The Communications (Television Licensing) (Amendment) Regulations 2007.

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (09/03/2007) regarding: The Communications (Television Licensing) (Amendment) Regulations 2007.

Subject:	Economic Development - The Communications (Television Licensing) (Amendment) Regulations 2007
Decision Reference:	MD-E-2007-0061		Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:
Written report – Title	The Communications (Television Licensing) (Amendment) Regulations 2007
Written report – Author (name and job title)	Dr Jason Lane – Director of Regulatory Services
Decision(s): The Minister approves the accompanying draft Order in Council to allow the television licence fee for a basic black and white only TV licence to increase from £44.00 to £45.50, and that for a basic colour TV licence from £131.50 to £135.50. He so authorises the United Kingdom authorities to finalise and make the relevant Regulations.
Reason(s) for decision: The Secretary of State for Culture, Media and Sport sets regulations for television licence fees under authority of the Broadcasting and Communications (Jersey) Order 2004. The current level of licence fees follows a settlement introduced in February 2000 for the years 2000-01 to 2006-07, with annual increases of 1.5% above the level of inflation as measured by the Retail Prices Index. The accompanying report outlines the latest working draft of the relevant Statutory instrument.
Action Required: i) Contact Melanie Cavey, Chief Minister’s Department, for follow-up to the Department for Constitutional Affairs, London. ii) Inform Richard Whitehead, Principal Legal Adviser, Law Officers Department, of the Minister’s approval.
Signature: Deputy A.J.H.Maclean (Assistant Minister)		Date of Decision: 9 March 2007

The Communications (Television Licensing) (Amendment) Regulations 2007.

Economic Development Report

The Communications (Television Licensing) (Amendment) Regulations 2007

This Order is made in exercise of the Secretary of State’s powers under the Broadcasting and Communications (Jersey) Order 2004, however, the Minister must approve the attached draft Statutory Instrument before it can be introduced by Order in Council and registered in the Royal Court. This process follows the established system of increases in line with inflation.

The Regulations need to be laid before Parliament no later that 8th March and, as a result, the Insular Authorities will not have the opportunity to agree the final draft, a situation for which the Department of Culture, Media and Sport has conveyed its apologies. These regulations will give effect to the first year’s television licence fee increases under the new BBC funding settlement for the years 2007-08 to 2012-13, announced by the Secretary of State for Culture, Media and Sport on 18 January this year.

The Regulations provide, in summary, that the fee for a basic black and white only TV licence is increased from £44.00 to £45.50, and that for a basic colour TV licence from £131.50 to £135.50. The fees in respect of residential care accommodation set out in paragraph 2 of Schedule 4 to the 2004 Regulations are increased from £5.00 to £7.50; and 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 £45.50 and £135.50 respectively.

Regulation 3 adds a new definition of “digital set top box” which will apply in Parts 2 and 3 of the 2004 Regulations. A digital set top box is defined as a television receiver whose function is to receive television programmes in digital form, and which cannot itself display, or record or otherwise store such programmes.

In view of the urgency of the request, the Minister is recommended to approve the attached draft and to authorise that the final version be laid before Parliament within the prescribed time period.

Dr Jason Lane , Director of Regulatory Services

Economic Development

6th March 2007