The Communications (Television Licensing) Regulations 2004

Regulation 3(1)(d)

SCHEDULE 4 U.K. Accommodation for Residential Care Licences

PART 1 U.K. Fees payable in respect of TV licences for accommodation for residential care

Type and description of TV licence U.K.

1.—(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”.

[F1 (2) 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.]

Textual Amendments

F1 Sch. 4 para. 1(2)-(5) substituted for Sch. 4 para. 1(2) (1.4.2005) by The Communications (Television Licensing) (Amendment) Regulations 2005 (S.I. 2005/606), regs. 1(1), 8(2) (with reg. 10)

Issue fee U.K.

2.—(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 [F2 £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 [F2 £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 [F2 £7.50].

Textual Amendments

F2 Word in Sch. 4 para. 2 substituted (1.4.2007) by The Communications (Television Licensing) (Amendment) Regulations 2007 (S.I. 2007/718), regs. 1(1), 11(1) (with reg. 13)

PART 2 U.K. Interpretation

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 F3 ... 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.

[F4 (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

F3 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)

F4 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).

England and Wales U.K.

4.— [F5 (1)]  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;

“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.

[F6 (2) 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.]

Textual Amendments

F5 Sch. 4 para. 4 renumbered as Sch. 4 para. 4(1) (1.4.2005) by The Communications (Television Licensing) (Amendment) Regulations 2005 (S.I. 2005/606), regs. 1(1), 8(4) (with reg. 10)

F6 Sch. 4 para. 4(2) inserted (1.4.2005) by The Communications (Television Licensing) (Amendment) Regulations 2005 (S.I. 2005/606), regs. 1(1), 8(4) (with reg. 10)

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— U.K.

(a) provided by a local authority under section 21(1)(a) of the National Assistance Act 1948 M3 ;

(aa) [F7 provided 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;

[F8 (c) 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—

[F9 (a) 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—

[F10 “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;]

“personal care” means care which includes assistance with bodily functions where such assistance is required.

Textual Amendments

F7 Sch. 4 para. 5(1)(aa) inserted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 23 (with art. 4)

F8 Sch. 4 para. 5(1)(c) substituted (1.10.2010) by The Health and Social Care Act 2008 (Miscellaneous Consequential Amendments) Order 2010 (S.I. 2010/1881), arts. 1(1), 15(a)

F9 Sch. 4 para. 5(2)(a) substituted (1.10.2010) by The Health and Social Care Act 2008 (Miscellaneous Consequential Amendments) Order 2010 (S.I. 2010/1881), arts. 1(1), 15(b)

F10 Words in Sch. 4 para. 5(3) substituted (1.10.2010) by The Health and Social Care Act 2008 (Miscellaneous Consequential Amendments) Order 2010 (S.I. 2010/1881), arts. 1(1), 15(c)

Marginal Citations

M3 1948 c. 29; section 21(a) was amended by the Children Act 1989 (c. 41), section 108(5) and Schedule 13, paragraph 11(1), and by the National Health Service and Community Care Act 1990 (c. 19), section 42(1). Section 21 was repealed in relation to Scotland by the Social Work (Scotland) Act 1968 (c. 49), section 95(2) and Schedule 9, Part 1.

M4 1996 c. 56; section 463 of the Education Act 1996 (c. 56) defines “independent school”. That definition has been amended by the Education Act 2002 (c. 32), section 172. The new definition is in force in relation to England but not yet in force in relation to Wales. The definition still in force for Wales has been amended by the School Standards and Framework Act 1998 (c. 31), section 140(1) and (3), Schedule 30, paragraph 124(a) and Schedule 31, paragraph 124(b).

M5 1996 c. 56; section 347 was amended by the Special Educational Needs and Disability Act 2001 (c. 10), section 42(1) and Schedule 8, Part 1, paragraphs 1 and 12. Section 347 was also amended by the Education Act 2002 (c. 32), section 174. This amendment is in force in relation to England but not Wales. Functions of the Secretary of State, so far as exercisable in relation to Wales, have been transferred to the National Assembly for Wales, by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1.

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— U.K.

(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 .

Marginal Citations

M6 1985 c. 68.

M7 1985 c. 69; section 1 defines “housing association”.

M8 1981 c. 64; a development corporation is defined in section 3. Section 3 was amended by the Government of Wales Act 1998 (c. 38), section 152 and Schedule 18, Part 4.

Scotland U.K.

7.— [F11 (1)]  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 [F12 section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003];

(ii)

[F13 at 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

(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—

(i)

under Part 1 of the Housing (Scotland) Act 1987 M10 ;

(ii)

by a registered social landlord within the meaning of [F14 section 165 of the Housing (Scotland) Act 2010]; or

(iii)

by Scottish Homes under section 1 of the Housing (Scotland) Act 1988 M11 ;

“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 [F15 Mental 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.

[F16 (2) 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.]

Textual Amendments

F11 Sch. 4 para. 7 renumbered as Sch. 4 para. 7(1) (1.4.2005) by The Communications (Television Licensing) (Amendment) Regulations 2005 (S.I. 2005/606), regs. 1(1), 8(5) (with reg. 10)

F12 Words in Sch. 4 para. 7(1) substituted (E.W.N.I.) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 1(1), Sch. 2 para. 26(2)(a) and words in Sch. 4 para. 7(1) substituted (S.) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Subordinate Legislation) Order 2005 (S.S.I. 2005/445), arts. 1, 2, sch. para. 49(1)(a)

F13 Words in Sch. 4 para. 7(1) substituted (28.10.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011 (S.I. 2011/2581), art. 1(2)(b), Sch. 2 para. 39

F14 Words in Sch. 4 para. 7(1) substituted (1.4.2012) by The Housing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2012 (S.I. 2012/700), art. 1(3), Sch. para. 13

F15 Words in Sch. 4 para. 7(1) substituted (E.W.N.I.) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 1(1), Sch. 2 para. 26(2)(b) and words in Sch. 4 para. 7(1) substituted (S.) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Subordinate Legislation) Order 2005 (S.S.I. 2005/445), arts. 1, 2, sch. para. 49(1)(a)

F16 Sch. 4 para. 7(2) inserted (1.4.2005) by The Communications (Television Licensing) (Amendment) Regulations 2005 (S.I. 2005/606), regs. 1(1), 8(5) (with reg. 10)

Marginal Citations

M9 1968 c. 49; section 12 was amended by the National Health Service and Community Care Act 1990 (c. 19), section 66(1) and Schedule 9, paragraph 10(5), the Children (Scotland) Act 1995 (c. 36), section 105(4) and Schedule 4, paragraph 15(11), the Community Care (Residential Accommodation) Act 1998 (c. 19), sections 2 and 3(2), the Immigration and Asylum Act 1999 (c. 33), section 120(1), the Community Care and Health (Scotland) Act 2002 (asp 5), section 3, and the Nationality, Immigration and Asylum Act 2002 (c. 41), section 46. Section 13A was amended by the Immigration and Asylum Act 1999 (c. 33), section 120(2), the Regulation of Care (Scotland) Act 2001 (asp 8), sections 72, 79 and Schedule 3, paragraph 4, the Community Care and Health (Scotland) Act 2002 (asp 5), Schedule 2, paragraph 1, and the Nationality, Immigration and Asylum Act 2002 (c. 41), section 46. Section 13B was amended by the Immigration and Asylum Act 1999 (c. 33), section 120, and the Nationality, Immigration and Asylum Act 2002 (c. 41), section 46. Section 59 was amended by the National Health Service and Community Care Act 1990 (c. 19), Schedule 9, paragraph 10(7), the Children (Scotland) Act 1995 (c. 36), Schedule 4, and by the Regulation of Care (Scotland) Act 2001 (asp 8), section 72.

M10 1987 c. 26.

M11 1988 c. 43; section 1 was amended by the Housing (Scotland) Act 2001, section 112 and Schedule 10, paragraph 14(1), (2)(a) and (2)(b)(i) - (2)(b)(iv). Scottish Homes continue to exercise their functions under section 1(3)(b) of the Housing (Scotland) Act 1988 (c. 43) by virtue of regulation 3(a) of S.S.I. 2001/397.

M12 1978 c. 29; the definition of “health service hospital” was amended by the National Health Service and Community Care Act 1990 (c. 19), section 66(1) and Schedule 9, paragraph 19(22)(b).

Northern Ireland U.K.

8.— [F17 (1)]  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 [F18 the Department of Health, Social Services and Public Safety] under Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 M13 ; [F19 or]

(ii)

[F20 is 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;]

(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—

(i)

under the Housing (Northern Ireland) Order 1981 M14 ; or

(ii)

by a Housing Association within the meaning of the Housing (Northern Ireland) Order 1992 M15 ;

“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 effect[F21 ; 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.

[F22 (2) 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.]

Textual Amendments

F17 Sch. 4 para. 8 renumbered as Sch. 4 para. 8(1) (1.4.2005) by The Communications (Television Licensing) (Amendment) Regulations 2005 (S.I. 2005/606), regs. 1(1), 8(6) (with reg. 10)

F18 Words in Sch. 4 para. 8(1) substituted (1.4.2005) by The Communications (Television Licensing) (Amendment) Regulations 2005 (S.I. 2005/606), regs. 1(1), 8(7)(a) (with reg. 10)

F19 Word in Sch. 4 para. 8(1) inserted (1.4.2006) by The Communications (Television Licensing) (Amendment) Regulations 2006 (S.I. 2006/619), regs. 1(1), 7(2)(a) (with reg. 9)

F20 Words in Sch. 4 para. 8(1) substituted (1.4.2006) by The Communications (Television Licensing) (Amendment) Regulations 2006 (S.I. 2006/619), regs. 1(1), 7(2)(b) (with reg. 9)

F21 Words in Sch. 4 para. 8(1) inserted (1.4.2005) by The Communications (Television Licensing) (Amendment) Regulations 2005 (S.I. 2005/606), regs. 1(1), 8(7)(b) (with reg. 10)

F22 Sch. 4 para. 8(2) inserted (1.4.2005) by The Communications (Television Licensing) (Amendment) Regulations 2005 (S.I. 2005/606), regs. 1(1), 8(8) (with reg. 10)

Marginal Citations

M13 S.I. 1972/1265 (N.I. 14); article 15 was amended by S.I. 1992/3204 (N.I. 20), article 37 and Schedule 1, S.I. 1991/194 (N.I. 1), article 34 and Schedule 5, the Immigration and Asylum Act 1999 (c. 33), section 121, and the Personal Social Services (Preserved Rights) Act (Northern Ireland) 2002 (c. 5) (N.I.), section 4 and the Schedule.

M14 S.I. 1981/156 (N.I. 3).

M15 S.I. 1992/1725 (N.I. 15). “Housing association” is defined in article 3.

M16 S.I. 1986/595 (N.I. 4).

M17 S.I. 1983/1118 (N.I. 15); Part II was amended by article 96 of S.I. 1992/1725 (N.I. 15).

Guernsey U.K.

9.— [F23 (1)]  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

(b)

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

(i)

by any [F24 Department] of the States of Guernsey; or

(ii)

by a body approved in writing for the purposes of these Regulations by [F25 the [F26 Health and Social Services Department]] ;

“mental disorder” means any mental ailment within the meaning of the Mental Treatment Law (Guernsey) 1939.

[F27 (2) 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.]

Textual Amendments

F23 Sch. 4 para. 9 renumbered as Sch. 4 para. 9(1) (1.4.2005) by The Communications (Television Licensing) (Amendment) Regulations 2005 (S.I. 2005/606), regs. 1(1), 8(9) (with reg. 10)

F24 Word in Sch. 4 para. 9(1) substituted (1.4.2006) by The Communications (Television Licensing) (Amendment) Regulations 2006 (S.I. 2006/619), regs. 1(1), 7(3)(a) (with reg. 9)

F25 Words in Sch. 4 para. 9(1) substituted (1.4.2005) by The Communications (Television Licensing) (Amendment) Regulations 2005 (S.I. 2005/606), regs. 1(1), 8(10) (with reg. 10)

F26 Words in Sch. 4 para. 9(1) substituted (1.4.2006) by The Communications (Television Licensing) (Amendment) Regulations 2006 (S.I. 2006/619), regs. 1(1), 7(3)(b) (with reg. 9)

F27 Sch. 4 para. 9(2) inserted (1.4.2005) by The Communications (Television Licensing) (Amendment) Regulations 2005 (S.I. 2005/606), regs. 1(1), 8(11) (with reg. 10)

Isle of Man U.K.

10.— [F28 (1)]  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)

F29 ...

(ii)

[F30 is provided under the National Health Service Act 2001; or]

(iii)

[F30 is provided under section 2 of the Social Services Act 2011];

(iv)

[F31 is 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]

(b)

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

(i)

under Part IV of the Housing Act 1955 M18 ; or

(ii)

by a housing association under Part II of the Housing (Miscellaneous Provisions) Act 1976 M19 ;

“mental disorder” means any mental disorder within the meaning of the Mental Health Act 1998 M20 .

[F32 (2) 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.]

Textual Amendments

F28 Sch. 4 para. 10 renumbered as Sch. 4 para. 10(1) (1.4.2005) by The Communications (Television Licensing) (Amendment) Regulations 2005 (S.I. 2005/606), regs. 1(1), 8(12) (with reg. 10)

F29 Words in Sch. 4 para. 10(1) omitted (1.4.2005) by virtue of The Communications (Television Licensing) (Amendment) Regulations 2005 (S.I. 2005/606), regs. 1(1), 8(13) (with reg. 10)

F30 Words in Sch. 4 para. 10(1) substituted (1.9.2016) by The Communications (Television Licensing) (Amendment) Regulations 2016 (S.I. 2016/704), regs. 1(1), 8(2)

F31 Words in Sch. 4 para. 10(1) inserted (1.9.2016) by The Communications (Television Licensing) (Amendment) Regulations 2016 (S.I. 2016/704), regs. 1(1), 8(3)

F32 Sch. 4 para. 10(2) inserted (1.4.2005) by The Communications (Television Licensing) (Amendment) Regulations 2005 (S.I. 2005/606), regs. 1(1), 8(14) (with reg. 10)

Marginal Citations

M18 An Act of Tynwald.

M19 An Act of Tynwald.

M20 An Act of Tynwald.

Jersey U.K.

11.— [F33 (1)]  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

(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;

“mental disorder” means a mental disorder as defined in the Mental Health (Jersey) Law 1969.

[F34 (2) 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.]

Textual Amendments

F33 Sch. 4 para. 11 renumbered as Sch. 4 para. 11(1) (1.4.2005) by The Communications (Television Licensing) (Amendment) Regulations 2005 (S.I. 2005/606), regs. 1(1), 8(15) (with reg. 10)

F34 Sch. 4 para. 11(2) inserted (1.4.2005) by The Communications (Television Licensing) (Amendment) Regulations 2005 (S.I. 2005/606), regs. 1(1), 8(16) (with reg. 10)

Accommodation for residential care: supplementary provisions U.K.

12.—(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. U.K.

(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.