or

  2. b

     a group of specially provided dwellings which meets the condition specified in paragraph 6;

• “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder, and any other disorder or disability of mind;

• “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including significant impairment of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the person concerned; and

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

In this paragraph—

In this Schedule in relation to Scotland—

• “accommodation for residential care” means, subject to paragraphs 12 and 13, either—

  1. a

     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 or retired persons and—

     1. i

        which is provided by a local authority under sections 12, 13A, 13B and 59 of the Social Work (Scotland) Act 1968 M18, or F28section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003;

     2. ii

        F66at which a care service is provided (within the meaning of section 47 of the Public Services Reform (Scotland) Act 2010) and that service is registered under Part 5 of that Act; or

     3. iii

        which is a health service hospital; or

  2. b

     a group of specially provided dwellings in which the dwellings which satisfy the requirements of paragraph 3(4)(a) to (c) of this Schedule are dwellings which are provided or managed—

     1. i

        under Part 1 of the Housing (Scotland) Act 1987 M19;

     2. ii

        by a registered social landlord within the meaning of F67section 165 of the Housing (Scotland) Act 2010; or

     3. iii

        by Scottish Homes under section 1 of the Housing (Scotland) Act 1988 M20;

• “health service hospital” has the meaning given by section 108(1) of the National Health Service (Scotland) Act 1978 M21;

• “mental disorder” means any mental disorder within the meaning of the F29Mental Health (Care and Treatment) (Scotland) Act 2003; and

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

In this Schedule in relation to Northern Ireland—

• “accommodation for residential care” means, subject to paragraphs 12 and 13, either—

  1. a

     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 or retired persons and which—

     1. i

        is provided by F17the Department of Health, Social Services and Public Safety under Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 M22; F31or

     2. ii

        F32is carried on or managed by a person who is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 to carry on or manage the establishment as a residential care home or nursing home within the meaning of Article 10 or 11 of that Order, or who would be subject to registration under that Part but for Article 11(2)(a) of that Order;

  2. b

     a group of specially provided dwellings in which the dwellings which satisfy the requirements of paragraph 3(4)(a) to (c) of this Schedule are dwellings which are provided or managed—

     1. i

        under the Housing (Northern Ireland) Order 1981 M23; or

     2. ii

        by a Housing Association within the meaning of the Housing (Northern Ireland) Order 1992 M24;

• “mental disorder” means any mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986 M25; and

• “right to buy dwelling” is a dwelling owned by a person—

  1. a

     who bought the dwelling in exercise of his right to buy under Part II of the Housing (Northern Ireland) Order 1983 M26 as it had effect immediately before the day of the coming into operation of Article 96 of the Housing (Northern Ireland) Order 1992; or

  2. b

     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 effectF18; or

  3. c

     who bought it under a scheme made under Article 3A of the Housing (Northern Ireland) Order 1983 as inserted by Article 131 of the Housing (Northern Ireland) Order 2003,

  or any successor in title of such a person.

In this Schedule in relation to the Bailiwick of Guernsey—

• “accommodation for residential care” means, subject to paragraphs 12 and 13, either—

  1. a

     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 or retired persons and which—

     1. i

        is carried on by a person who is duly registered in respect thereof under the Nursing Homes and Residential Homes (Guernsey) Law 1976; or

     2. ii

        is exempt from registration under section 6 of that Law; or

  2. b

     a group of specially provided dwellings which are provided or managed—

     1. i

        by any F33Department of the States of Guernsey; or

     2. ii

        by a body approved in writing for the purposes of these Regulations by F21the F34Health and Social Services Department ;

• “mental disorder” means any mental ailment within the meaning of the Mental Treatment Law (Guernsey) 1939.

In this Schedule in relation to the Isle of Man—

• “accommodation for residential care” means, subject to paragraphs 12 and 13, either—

  1. a

     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 or retired persons and which—

     1. i

        F24...

     2. ii

        F76is provided under the National Health Service Act 2001; or

     3. iii

        F76is provided under section 2 of the Social Services Act 2011;

     4. iv

        F77is 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

  2. b

     a group of specially provided dwellings which are provided or managed—

     1. i

        under Part IV of the Housing Act 1955 M27; or

     2. ii

        by a housing association under Part II of the Housing (Miscellaneous Provisions) Act 1976 M28;

• “mental disorder” means any mental disorder within the meaning of the Mental Health Act 1998 M29.

In this Schedule in relation to the Bailiwick of Jersey—

• “accommodation for residential care” means, subject to paragraph 13, either—

  1. a

     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 or retired persons and which—

     1. i

        is carried on by a person who is duly registered in respect thereof under the Nursing and Residential Homes (Jersey) Law 1994; or

     2. ii

        is exempt from registration under that Law; or

  2. b

     a group of specially provided dwellings which are provided or managed—

     1. i

        by a Committee of the States;

     2. ii

        by one of the Parishes; or

     3. iii

        by a body approved in writing for the purposes of these Regulations by the Health and Social Services Committee;

• “mental disorder” means a mental disorder as defined in the Mental Health (Jersey) Law 1969.

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

Sub-paragraph (1) does not apply in the Bailiwick of Jersey.

For the purposes of Part 1 of this Schedule, accommodation for residential care is to include qualifying accommodation in which one or more eligible persons are living.