Part 4

Licensing of TV reception

TV licence fees
365
1
A person to whom a TV licence is issued shall be liable to pay—
a
on the issue of the licence (whether initially or by way of renewal), and
b
in such other circumstances as regulations made by the Secretary of State may provide,
such sum (if any) as may be provided for by any such regulations.
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.
2
Sums which a person is liable to pay by virtue of regulations under subsection (1) must be paid to the BBC and are to be recoverable by them accordingly.
3
The BBC are entitled, in such cases as they may determine, to make refunds of sums received by them by virtue of regulations under this section.
4
Regulations under this section may include provision—
a
for the means by which an entitlement to a concession provided for by the regulations must be established; and
b
for the payment of sums by means of an instalment scheme set out in the regulations.
5
A reference in this section or section 365A to a concession is a reference to any concession under which a person is, on the satisfaction of specified requirements—
a
exempted from the liability to pay a sum in respect of a TV licence; or
b
required to pay only a reduced sum in respect of such a licence.
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.
6
The consent of the Treasury shall be required for the making of any regulations under this section by the Secretary of State.
7
Subject to subsection (8), sums received by the BBC by virtue of any regulations under this section must be paid into the Consolidated Fund.
8
The BBC may retain, out of the sums received by them by virtue of regulations under this section, any sums they require for making refunds of sums so received.
S. 365 in force at 1.4.2004 by S.I. 2003/3142, art. 4(2), Sch. 2 (with art. 11) (as amended (8.3.2004) by S.I. 2004/697, art. 2(3))
S. 365(4)(a) amendment by 2017 c. 30, s. 89 extended to Isle of Man (1.6.2020) by The Communications (Isle of Man) Order 2020 (S.I. 2020/149), arts. 1(3), 3
S. 365(5) amendment by 2017 c. 30, s. 89 extended to Isle of Man (1.6.2020) by The Communications (Isle of Man) Order 2020 (S.I. 2020/149), arts. 1(3), 3
S. 365(1A) inserted (1.6.2020) by Digital Economy Act 2017 (c. 30), ss. 89(3), 118(3) (as amended by S.I. 2020/530, art. 2)
Words in s. 365(4)(a) inserted (1.6.2020) by Digital Economy Act 2017 (c. 30), ss. 89(4), 118(3) (as amended by S.I. 2020/530, art. 2)
Words in s. 365(5) substituted (1.6.2020) by Digital Economy Act 2017 (c. 30), ss. 89(5), 118(3) (as amended by S.I. 2020/530, art. 2)
S. 365(5A)(5B) inserted (1.6.2020) by Digital Economy Act 2017 (c. 30), ss. 89(6), 118(3) (as amended by S.I. 2020/530, art. 2)
S. 365(1A) amendment by 2017 c. 30, s. 89 extended to Isle of Man (1.6.2020) by The Communications (Isle of Man) Order 2020 (S.I. 2020/149), arts. 1(3), 3
S. 365(5A)(5B) amendment by 2017 c. 30, s. 89 extended to Isle of Man (1.6.2020) by The Communications (Isle of Man) Order 2020 (S.I. 2020/149), arts. 1(3), 3