United Kingdom Statutory Instruments

" "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;".

(a) the fee for a basic black and white only TV licence is increased from £44.00 to £45.50, and that for a basic colour TV licence from £131.50 to £135.50;

(b) the issue fee and subsequent instalments for the premium instalment licence (not available in the Channel Islands) are raised to £35.14 and £35.12 respectively, the total payable rising from £136.50 to £140.50;

(c) amendments are made in relation to the instalments payable for the budget instalment licence and easy entrance licence (which is not available in the Channel Islands or Isle of Man) so that in every case the total amount payable is raised from £131.50 to £135.50;

(d) the provisions relating to the interim TV licence (which is not available in the Channel Islands except in the Bailiwick of Guernsey, excluding Sark) are amended to raise the fee payable in respect of each month, or part of a month, from £3.666 to £3.791 in the case of a black and white only TV licence and from £10.958 to £11.291 in the case of a colour TV licence;

(e) the fees in respect of residential care accommodation set out in paragraph 2 of Schedule 4 to the 2004 Regulations are increased from £5.00 to £7.50; and

(f) the provisions relating to TV licence fees for hotels, hospitality areas and mobile units are amended to reflect the rise in the fees payable for basic black and white only and colour TV licences to £45.50 and £135.50 respectively.

Other amendments

(i) Description of black and white licences

Regulation 3 adds a new definition of "digital set top box" which will apply in Parts 2 and 3 of the 2004 Regulations (see also regulation 6). A digital set top box is defined as 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.

Regulation 4 adds an interpretation provision that will apply to the description of black and white television licences in Schedule 1 to the 2004 Regulations. The purpose of the change is to ensure that a digital set top box does not require a colour television licence where it is installed and used so that it can only cause television programmes to be displayed on a television set or monitor that is only able to display them in black and white. This is to be the case regardless of the fact that the set top box may intrinsically be capable of causing programmes to be displayed in colour if used in association with some other device, such as a colour television or monitor. By virtue of the definition of "digital set top box", the new provision will not apply to television receivers (such as VCRs) that are able to record television programmes. Hence, as was the case before the commencement of these Regulations, a television receiver that is capable of recording programmes in colour will require a colour licence, even if no facility for the display of programmes in colour is available.

(ii) Blind concession

Regulation 5 amends regulation 5(2)(a) and (3) of the 2004 Regulations to ensure that—

(a) a person may establish his entitlement to the blind concession for a television licence by administrative means irrespective of the particular manner in which the authorities concerned choose to administer their registration schemes for blind people. The new wording is intended to be more flexible to allow for varieties of administrative practice in this area (for example, outsourcing);

(b) a certificate or other document issued by or on behalf of a Health and Social Services Trust in Northern Ireland will suffice to show that a person is registered as blind for the purposes of the concession; and

(c) if the BBC are satisfied that the evidence previously provided by a person is sufficient to establish his entitlement to the concession, there is no need for the person to provide further evidence, even if the previous evidence was provided more than five years before the licence is issued.

(iii) Definition of "television receiver"

Regulation 7 modifies the definition of "television receiver" for the purposes of Part 4 of the Communications Act 2003 (c. 21). The purpose of the change is to ensure that a digital set top box does not constitute a "television receiver" for the purposes of that Part, provided it is installed in such a way that it can only be used to cause the production of sound through a device whose functions are limited to the production of sound. This is to ensure that a digital set top box used solely as a means of generating sound without pictures does not fall within the television licensing regime.

(iv) Licence descriptions: business premises

Regulation 8(c) and (d) amend the descriptions of each category of television licence in the table in Schedule 1 to the 2004 Regulations. For General Form licences (regulation 8(c)) the new wording will mean that if the place specified in the licence is a business premises, these licences will authorise the installation and use of black and white or colour television receivers (as the case may be) in any vehicle, vessel or caravan being used or occupied for the purposes of the business by a person who normally works at those premises. The existing proviso that a receiver may not be used in a caravan other than a touring caravan at the same time as a receiver is being used at the premises specified in the licence will not apply. For Multiple Form licences (regulation 8(d)), the position will be similar: where one or more of the specified locations is a business premises, the licences will authorise the installation and use of black and white or colour television receivers (as the case may be) in any vehicle, vessel or caravan being used or occupied for the purposes of the business by a person who normally works at one of those premises. Again, the existing proviso in respect of caravans will not apply.

(v) Easy entry television licences (including colour)

Regulation 9(8) amends paragraph 8(2) to Schedule 2 to the 2004 Regulations to omit the requirement that an Easy entry television licence (not black and white only) must be issued to a person who is in receipt of income-tested state benefits. In future such licences may be issued to any person who satisfies the other requirements of Part 3 of Schedule 2 to the 2004 Regulations.

(vi) Accommodation for residential care licences

Regulation 11(2) omits the word "ordinarily" from the definition of "resident" in paragraph 3(1)(a) of Schedule 4 to the 2004 Regulations (accommodation for residential care licences). The purpose of the change is to ensure that accommodation for a disabled or retired person does not cease to qualify for the residential care concession set out in that Schedule only because the residential care accommodation in question is not the person's "ordinary" residence. Residential care accommodation will still qualify for the concession even if the occupant is only resident for a limited period, during which their "ordinary" residence may be elsewhere (for example, their own or a family home).

(vii) Hotels, hospitality areas and mobile units

Regulation 12(a) substitutes a new definition of "hotel" and inserts a new definition of "unit of overnight accommodation" in paragraph 1 of Schedule 5 to the 2004 Regulations. The purpose of the former change is to ensure that inns, guest-houses, holiday camps, caravan sites and camp sites are subject to the same requirements as other premises in order to qualify for the concession set out in the Schedule. That is, for such establishments to qualify as "hotels" they must offer accommodation consisting wholly or mainly of units of accommodation for guests for no more than 28 days' consecutive residence. The latter change is intended to ensure that a unit of accommodation for the purposes of the concession does not include land (whether or not provided with services) on which guests are permitted to place their own structures (such as tents or caravans), as opposed to such structures offered to them by the hotel.

Saving and transitional provision

Regulation 13 provides that in relation to TV licences issued before 1^st April 2007, Schedules 1 to 3 and 5 to the 2004 Regulations continue to apply without the amendments made by these Regulations.

However, the amendments made by regulations 3, 4, 6, 7, 8(c) and (d) and 11(2) apply in relation to a TV licences issued before 1^st April 2007.