SCHEDULE 1ISSUE FEES FOR TV LICENCES
Words in Sch. 1 substituted (1.4.2007) by The Communications (Television Licensing) (Amendment) Regulations 2007 (S.I. 2007/718), regs. 1(1), 8(c)(i) (with reg. 13)
Words in Sch. 1 inserted (1.4.2007) by The Communications (Television Licensing) (Amendment) Regulations 2007 (S.I. 2007/718), regs. 1(1), 8(c)(ii) (with reg. 13)
Word in Sch. 1 substituted (1.4.2010) by The Communications (Television Licensing) (Amendment) Regulations 2010 (S.I. 2010/640), regs. 1(1), 3(b) (with reg. 7)
Words in Sch. 1 substituted (1.4.2007) by The Communications (Television Licensing) (Amendment) Regulations 2007 (S.I. 2007/718), regs. 1(1), 8(d)(i) (with reg. 13)
Words in Sch. 1 inserted (1.4.2007) by The Communications (Television Licensing) (Amendment) Regulations 2007 (S.I. 2007/718), regs. 1(1), 8(d)(ii) (with reg. 13)
Type of licence | Description of licence | Issue fee |
|---|---|---|
| A licence—
| F58£49.00 |
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| A licence—
| F59£145.50 |
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| A licence—
| F58£49.00 for each place, vehicle, vessel or caravan specified in the licence. |
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| A licence—
| F59£145.50 for each place, vehicle, vessel or caravan specified in the licence. |
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SCHEDULE 2FEES FOR TV LICENCES PAYABLE BY INSTALMENTS
PART 1Premium instalment television licence (including colour)
1
1
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.
2
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.
F483
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F11
2
The instalments are to be payable as follows—
a
the issue fee is payable on the date on which the licence is issued;
b
the second instalment is payable on the first day of the calendar month whose last day is 8 months before the date on which the licence expires;
c
the third instalment is payable on the first day of the calendar month whose last day is 5 months before the date on which the licence expires; and
3
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.
PART 2Budget instalment television licence (including colour)
3
1
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.
2
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.
3
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.
4
1
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.
2
In this Part and Part 3, the relevant date is the day immediately preceding the due date.
5
1
This paragraph applies where the arrangements for making payments before the due date were entered into before 1st April F672010.
2
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.
3
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.
4
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.
5
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.
6
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.
7
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.
8
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.
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 | Column 7 |
|---|---|---|---|---|---|---|
Date by which instalment is to be paid | Amount of instalment payment | |||||
Date on which the licence is issued (“the issue date”) | £83.65 | £78.25 | £71.75 | £63.85 | £53.95 | £41.25 |
The last day of the period of 1 month beginning on the day immediately following the issue date | £12.37 | £13.45 | £14.75 | £16.33 | £18.31 | £20.85 |
The last day of the period of 2 months beginning on the day immediately following the issue date | £12.37 | £13.45 | £14.75 | £16.33 | £18.31 | £20.85 |
The last day of the period of 3 months beginning on the day immediately following the issue date | £12.37 | £13.45 | £14.75 | £16.33 | £18.31 | £20.85 |
The last day of the period of 4 months beginning on the day immediately following the issue date | £12.37 | £13.45 | £14.75 | £16.33 | £18.31 | £20.85 |
The last day of the period of 5 months beginning on the day immediately following the issue date | £12.37 | £13.45 | £14.75 | £16.33 | £18.31 | £20.85 |
6
1
This paragraph applies where the arrangements for making payments before the due date are entered into on or after 1st April F682010.
2
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.
3
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.
4
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.
5
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.
6
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.
7
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.
8
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.
Column 1 | Column 2 | Column 3 | >Column 4 | Column 5 | Column 6 | Column 7 |
|---|---|---|---|---|---|---|
Date by which instalment is to be paid | Amount of instalment payment | |||||
Date on which the licence is issued (“the issue date”) | £84.90 | £79.40 | £72.75 | £64.70 | £54.60 | £41.60 |
The last day of the period of 1 month beginning on the day immediately following the issue date | £12.12 | £13.22 | £14.55 | £16.16 | £18.18 | £20.78 |
The last day of the period of 2 months beginning on the day immediately following the issue date | £12.12 | £13.22 | £14.55 | £16.16 | £18.18 | £20.78 |
The last day of the period of 3 months beginning on the day immediately following the issue date | £12.12 | £13.22 | £14.55 | £16.16 | £18.18 | £20.78 |
The last day of the period of 4 months beginning on the day immediately following the issue date | £12.12 | £13.22 | £14.55 | £16.16 | £18.18 | £20.78 |
The last day of the period of 5 months beginning on the day immediately following the issue date | £12.12 | £13.22 | £14.55 | £16.16 | £18.18 | £20.78 |
7
1
This paragraph and table 3 apply where no payment is made in respect of the licence before the due date.
2
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.
3
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.
4
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.
5
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.
6
Where—
a
immediately before the due date the person to whom the licence is being issued held a Budget instalment television licence (including colour); and
b
F5sub-paragraph (2) shall have effect as if it provided for the amount of the first instalment to be F70£84.90 and each of the five subsequent instalments to be F70£12.12.
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
|---|---|---|---|---|
Date by which instalment is to be paid | Amount of instalment payment | |||
Date on which the licence is issued (“the issue date”) | £24.25 | £29.10 | £36.39 | £48.50 |
The last day of the period of 1 month beginning on the day immediately following the issue date | £24.25 | £29.10 | £36.37 | £48.50 |
The last day of the period of 2 months beginning on the day immediately following the issue date | £24.25 | £29.10 | £36.37 | £48.50 |
The last day of the period of 3 months beginning on the day immediately following the issue date | £24.25 | £29.10 | £36.37 | |
The last day of the period of 4 months beginning on the day immediately following the issue date | £24.25 | £29.10 | ||
The last day of the period of 5 months beginning on the day immediately following the issue date | £24.25 | |||
PART 3Easy entry television licence (including colour)
8
1
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).
F382
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.
F493
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
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.
5
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.
9
Where no payment is made in respect of the licence before the due date—
a
the amount of the first instalment (referred to in this Part as the “issue fee”) is to be F71£5.60 payable on the date on which the licence is issued;
b
25 further instalments are to be payable at weekly intervals with the first of those instalments being payable on the date which is the last day of the period of 1 week beginning on the day immediately following the date on which the licence is issued;
10
1
This paragraph and paragraphs 11 to 17 apply where payments are made in respect of the licence before the due date.
2
An issue fee and a number of further instalments are to be payable in respect of such a licence.
3
The issue fee is to be payable on the date on which the licence is issued.
4
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.
11
1
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 F73£74.00.
2
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 F74£61.00.
3
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 F75£52.50.
4
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 F76£41.50;
5
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 F77£28.50;
6
12
1
This paragraph applies where the issue fee payable is F78£74.00.
2
Where the period of the licence is more than 11 months—
a
10 further instalments are to be payable at fortnightly intervals with the first of those instalments being payable on the date which is the last day of the period of 2 weeks beginning on the day immediately following the date on which the licence is issued;
3
Where the period of the licence is more than 10 but is not more than 11 months—
a
8 further instalments are to be payable at fortnightly intervals with the first of those instalments being payable on the date which is the last day of the period of 2 weeks beginning on the day immediately following the date on which the licence is issued;
4
Where the period of the licence is more than 9 but is not more than 10 months—
a
6 further instalments are to be payable at fortnightly intervals with the first of those instalments being payable on the date which is the last day of the period of 2 weeks beginning on the day immediately following the date on which the licence is issued;
5
Where the period of the licence is more than 8 but is not more than 9 months—
a
4 further instalments are to be payable at fortnightly intervals with the first of those instalments being payable on the date which is the last day of the period of 2 weeks beginning on the day immediately following the date on which the licence is issued;
F82b
the amount of each of the first 3 instalments is to be £17.90 and the final instalment is to be £17.80.
13
1
This paragraph applies where the issue fee payable is F83£61.00.
2
Sub-paragraphs (2) to (5) of paragraph 12 are to have effect subject to the following modifications—
F43a
sub-paragraph (2)(b) is to have effect as if it provided for each of the 10 instalments to be F84£8.45;
b
F85sub-paragraph (3)(b) is to have effect as if it provided for each of the first 7 instalments to be £10.60 and the final instalment to be £10.30;
c
F86sub-paragraph (4)(b) is to have effect as if it provided for the amount of each of the first 5 instalments to be £14.10 and the final instalment to be £14.00;
d
F87sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the first 3 instalments to be £21.15 and the final instalment to be £21.05.
14
1
This paragraph applies where the issue fee payable is F88£52.50.
2
Sub-paragraphs (2) to (5) of paragraph 12 are to have effect subject to the following modifications—
F44a
sub-paragraph (2)(b) is to have effect as if it provided for the amount of each of the 10 instalments to be F89£9.30;
b
F91c
sub-paragraph (4)(b) is to have effect as if it provided for the amount of each of the 6 instalments to be £15.50;
15
1
This paragraph applies where the issue fee payable is F93£41.50.
2
Sub-paragraphs (2) to (5) of paragraph 12 are to have effect subject to the following modifications—
F45a
sub-paragraph (2)(b) is to have effect as if it provided for the amount of each of the 10 instalments to be F94£10.40;
F95b
sub-paragraph (3)(b) is to have effect as if it provided for the amount of each of the 8 instalments to be £13.00;
F7c
F97d
sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the 4 instalments to be £26.00.
16
1
This paragraph applies where the issue fee payable is F98£28.50.
2
Sub-paragraphs (2) to (5) of paragraph 12 are to have effect subject to the following modifications—
F54a
sub-paragraph (2)(b) is to have effect as if it provided for the amount of each of the 10 instalments to be F99£11.70;
F8b
F46c
sub-paragraph (4)(b) is to have effect as if it provided for the amount of each of the 6 instalments to be F101£19.50;
F102d
sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the 4 instalments to be £29.25.
17
1
This paragraph applies where the issue fee payable is F55£10.50.
2
Sub-paragraphs (2) to (5) of paragraph 12 are to have effect subject to the following modifications—
F47a
sub-paragraph (2)(b) is to have effect as if it provided for the amount of each of the 10 instalments to be F103£13.50;
F104b
sub-paragraph (3)(b) is to have effect as if it provided for the amount of each of the first 7 instalments to be £16.90 and the amount of the final instalment to be £16.70;
SCHEDULE 3FEES FOR INTERIM TV LICENCES
PART 1Fees for interim TV licences
Words in Sch. 3 Pt. 1 table substituted (1.9.2016) by The Communications (Television Licensing) (Amendment) Regulations 2016 (S.I. 2016/704), regs. 1(1), 7(2)
Word in Sch. 3 Pt. 1 table substituted (1.4.2010) by The Communications (Television Licensing) (Amendment) Regulations 2010 (S.I. 2010/640), regs. 1(1), 5(1) (with reg. 7)
Type of licence | Description of licence | Fees |
|---|---|---|
Interim TV licence (black and white only) F116(not in the Channel Islands or the Isle of Man). | A licence of the same description as that given in the first entry of column 2 of the table in Schedule 1 but which—
| An amount equal to F63£4.08 for each month, or part of a month, in the period beginning on the due date and ending on the last day of the calendar month immediately before the month in which the licensee attains the age of 75 years (the amount being rounded down to the nearest penny where necessary). |
Interim TV licence (including colour) F116(not in the Channel Islands or the Isle of Man). | A licence of the same description as that given in the second entry of column 2 of the table in Schedule 1, but which—
| An amount equal to F63£12.12 for each month, or part of a month, in the period beginning on the due date and ending on the last day of the calendar month immediately before the month in which the licensee attains the age of 75 years (the amount being rounded down to the nearest penny where necessary). |
PART 2Interim TV Licence (including colour): payment by instalments
1
1
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.
2
Where—
a
the person to whom the licence is issued so elects before the date on which it is issued, and
b
that person is eligible to hold a licence of the type referred to in paragraph 1 of Schedule 2 (“Premium instalment licence”) in respect of the place, vehicle, vessel or caravan which is to be specified in the licence,
the licence fee is to be payable in quarterly instalments as provided by Part 1 of that Schedule; 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 Premium instalment licence.
3
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).
4
Where—
a
the person to whom the licence is issued so elects before the date on which it is issued, and
b
that person is eligible to hold a licence of the type referred to in paragraph 8 of Schedule 2 (“Easy entry television licence”),
the licence fee is to be payable in fortnightly or weekly instalments as provided by Part 3 of that Schedule; 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 an Easy entry television licence.
5
In applying the relevant Part of Schedule 2—
a
the licence is to be treated as expiring at the end of the period of 12 months beginning on the due date;
b
the difference between F107£145.50 and the amount referred to in sub-paragraph (1) is to be deducted from the instalments which would otherwise be payable in accordance with that Part;
c
that deduction is to be made first from the final instalment, then (where necessary) from the preceding instalments working backwards;
d
where the amount to be deducted is greater than the amount of one or more of the instalments, the immediately preceding instalment is to be reduced by the whole of the additional amount.
SCHEDULE 4Accommodation for Residential Care Licences
PART 1Fees payable in respect of TV licences for accommodation for residential care
Type and description of TV licence1
1
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”.
F92
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.
3
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.
4
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.
5
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.
Issue fee2
1
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).
2
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 F39£7.50 for each unit of accommodation specified in the licence.
3
In the case of accommodation which consists of a group of dwellings, the fee shall be F39£7.50 for each residential care dwelling specified in the licence.
4
In the case of accommodation which is accommodation for residential care by virtue of paragraph 12 of this Schedule, the fee shall be F39£7.50.
PART 2Interpretation
General3
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 F40... 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);
- a
“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);
- a
“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
M1was 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).
- i
- a
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.
F1013
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.
England and Wales4
F111
In this Schedule, in relation to England and Wales—
“accommodation for residential care” means, subject to paragraphs 12 and 13, either—
- a
an establishment to which paragraph 5 applies, or
- b
a group of specially provided dwellings which meets the condition specified in paragraph 6;
- a
“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.
F122
For the purposes of this Schedule, in relation to England and Wales, a person is another’s foster child if—
a
he has been placed with that person under section 23(2)(a) or 59(1)(a) of the Children Act 1989, or that other person fosters him privately within the meaning given by section 66(1)(b) of that Act; or
b
he is the foster child of that person under the law of any other part of the British Islands.
5
1
This paragraph applies to 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 is—
a
provided by a local authority under section 21(1)(a) of the National Assistance Act 1948 M3;
aa
F115provided to meet needs under sections 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support);
b
an independent school within the meaning of the Education Act 1996 M4—
i
which provides accommodation for 50 or fewer children under the age of 18 years and which is not for the time being approved by the Secretary of State under section 347 of the Education Act 1996 M5; and
ii
which provides or is intended to provide residential accommodation with both board and personal care for children at the school who are in need of personal care by reason of being disabled, including by reason of a past or present mental disorder;
F110c
an establishment—
i
in England, that is carried on or managed by a person who is registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the provision of residential accommodation, together with nursing or personal care, in the establishment, and
ii
in Wales, that is carried on or managed by a person who is registered under Part 2 of the Care Standards Act 2000 to carry on or manage the establishment as a care home within the meaning of section 3 of that Act, or who would be so registered but for regulation 3(1)(a) or (d) of the Care Homes (Wales) Regulations 2002;
d
a care hospital; or
e
an almshouse established as such before 1st November 1949.
2
In sub-paragraph (1)(d) the reference to a care hospital is to—
F111a
any establishment—
i
in England, that is a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section, and
ii
in Wales, that is carried on or managed by a person who is registered under Part 2 of the Care Standards Act 2000 to carry on or manage the establishment as an independent hospital within the meaning of section 2 of that Act; or
b
a health service hospital.
3
In this paragraph—
F112“health service hospital” has the same meaning—
- a
in England, as in section 275 of the National Health Service Act 2006; and
- b
in Wales, as in section 206 of the National Health Service (Wales) Act 2006;
- a
“personal care” means care which includes assistance with bodily functions where such assistance is required.
6
Where accommodation for residential care comprises a group of specially provided dwellings, the dwellings which satisfy the requirements of paragraph 3(4)(a) to (c) must all be dwellings which are provided or managed—
a
under Part II of the Housing Act 1985 M6;
b
by a housing association within the meaning of the Housing Associations Act 1985 M7; or
c
by a development corporation within the meaning of the New Towns Act 1981 M8.
Scotland7
F131
In this Schedule in relation to Scotland—
“accommodation for residential care” means, subject to paragraphs 12 and 13, either—
- 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—
- i
which is provided by a local authority under sections 12, 13A, 13B and 59 of the Social Work (Scotland) Act 1968 M9, or F27section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003;
- ii
F113at 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
- iii
which is a health service hospital; or
- i
- 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—
- a
“health service hospital” has the meaning given by section 108(1) of the National Health Service (Scotland) Act 1978 M12;
“mental disorder” means any mental disorder within the meaning of the F28Mental 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.
F142
For the purposes of this Schedule, in relation to Scotland, a person is another’s foster child if—
a
he has been placed as a foster child with that other person by a local authority or he is a foster child of that other person within the meaning of the Foster Children (Scotland) Act 1984; or
b
he is the foster child of that person under the law of any other part of the British Islands.
Northern Ireland8
F151
In this Schedule in relation to Northern Ireland—
“accommodation for residential care” means, subject to paragraphs 12 and 13, either—
- 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—
- i
is provided by F16the Department of Health, Social Services and Public Safety under Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 M13; F30or
- ii
F31is 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;
- i
- 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—
- a
“mental disorder” means any mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986 M16; and
“right to buy dwelling” is a dwelling owned by a person—
- a
who bought the dwelling in exercise of his right to buy under Part II of the Housing (Northern Ireland) Order 1983 M17 as it had effect immediately before the day of the coming into operation of Article 96 of the Housing (Northern Ireland) Order 1992; or
- 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 effectF17; or
- 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.
- a
F182
For the purposes of this Schedule, in relation to Northern Ireland, a person is another’s foster child if—
a
he has been placed with that person under Article 27(2)(a) or 75(1)(a) of the Children (Northern Ireland) Order 1995, or that other person fosters him privately within the meaning given by Article 106(1) of that Order; or
b
he is the foster child of that person under the law of any other part of the British Islands.
Guernsey9
F191
In this Schedule in relation to the Bailiwick of Guernsey—
“accommodation for residential care” means, subject to paragraphs 12 and 13, either—
- 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—
- 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
- ii
is exempt from registration under section 6 of that Law; or
- i
- b
a group of specially provided dwellings which are provided or managed—
- a
“mental disorder” means any mental ailment within the meaning of the Mental Treatment Law (Guernsey) 1939.
F212
For the purposes of this Schedule, in relation to the Bailiwick of Guernsey, a person is another’s foster child if—
a
he has been boarded out with that person by the Health and Social Services Department under Article V of the Loi Ayant Rapport à L'Asile des Enfants; or
b
he is the foster child of that person under the law of any other part of the British Islands.
Isle of Man10
F221
In this Schedule in relation to the Isle of Man—
“accommodation for residential care” means, subject to paragraphs 12 and 13, either—
- 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—
- i
F23...
- ii
F117is provided under the National Health Service Act 2001; or
- iii
F117is provided under section 2 of the Social Services Act 2011;
- iv
F118is 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
- i
- b
a group of specially provided dwellings which are provided or managed—
- a
“mental disorder” means any mental disorder within the meaning of the Mental Health Act 1998 M20.
F242
For the purposes of this Schedule, in relation to the Isle of Man, a person is another’s foster child if—
a
he has been placed with that person under section 26(1)(a) of the Children and Young Persons Act 2001, or that other person fosters him privately within the meaning given by section 57(1) of that Act; or
b
he is the foster child of that person under the law of any other part of the British Islands.
Jersey11
F251
In this Schedule in relation to the Bailiwick of Jersey—
“accommodation for residential care” means, subject to paragraph 13, either—
- 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—
- i
is carried on by a person who is duly registered in respect thereof under the Nursing and Residential Homes (Jersey) Law 1994; or
- ii
is exempt from registration under that Law; or
- i
- b
a group of specially provided dwellings which are provided or managed—
- i
by a Committee of the States;
- ii
by one of the Parishes; or
- iii
by a body approved in writing for the purposes of these Regulations by the Health and Social Services Committee;
- i
- a
“mental disorder” means a mental disorder as defined in the Mental Health (Jersey) Law 1969.
F262
For the purposes of this Schedule, in relation to the Bailiwick of Jersey, a person is another’s foster child if—
a
he is a foster child within the meaning of Article 56 of the Children (Jersey) Law 1969 and his care and maintenance has been undertaken by that other person; or
b
he is the foster child of that person under the law of any other part of the British Islands.
Accommodation for residential care: supplementary provisions12
1
For the purposes of Part 1 of this Schedule, accommodation for residential care is to include a dwelling which is occupied by—
a
a person who immediately before 19th May 1988 was licensed by a television licence for accommodation for residential care (“a licensee”); or
b
a person who immediately before that date was living with a licensee and who would, at that time, have qualified to be so licensed,
and which is publicly provided or managed.
2
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.
3
Sub-paragraph (1) does not apply in the Bailiwick of Jersey.
13
1
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.
2
In this paragraph—
a
“eligible person”, in relation to any qualifying accommodation, means any person who—
i
is a disabled or retired person;
ii
is ordinarily resident in the accommodation in a dwelling which is provided for occupation by such persons, and which was erected or converted for the purposes of such occupation;
iii
(where the accommodation is situated in England, Wales, Scotland or Northern Ireland) is under the age of 75 years;
iv
was ordinarily resident in any dwelling forming part of the accommodation at any time on or after 1st June 1998 during the period specified in a relevant licence issued in respect of the accommodation; and
v
at that time was a disabled or retired person, and was living in the accommodation in a dwelling which was provided for occupation by such persons, and which was erected or converted for the purposes of such occupation;
b
“qualifying accommodation” means a group of at least 4 dwellings—
i
which are publicly provided or managed;
ii
one or more of which are provided for occupation by disabled or retired persons and were erected or converted for the purposes of such occupation; and
iii
which together constituted accommodation in respect of which a relevant licence was issued for any period ending on or after 1st June 1998;
c
“relevant licence” means a licence of the type specified in paragraph 1 of this Schedule which was issued on the grounds that the accommodation to which it applied constituted accommodation for residential care by virtue of being a group of specially provided dwellings as described or referred to in any of paragraphs 4 to 11 above.
3
For the purposes of sub-paragraph (2)—
a
a dwelling does not cease to be provided for occupation by a disabled or retired person by reason only that it is also occupied by members of that person's family;
b
in the case of a group of dwellings in England, Wales, Scotland or Northern Ireland, the dwellings are to be treated as being publicly provided or managed if—
i
at least 75 per cent of the dwellings are so provided or managed (including all of those provided for occupation by disabled persons or retired persons); and
ii
the remainder are right to buy dwellings.
SCHEDULE 5TV Licence Fees for Hotels and Hospitality Areas and Mobile Units
Interpretation1
In this Schedule—
“hospitality area” means any establishment, other than a hotel, within the same premises or, as the case may be, on the same site which provides rooms or other similar places (referred to below as “entertainment units”) in which entertainment is provided for guests (whether or not for payment);
F41“hotel” means any establishment (including an inn, guest house, holiday camp, caravan site or camp site) within the same premises or, as the case may be, on the same site which (whether or not it also provides other services) offers accommodation consisting wholly or mainly of units of overnight accommodation for guests staying for no longer than 28 consecutive nights;
“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;
“relevant amount”, where it is used for the purposes of determining an amount payable in respect of television receivers installed or used in one or more units, means—
“units” means entertainment units in a hospitality area, units of overnight accommodation in a hotel or mobile units, as the case may be;
F42“unit of overnight accommodation” in relation to a hotel means all or part of any roofed or covered building or structure designed, adapted or offered for human habitation and–
- a
includes a caravan, mobile home, movable dwelling, tent or other like structure, but
- b
does not include land (whether or not provided with services) on which guests are permitted to place such structures not offered to them by the hotel.
- a
Type and description of TV licence2
1
This Schedule specifies the fee payable in respect of a TV licence known as a “TV licence Hospitality Area, Hotel and Mobile Units Comprehensive Form”.
2
A licence of the type referred to in sub-paragraph (1) is a licence to install and use television receivers in a hospitality area, hotel or mobile units.
Issue fee3
1
Where television receivers are only installed or used otherwise than in units used or available for use by guests, the fee is—
a
F108£49.00, where only black and white television receivers are used or installed; or
b
in any other case, F109£145.50.
2
In any case not falling within sub-paragraph (1) the fee is to be determined as follows—
a
if the number of units used or available for use by guests in which television receivers are installed or used does not exceed 15, the fee is the relevant amount;
b
if the number of such units exceeds 15 and forms a multiple of 5, the fee is—
A + B, where
A is the relevant amount, and
B is the total amount payable in respect of the units exceeding 15 where the amount payable in respect of each multiple of 5 such units is the relevant amount;
c
if the number of units used or available for use by guests in which television receivers are installed or used exceeds 15 but does not form a multiple of 5, the fee is the fee applicable under paragraph (b) above for the multiple next above that number.
3
For the purposes of determining the fee under sub-paragraph (2) units in which colour television receivers are installed or used shall be counted first.
SCHEDULE 6Revocations
The Wireless Telegraphy (Television Licence Fees) Regulations 1997 | S.I. 1997/290 |
The Wireless Telegraphy (Television Licence Fees) (Amendment) Regulations 1998 | S.I. 1998/558 |
The Wireless Telegraphy (Television Licence Fees) (Amendment) Regulations 1999 | S.I. 1999/765 |
The Wireless Telegraphy (Television Licence Fees) (Amendment) Regulations 2000 | S.I. 2000/630 |
The Wireless Telegraphy (Television Licence Fees) (Amendment) Regulations 2001 | S.I. 2001/772 |
The Wireless Telegraphy (Television Licence Fees) (Amendment) Regulations 2002 | S.I. 2002/641 |
The Wireless Telegraphy (Television Licence Fees) (Amendment) Regulations 2003 | S.I. 2003/663 |
Word in Sch. 1 substituted (1.4.2010) by The Communications (Television Licensing) (Amendment) Regulations 2010 (S.I. 2010/640), regs. 1(1), 3(a) (with reg. 7)