Digital Economy Act 2017

89 TV licence fee concessions by reference to age

(1) The Communications Act 2003 is amended as follows.

(2) Section 365 (TV licence fees) is amended as follows.

(3) After subsection (1) insert—

“(1A) Liability to pay a sum under regulations under subsection (1) is subject to any concession applying in accordance with a determination by the BBC under section 365A.”

(4) In subsection (4)(a) after “concession” insert “provided for by the regulations”.

(5) In subsection (5) for “The reference to a concession in subsection (4)” substitute “A reference in this section or section 365A to a concession”.

(6) After subsection (5) insert—

“(5A) Regulations under this section may not provide for a concession that requires the person to whom the TV licence is issued, or another person, to be of or above a specified age, unless—

(a) the age specified is below 65, and

(b) the requirement is not satisfied if the person concerned is 65 or over at the end of the month in which the licence is issued.

(5B) Subsection (5A) does not apply to—

(a) the concession provided for by regulation 3(d) of and Schedule 4 to the Communications (Television Licensing) Regulations 2004 (S.I. 2004/692) (accommodation for residential care), or

(b) a concession in substantially the same form.”

(7) After section 365 insert—

“365A TV licence fee concessions by reference to age

(1) For the purposes of section 365(1A) the BBC may determine that a concession in specified terms is to apply.

(2) Any concession under this section must include a requirement that the person to whom the TV licence is issued, or another person, is of or above a specified age, which must be 65 or higher, at or before the end of the month in which the licence is issued.

(3) A determination under this section—

(a) may in particular provide for a concession to apply, subject to subsection (2), in circumstances where a concession has ceased to have effect by virtue of section 365(5A), but

(b) may not provide for a concession to apply in the same circumstances as a concession within section 365(5B).

(4) A determination under this section may include provision for the means by which an entitlement to a concession must be established.

(5) A determination under this section—

(a) may make different provision for different cases (including different provision in respect of different areas);

(b) may include transitional provision.

(6) A determination under this section—

(a) must be in writing;

(b) must be published in whatever way the BBC considers appropriate.

(7) The BBC—

(a) may vary a determination by a further determination under this section;

(b) may determine that a concession is to cease to apply (and accordingly revoke a determination under this section).

(8) Before making, varying or revoking a determination the BBC must consult any persons it considers appropriate.”