The Communications (Television Licensing) Regulations 2004

General U.K.

3.—(1) In this Schedule—

“resident” means—

(a)

in relation to accommodation which is accommodation for residential care by virtue of any of paragraphs 4 to 12, a disabled or retired person who is F1 ... resident in the accommodation, but does not include a person in charge of the accommodation or otherwise employed in it, or a member of the family of either of them;

(b)

in relation to accommodation which is accommodation for residential care by virtue of paragraph 13 below, an eligible person (within the meaning of that paragraph);

“residential care dwelling” means—

(a)

in relation to a group of dwellings which is accommodation for residential care by virtue of any of paragraphs 4 to 11 below, any dwelling which satisfies the requirements of sub-paragraph (4)(a) to (c);

(b)

in relation to a group of dwellings which is accommodation for residential care by virtue of paragraph 13, any dwelling occupied by an eligible person (within the meaning of that paragraph);

“retired” means any person who is aged 60 years or more and, if he works—

(a)

whose working hours do not exceed 15 hours a week; or

(b)

where they do exceed that amount, immediately before 1st April 2004 the person—

(i)

was ordinarily resident in accommodation in respect of which a television licence for accommodation for residential care was in force; and

(ii)

M1 was living in that accommodation as a resident (within the meaning of the Wireless Telegraphy (Television Licence Fees) Regulations 1997 as they had effect at that time).

(2) In this Schedule “publicly provided or managed”, in relation to a dwelling, means provided or managed in one of the ways specified in—

(a) paragraph 6; or

(b) paragraph (b) of each of the definitions of accommodation for residential care in paragraphs 7 to 11.

(3) For the purposes of this Schedule a person is disabled if—

(a) his sight, hearing or speech is substantially impaired;

(b) he has a mental disorder; or

(c) he is physically substantially disabled by any illness, any impairment present from birth, or otherwise.

(4) In this Schedule “a group of specially provided dwellings” means a group of at least four dwellings which fall within a common and exclusive boundary and (subject to sub-paragraph (5))—

(a) which are provided for occupation by disabled or retired persons;

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

(c) for which there is a person whose function is to care for the needs of the persons referred to in paragraph (a) and who either lives in one of the dwellings within the group or is employed to work in that group for at least 30 hours a week.

(5) The conditions in paragraphs (a) to (c) of sub-paragraph (4) shall not cease to be satisfied in relation to a group of dwellings because—

(a) (where the group of dwellings is situated in England, Wales, Scotland or 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 (4)(a);

(b) any dwelling is also occupied by any member of the family of any person referred to in sub-paragraph (4)(a);

(c) any dwelling is occupied by a person who, although aged 60 years or over, is not retired;

(d) any dwelling is occupied by the person referred to in sub-paragraph (4)(c);

(e) one dwelling within the group is occupied by a person who is employed to maintain the dwellings in the group or the grounds of those dwellings and that person works in that employment at least 30 hours a week;

(f) any dwelling occupied by the person referred to in sub-paragraph (4)(c) or in paragraph (e) above is also occupied by a member of that person's family; or

(g) one dwelling within the group is used for overnight accommodation, for no longer than 28 nights in any consecutive period, for any member of the family of any person referred to in sub-paragraph (4)(a).

(6) In this paragraph, “employed” has the same meaning as in section 230 of the Employment Rights Act 1996 M2 .

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

(8) 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).

(9) The number of hours a week a person works is to be the average number of hours worked in each week for the period of 12 weeks ending—

(a) where the date (referred to in this sub-paragraph as “the relevant date”) on which the application for the licence is made is the last day of a week, with that week; or

(b) in any other case, with the last complete week before the relevant date.

(10) 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.

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

(12) In this Schedule two persons are members of the same family if—

(a) they are married;

(b) they are partners;

(c) one of them is the other's parent, grandparent, brother, sister, half-brother, half-sister, aunt or uncle;

(d) one of them is the child, parent, grandchild, grandparent, brother, sister, half-brother, half-sister, aunt or uncle of the other's spouse or partner;

(e) one of them is or has been the foster child of the other;

(f) one of them is or has been the foster child of the other's spouse or partner;

(g) the parent or present or former foster parent of one of them is or has been the other's foster parent; or

(h) one of them is or has been regularly involved in caring for or being in sole charge of the other whilst living in the same household.

[F2 (13) 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.]

(14) For the purposes of sub-paragraph (12)—

(a) “aunt” means the sister or half-sister of a person's parent, and “uncle” has a corresponding meaning; and

(b) a person is another's partner (whether they are of different sexes or the same sex) if they live together as partners in an enduring family relationship.

Textual Amendments

F1 Word in Sch. 4 para. 3(1) omitted (1.4.2007) by virtue of The Communications (Television Licensing) (Amendment) Regulations 2007 (S.I. 2007/718), regs. 1(1), 11(2) (with reg. 13)

F2 Sch. 4 para. 3(13) substituted (1.4.2005) by The Communications (Television Licensing) (Amendment) Regulations 2005 (S.I. 2005/606), regs. 1(1), 8(3) (with reg. 10)

Marginal Citations

M1 S.I. 1997/290, amended by S.I. 1998/558, 1999/765, 2000/630, 2001/772, 2002/641, and 2003/663.

M2 1996 c. 18; section 230 was amended by the Public Interest Disclosure Act 1998 (c. 23), section 15(1).