The Wireless Telegraphy (Television Licence Fees) Regulations 1991

• Citation: S.I. 1991/436
• Sections: 19

Section 1 Citation, commencement, revocation and extent

(1) These Regulations may be cited as the Wireless Telegraphy (Television Licence Fees) Regulations 1991 and shall come into force on 1st April 1991.

(2) The Regulations specified in Schedule 1 to these Regulations are hereby revoked.

(3) These Regulations extend to the United Kingdom, the Channel Islands and the Isle of Man.

Section 2 Meaning of “television receiver”

The following class or description of television receiving apparatus is hereby specified for the purposes of the definition of “television receiver” in the Wireless Telegraphy Act 1949 , namely such apparatus installed or used for the purpose of receiving television programme services, as defined by section 2(4) of the Broadcasting Act 1990, whether or not the apparatus is installed or used for other purposes.

Section 3 Television licence fees

(1) On the issue of a television licence (as defined by section 1(7) of the Wireless Telegraphy Act 1949 ) of a type specified in an entry in column 1 of Part I of Schedule 2 to these Regulations and of the description specified in column 2 of that Part in relation to that entry, there shall be paid (irrespective of the duration of the licence) as the issue fee for a licence of that type and description the sum or, as the case may be, multiples of sums prescribed in column 3 of that Part or, in the case of entry 8 in column 1 of that Part, paragraphs 2 to 4 of Part III of the said Schedule.

(2) On the issue of a television licence of a type specified in an entry in column I of Schedule 3 to these Regulations and of the description specified in column 2 of that Schedule in relation to that entry, there shall be paid (irrespective of the duration of the licence) as the issue fee for a licence of that type and description the sum which is prescribed in column 3 of that Schedule in respect of that entry and thereafter as instalment payments such sums as are so prescribed.

(3) On the issue of any other television licence, there shall be paid (irrespective of the duration of the licence) as the issue ~fee for that licence such sum as may in the particular case appear to the Secretary of State to be proper.

Section 4 Duplicate licences

Where a television licence has been lost or destroyed, there shall be paid on the issue of a duplicate of such a licence the sum of £2.50.

Section 5 Amendment of Wireless Telegraphy Apparatus (Receivers) (Exemption) Regulations 1989

(1) The Wireless Telegraphy Apparatus (Receivers) (Exemption) Regulations 1989 shall be amended as follows.

(2) For paragraph (a) of regulation 5 (exceptions) there shall be substituted:

(a) which is a television receiver within the meaning of section 1(7) of the Act (as added by paragraph 1(6) of Part I of Schedule 18 to the Broadcasting Act 1990);

(3) Paragraph (b) of regulation 6 and the word “or” immediately preceding it shall be omitted.

Section 1 General

In this Schedule–

“disabled person” means a person who is blind, deaf or dumb or who is substantially and permanently handicapped by illness, injury or congenital deformity;

“a group of specially provided dwellings” means a group of at least four dwellings–

which are provided for occupation by disabled persons, mentally disordered persons or retired persons of pensionable age;

which have been erected or converted for the purposes of such occupation;

for which there is a person whose functibn is to care for the needs of the persons referred to in sub-paragraph (a) above and who either lives in one of the dwellings within the group or works in that group for at least 30 hours per week; and

which fall within a common and exclusive boundary:

Provided that the condition in sub-paragraph (a) above does not cease to be satisfied if any dwelling is–

(i) also occupied by any member of the family of any person referred to in that sub-paragraph; or

(ii) occupied by the person referred to in sub-paragraph (c) above-or a member of his family;

“a resident” means a disabled person, a mentally disordered person or a retired person of pensionable age who is ordinarily resident in accommodation for residential care, but does not include a person in charge thereof or otherwise employed therein or a member of the family of either of them.

Section 1 Definition of “hotel”

In this Schedule, “hotel” means any establishment within the same premises or, as the case may be, on the same site offering units of overnight accommodation (whether or not used at other. times) to guests and includes an inn, guest-house, holiday camp, caravan site and camp site.

Section 2 England and Wales

In this Schedule in relation to England and Wales–

“accommodation for residential care” means, subject to paragraph 8 below, either–

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 persons, mentally disordered persons or retired persons of pensionable age and which–

is provided by a local authority under section 21(1)(a) of the National Assistance Act 1948 ; or

is provided by a local social services authority under paragraph 2(1) of Schedule 8 to the National Health Service Act 1977 ; or

is carried on by a person who is duly registered in respect thereof under Part I of the Registered Hornes Act 1984 or who would be so registered but for section 1(4) or l(5)(j) of that Act; or

is carried on by a person who is duly registered in respect thereof under Part II of the Registered Homes Act 1984 or who would be so registered but for section 21(3)(a) of that Act; or

is an almshouse established as such before 1st November 1949; or

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

under Part II of the Housing Act 1976 ; or

by a housing association within the meaning of the Housing Associations Act 1985 ; or

by a development corporation within the meaning of the New Towns Act 1981 or by the Development Board for Rural Wales in accordance with section 3(2) of the Development of Rural Wales Act 1987 ;

“mentally disordered person” means a person who is suffering from any mental disorder within the meaning of the Mental Health Act 1983 ;

“pensionable age” has the same meaning as in the Social Security Act 1975 .

Section 2 Issue fee

(1) In the case of a hotel in which television receivers are only installed or used otherwise than in units of accommodation .used or available for use by guests, the fee is the relevant amount.

(2) In the case of a hotel in which television receivers are installed or used in units of accommodation used or available for use by guests, the fee is determined in accordance with paragraph 3 below.

Section 3 Scotland

In this Schedule in relation to Scotland–

“accommodation for residential care” means, subject to paragraph 8 below, either–

any establishment the sole or substantial function of which is, or is held out to be, the provision of accommodation, whether for reward or not, for disabled persons, mentally disordered persons or retired persons of pensionable age and which–

is provided by a local authority under sections 12 and 59 of the Social Work (Scotland) Act 1968 ; or

is carried on by a person who is duly registered in respect thereof under section 62 or 63 of that Act; or

is, or in respect of which the person carrying on the establishment is, exempt from registration under section 62 or 63 of that Act by virtue of section 61; or

is carried on by a person who is duly registered in respect thereof under the Nursing Homes Registration (Scotland) Act 1938 or who would be so registered but for section 10(3)(a) of that Act; or

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

under Part I of the Housing (Scotland) Act 1987 ; or

by a housing association within the meaning of the Housing Associations Act 1985; or

by a development corporation within the meaning of the New Towns (Scotland) Act 1968 ; or

by Scottish Homes within the meaning of the Housing (Scotland) Act 1988 ;

“mentally disordered person” means a person who is suffering from any mental disorder within the meaning of the Mental Health (Scotland) Act 1984 ;

“pensionable age” has the same meaning as in the Social Security Act 1975.

Section 3 Determination of issue fee for purposes of paragrsph 2(2) above

(1) The issue fee under paragraph 2(2) above is determined as follows:

(a) for a number of units of accommodation not exceeding 15, the fee is the relevant amount;

(b) for a number of units of accommodation exceeding 15 and forming a multiple of 5, the fee is the relevant amount plus the relevant amount for each multiple of 5 in excess of

(c) for a number of units of accommodation exceeding 15 and not forming a multiple of 5, the fee is the fee applicable under paragraph (b) above for the multiple next above that number.

(2) For the purposes of determining the fee under paragraph 2(2) above–

(a) units of accommodation in which colour television receivers are installed or used shall be counted first; and

(b) if in any group of 5 units of accommodation in excess of 15 there are installed or used both black and white television receivers and colour television receivers, all the television receivers in that group shall be treated as if they were colour television receivers.

Section 4 Northern Ireland

In this Schedule in relation to Northern Ireland–

“accommodation for residential care” means, subject to paragraph 8 below, either–

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 persons, mentally disordered persons or retired persons of pensionable age and which–

is provided by the Department of Health and Social Services for Northern Ireland under article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 ; or

is carried on by a person who is duly registered in respect thereof under Schedule 5 to that Order; or

is carried on by a person who is duly registered in respect thereof under Part I of the Nursing Homes and Nursing Agencies Act (Northern Ireland) 1971 ; or

is managed or controlled by a Government department or a public body constituted by special Act of Parliament or incorporated by Royal Charter; or

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

under the Housing (Northern Ireland) Order 1981 ; or

by a housing association within the meaning of article 114 of that Order;

“mentally disordered person” means a person who is suffering from any mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986 ;

“pensionable age” has the same meaning as in the Social Security (Northern Ireland) Act 1975 .

Section 4 The “relevant amount”

In this Part of this Schedule the “relevant amount” means–

(a) in the case of black and white television receivers only, £25.50;

(b) in the case of black and white or colour television receivers, £77.

Section 5 Jersey

In this Schedule in relation to the Bailiwick of Jersey–

“accommodation for residential care” means–

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 persons, mentally disordered persons or retired persons of pensionable age and which–

is carried on by a person who is duly registered in respect thereof under the Nursing Homes (Registration) (Jersey) Law 1950, the Mental Health (Jersey) Law 1969 or the Old Persons Homes (Registration) (Jersey) Law 1964, as the case may be; or

is exempt from registration under one of those Laws; or

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

by a Committee of the States;

by a body approved in writing for the purposes of these Regulations by the President or Vice-President of the Public Health Committee;

“mentally disordered persons” means a person who is suffering from mental disorder, as defined in the Mental Health (Jersey) Law 1969;

“pensionable age” has the same meaning as in the Social Security (Jersey) Law 1974.

Section 6 Guernsey

In this Schedule in relation to the Bailiwick of Guernsey–

“accommodation for residential care” means, subject to paragraph 8 below, either–

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 persons, mentally disordered persons or retired persons of pensionable age and which–

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

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

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

by any Committee of the States of Guernsey; or

by a body approved in writing for the purposes of these Regulations by the President or the acting President of the States of Guernsey Board of Health;

“mentally disordered person” means a person suffering from any mental ailment within the meaning of the Mental Treatment Law (Guernsey) 1939;

“pensionable age” has the same meaning as in the Social Insurance (Guernsey) Law 1978.

Section 7 Isle of Man

In this Schedule in relation to the Isle of Man–

“accommodation for residential care” means, subject to paragraph 8 below, either–

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 persons, mentally disordered persons or retired persons of pensionable age and which–

is provided under section 22 of the National Health Service (Isle of Man) Act 1948 ; or

is provided under section 22(1) of the National Assistance (Isle of Man) Act l951 ; or

is carried on by a person who is duly registered in respect thereof under the Nursing and Residential Homes Act 1988 or who would be so registered but for section 1(2), (3) or (5) of that Act; or

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

under Part IV of the Housing Act 1955 ; or

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

“mentally disordered person” means a person who is suffering from any mental disorder within the meaning of the Mental Health Act 1974 ;

“pensionable age” has the same meaning as in the Social Security Act 1975 .

Section 8 Savings

In paragraphs 2 to 4 and 6 and 7 above the expression “accommodation for residential care” shall include a dwelling which, before the coming into force on l9th May 1988 of the Wireless Telegraphy (Broadcast Licence Charges and Exemption) (Amendment No.2) Regulations 1988 , would have qualified as accommodation for residential care under the Wireless Telegraphy (Broadcast Licence Charges and Exemption) Regulations 1984 provided that such a dwelling is occupied by a person who, immediately before 19th May 1988, was licensed by a television licence for accommodation for residential care.

Section 1

Standard instalment television licence (induding colour)

Section 2

Premium instalment television licence (including colour)