The Communications (Television Licensing) (Amendment) (No. 2) Regulations 2021

Statutory Instruments

2021 No. 227

Electronic Communications

Broadcasting

The Communications (Television Licensing) (Amendment) (No. 2) Regulations 2021

Made

2nd March 2021

Laid before Parliament

5th March 2021

Coming into force

1st May 2021

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 365(1) and (4) and 402(3) of the Communications Act 2003(1), including as extended by the Communications (Isle of Man) Order 2003(2).

The Treasury has consented to the making of these Regulations in accordance with section 365(6) of that Act.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Communications (Television Licensing) (Amendment) (No. 2) Regulations 2021 and come into force on 1st May 2021.

(2) In these Regulations, “the 2004 Regulations” means the Communications (Television Licensing) Regulations 2004(3).

Extension of Part 4 of Schedule 2 to the 2004 Regulations to the Isle of Man

2.  Part 4 of Schedule 2 to the 2004 Regulations(4) shall extend to the Isle of Man.

Amendment of the 2004 Regulations

3.  The 2004 Regulations are amended in accordance with regulations 4 and 5.

4.—(1) In regulation 1(2) (extent)(5), omit “and the Isle of Man”.

(2) After regulation 1(2) insert—

“(2A) These Regulations extend to the Isle of Man except for regulations 10 and 11.”.

5.  In Part 4 of Schedule 2 (simple payment plan licence (not black and white only))—

(a) in paragraph 20(2), after “the person’s financial obligations” insert “; or, in the case of a person who is ordinarily resident in the Isle of Man, he or she has received such advice from a debt advice charity or the Isle of Man Office of Fair Trading”;

(b) in paragraph 20(4), in the definition of “a debt advice charity”, after “Charities Act 2011” insert “, or in the Isle of Man an institution which is a registered charity for the purposes of the Charities Registration and Regulation Act 2019(6),”.

Oliver Dowden

Secretary of State

Department for Digital, Culture, Media and Sport

1st March 2021

We consent:

Maggie Throup

David Rutley

Two of the Lords Commissioners of Her Majesty’s Treasury

2nd March 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Communications (Television Licensing) Regulations 2004 (“the 2004 Regulations”) (S.I. 2004/692) to make provision for the form of TV licence known as a “simple payment plan licence (not black and white only)” (a “simple payment licence”) to be available from 1st May 2021 to eligible television licence fee payers who are resident in the Isle of Man.

Regulation 2 extends the provisions relating to the simple payment licence (Part 4 of Schedule 2 to the 2004 Regulations) to the Isle of Man.

Regulation 5 amends paragraph 20 of Schedule 2 to the 2004 Regulations so that a person in the Isle of Man is eligible for a simple payment licence if they have, within the period of 6 months ending with the issue date, received advice in relation to any of the person’s financial obligations from a debt advice charity that is registered in the Isle of Man or from the Isle of Man Office of Fair Trading.

An impact assessment has not been produced for this instrument as there will be no impact on the private sector and negligible impact on the voluntary sectors is foreseen.

(1)

2003 c. 21. Section 365(4) was amended by section 89 of the Digital Economy Act 2017 (c. 30). There are other amendments to section 365 but none is relevant.

(2)

S.I. 2003/3198, amended by S.I. 2007/278; there are other amending instruments but none is relevant. Article 6 of the Order extends sections 365(1) and (4) and 402(3) of the Communications Act 2003 to the Isle of Man.

(3)

S.I. 2004/692.

(4)

Part 4 was inserted by S.I. 2018/339 and amended S.I. 2020/160 in relation to the United Kingdom only.

(5)

Regulation 1(2) was substituted by S.I. 2020/160.

(6)

AT 7 of 2019 (Isle of Man).