The Communications (Television Licensing) (Amendment) Regulations 2005

Explanatory Note

(This note is not part of the Order)

These Regulations amend the Communications (Television Licensing) Regulations 2004 (“the 2004 Regulations”).

Licence fee increases

The Regulations amend the provisions prescribing the fees payable for TV licences. In particular—

(a) they increase the fee for a basic black and white only TV licence from £40.50 to £42.00, and that for a basic colour TV licence from £121.00 to £126.50;

(b) the issue fee and subsequent instalments for the premium instalment licence (not available in the Channel Islands) are raised to £32.89 and £32.87 respectively, the total payable rising from £126.00 to £131.50;

(c) amendments are made in relation to the instalments payable for the budget instalment licence and the easy entrance licence (which is not available in the Channel Islands or the Isle of Man) so that in every case the total amount payable is raised from £121.00 to £126.50;

(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 £3.375 to £3.500 in the case of a black and white only TV licence and from £10.083 to £10.541 in the case of a colour TV licence;

(e) 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 £42.00 and £126.50 respectively.

Other amendments

The Regulations increase the fee payable for a duplicate licence (regulation 3). In addition, they make various drafting amendments to the 2004 Regulations to correct mistakes in those Regulations and to update references to repealed or revoked legislation. In particular, the Regulations amend Schedule 4 to the 2004 Regulations (which relates to TV licences for accommodation for residential care) to ensure that the definition of “foster child” for the purposes of that Schedule includes a person who is a foster child not only under the law of England and Wales, but also under the law of any other part of the United Kingdom, the Channel Islands or the Isle of Man. They also make changes to Schedule 4 to take account of: the renaming of the Department of Health and Social Services for Northern Ireland as the Department of Health, Social Services and Public Safety; the right of tenants to buy their homes under the Housing (Northern Ireland) Order 1983, as amended by the Housing (Northern Ireland) Order 2003; the absorption of the States of Guernsey Board of Health by the Department of Health and Social Services in Guernsey; and the repeal of the National Health Service (Isle of Man) Act 1948.