The Communications (Television Licensing) (Amendment) Regulations 2007

• Citation: S.I. 2007/718
• Sections: 13

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Communications (Television Licensing) (Amendment) Regulations 2007 and come into force on 1st April 2007.

(2) These Regulations extend to the Channel Islands and the Isle of Man.

Section 2 Amendment of the 2004 Regulations

The Communications (Television Licensing) Regulations 2004 (“the 2004 Regulations”) are amended as set out in Regulations 3 to 12 of these Regulations.

Section 3 Amendment of regulation 2

In regulation 2(1), after the definition of “caravan” insert—

“digital set top box” means a television receiver whose function is to receive television programmes in digital form, and which cannot itself display, or record or otherwise store such programmes;

Section 4 Amendment of regulation 3

After regulation 3(3), add—

(4) In the first and third entries in column 2 of the table in Schedule 1, a reference to–

(a) installing a black and white television receiver includes a reference to installing a digital set top box in such a way that it can only be used to cause television programmes to be displayed on a television set or monitor that can display them in black and white only; and

(b) using a black and white television receiver includes a reference to using a digital set top box installed as described in this paragraph.

Section 5 Amendment of regulation 5

(1) For regulation 5(2)(a) substitute—

(a) show that he is registered as blind by means of a certificate or other document issued by or on behalf of—

(i) a local authority in Great Britain,

(ii) a Health and Social Services Trust in Northern Ireland, or

(iii) the Department of Health and Social Security for the Isle of Man; or

(2) For regulation 5(3) substitute—

(3) A person is not required to provide the evidence referred to in paragraph (2) to obtain the blind concession in respect of a TV licence where that person has previously established an entitlement to the concession by providing the evidence referred to in that paragraph and—

(a) the evidence was provided within the period of 5 years ending on the date on which the licence is issued, or

(b) the BBC are satisfied that the evidence previously provided is sufficient to establish the person’s entitlement to the concession as at that date.

(3) In the definition of “local authority” in regulation 5(5), omit “and” and omit paragraph (d).

Section 6 Amendment of regulation 8

In regulation 8, before the definition of “members of the public” insert—

“digital set top box” has the same meaning as in Part 2;

Section 7 Amendment of regulation 9

In regulation 9—

(a) in paragraph (1), for “In” substitute “Subject to paragraph (2), in”;

(b) after paragraph (1), insert—

(2) But a digital set top box is not a television receiver for the purposes of that Part if it is installed in such a way that it can be used only to cause the production of sound through a device whose functions are limited to the production, or the production and recording, of sound.

(c) paragraph (2) becomes paragraph (3).

Section 8 Amendment of Schedule 1

In Schedule 1 (Issue fees for TV licences)—

(a) for “£44.00” in each place where it occurs substitute “£45.50”;

(b) for “£131.50” in each place where it occurs substitute “£135.50”;

(c) in paragraph (b) in the second column (‘Description of licence’) of each of the entries numbered 1 and 2 in the table (‘TV licence (black and white only) General Form’ and ‘TV licence (including colour) General Form’)—

(i) for the words from “being” (where it first occurs) to “location” (where it first occurs) substitute—

(i) being used or occupied by the licensee or by a person normally living with the licensee at the specified location, or

(ii) if the specified location is a business premises, being used or occupied for the purposes of the business by a person who normally works at that location

(ii) after “provided that”, insert “, in a case falling within (i) above,”.

(d) in paragraph (b) in the second column (‘Description of licence’) of each of the entries in the table numbered 3 and 4 (‘TV licence (black and white only) Multiple Form’ and ‘TV licence (including colour) Multiple Form’)—

(i) for the words from “being” (where it first occurs) to “locations” (where it first occurs) substitute—

(i) being used or occupied by the licensee or by a person normally living at one of the specified locations, or

(ii) if a business is carried on from one or more of the specified locations, being used or occupied for the purposes of the business by a person who normally works at one of those locations

(ii) after “provided that”, insert “, in a case falling within (i) above,”.

Section 9 Amendment of Schedule 2

(1) Schedule 2 (Fees for TV licences payable by instalments) is amended as follows.

(2) In paragraph 2(1), for “£34.14” and “£34.12” substitute, respectively, “£35.14” and “£35.12”.

(3) In each of paragraphs 5(1) and 6(1), for “2006” substitute “2007”.

(4) For table 1 substitute table 1 in the Schedule to these Regulations.

(5) For table 2 substitute table 2 in the Schedule to these Regulations.

(6) In paragraph 7(6)—

(a) in paragraph (b) for “2006” substitute “2007”; and

(b) for “£76.75” and “£10.95” substitute, respectively, “£79.05” and “£11.29”.

(7) For table 3 substitute table 3 in the Schedule to these Regulations.

(8) For paragraph 8(2) substitute—

(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.

(9) In paragraph 9—

(a) for paragraph (c) substitute—

(c) the amount of the first 10 of those instalments is to be £5.50 and the amount of each of the remaining 15 instalments is to be £5.00.

(10) In paragraph 11—

(a) in sub-paragraph (1) for “£66.50” substitute “£70.50”;

(b) in sub-paragraph (2) for “£54.00” substitute “£57.50”;

(c) in sub-paragraph (3) for “£47.00” substitute “£49.00”;

(d) in sub-paragraph (4) for “£37.50” substitute “£38.00”;

(e) in sub-paragraph (6) for “£9.50” substitute “£10.00”.

(11) In paragraph 12(1) for “£66.50” substitute “£70.50”.

(12) In paragraph 13—

(a) in sub-paragraph (1) for “£54.00” substitute “£57.50”;

(b) for sub-paragraph (2)(a) to (d), substitute—

(a) sub-paragraph (2)(b) is to have effect as if it provided for each of the 10 instalments to be £7.80.

(b) sub-paragraph (3)(b) is to have effect as if it provided for the first 6 of the instalments to be £10.00, and the remaining 2 instalments to be £9.00.

(c) sub-paragraph (4)(b) is to have effect as if it provided for the amount of each of the 6 instalments to be £13.00.

(d) sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the 4 instalments to be £19.50.

(13) In paragraph 14—

(a) in sub-paragraph (1) for “£47.00” substitute “£49.00”;

(b) in sub-paragraph (2)(a) for “£8.50” and “£8.00” substitute, respectively, “£8.70” and “£8.20”;

(c) in sub-paragraph (2)(b) for “£10.60” and “£10.30” substitute, respectively, “£10.90” and “£10.20”;

(d) in sub-paragraph (2)(c) for “£14.10” substitute “£14.50”;

(e) in sub-paragraph (2)(d) for “£21.20” and “£19.90” substitute, respectively, “£21.70” and “£21.40”.

(14) In paragraph 15—

(a) in sub-paragraph (1) for “£37.50” substitute “£38.00”;

(b) for sub-paragraph (2)(a) substitute—

(a) sub-paragraph (2)(b) is to have effect as if it provided for the amount of each of the first 9 instalments to be £9.80 and the amount of the final instalment to be £9.30;

(c) in sub-paragraph (2)(b) for “£11.80” and “£11.40” substitute, respectively, “£12.20” and “£12.10”;

(d) in sub-paragraph (2)(c) for “£15.70” and “£15.50” substitute, respectively, “£16.30” and “£16.00”;

(e) for sub-paragraph (2)(d) substitute–

(d) sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the first 3 instalments to be £24.40 and the amount of the final instalment to be £24.30.

(15) In paragraph 16—

(a) for sub-paragraph (2)(a) substitute–

(a) sub-paragraph (2)(b) is to have effect as if it provided for the amount of each of the instalments to be £11.00;

(b) in sub-paragraph (2)(b) for “£13.30” and “£12.90” substitute, respectively, “£13.80” and “£13.40”;

(c) in sub-paragraph (2)(c) for “£17.70” and “£17.50” substitute, respectively, “£18.40” and “£18.00”;

(d) in sub-paragraph (2)(d) for “£26.50” substitute “£27.50”.

(16) In paragraph 17—

(a) in sub-paragraph (1) for “£9.50” substitute “£10.00”;

(b) for sub-paragraph (2)(a) substitute—

(a) sub-paragraph (2)(b) is to have effect as if it provided for the amount of each of the first 9 instalments to be £12.60 and the amount of the final instalment to be £12.10;

(c) in sub-paragraph (2)(b) for “£15.30” and “£14.90” substitute, respectively, “£15.70” and “£15.60”;

(d) in sub-paragraph (2)(c) for “£20.40” and “£20.00” substitute, respectively, “£21.00” and “£20.50”;

(e) for sub-paragraph (2)(d) substitute—

(d) sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the first 3 instalments to be £31.40 and the amount of the final instalment to be £31.50.

Section 10 Amendment of Schedule 3

(1) In the table in Part 1 of Schedule 3 (Fees for interim TV licences) for “3.666” and “£10.958” substitute, respectively, “£3.791” and “£11.291”.

(2) In paragraph 1(5)(b) of Part 2 of that Schedule (Interim TV licence (including colour): payment by instalments) for “£131.50” substitute “£135.50”.

Section 11 Amendment of Schedule 4

(1) In paragraph 2 of Schedule 4 (Accommodation for residential care licences) for “£5.00” wherever occurring substitute “£7.50”.

(2) In paragraph (a) of the definition of “resident” in paragraph 3(1) of that Schedule omit “ordinarily”.

Section 12 Amendment of Schedule 5

In Schedule 5 (TV licence fees for hotels and hospitality areas, and mobile units)—

(a) in paragraph 1—

(i) for the definition of “hotel” substitute—

“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;

(ii) after the definition of “units” add—

“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–

includes a caravan, mobile home, movable dwelling, tent or other like structure, but

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;

(b) for “£44.00” in each place where it occurs substitute “£45.50”; and

(c) for £131.50” in each place where it occurs substitute “£135.50”.

Section 13 Saving and transitional provision

(1) Subject to paragraph (2), in relation to a TV licence issued before 1st April 2007 Schedules 1 to 3 and 5 to the 2004 Regulations continue to have effect without the amendments made by these Regulations.

(2) But—

(a) those Schedules as amended by regulations 3, 4, 8(c) and (d) and 11(2); and

(b) regulation 9 of the 2004 Regulations as amended by regulation 7

have effect in relation to a TV licence issued before that date.