Government of Jersey

Information about the publication of Ministerial Decisions

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A decision made (19/02/2009) regarding: The Communications (Television Licensing) (Amendment) Regulations 2009.

Decision Reference: MD-E-2009-0027
Decision Summary Title :	Communications (Television Licensing) (Amendment) Regulations 2009.doc		Date of Decision Summary:	18 February 2009
Decision Summary Author:	Director of Regulatory Services		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Report on the 2009 amendment to the Communications (Television Licensing) Regulations 2004 (S.I. 2004/692).doc		Date of Written Report:	18 February 2009
Written Report Author:	Director of Regulatory Services		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: The Communications (Television Licensing) (Amendment) Regulations 2009
Decision(s): The Minister approved the accompanying draft Order in Council to allow the television licence fee for a basic black and white only TV licence to increase from £45.50 to £47.00, and that for a basic colour TV licence from £135.50 to £139.50. He authorised 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 each year under authority of the Broadcasting and Communications (Jersey) Order 2004. The accompanying report outlines the latest working draft of the relevant Statutory instrument.
Resource Implications: None
Action required: Contact the International Relations Officer, Chief Minister’s Department, for follow-up to the Ministry of Justice, London. Inform Law Officers Department, of the Minister’s approval.
Signature: Senator A.J.H.Maclean		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Television Licensing - Fee Increases.

Report on the 2009 amendment to the Communications (Television Licensing) Regulations 2004 (S.I. 2004/692)

As provided for as part of the licence fee settlement with the BBC, television licence fees are required to keep in line with the cost in production of public service broadcasting. Licence fee payers in Jersey have not previously been able to take advantage of the full range of payment options available to licence holders in the United Kingdom and this Regulation extends two payment schemes to the Island in order to provide the greatest possible choice.

To that end these Regulations provide for increases in the sums to be paid for different categories of licences set out in the 2004 Regulations, and in the sums payable by way of instalments under instalment schemes set out in those Regulations.

In summary—

the fee for a basic black and white only TV licence is increased from £47.00 to £48.00, and that for a basic colour TV licence from £139.50 to £142.50;
the premium instalment licence payment scheme is extended to Jersey;
the easy entry television licence payment scheme is extended to Jersey;
the issue fee and subsequent instalments for the premium instalment licence are raised to £36.89 and £36.87 respectively, the total payable rising from £144.50 to £147.50;
amendments are made in relation to the instalments payable for the budget instalment licence and easy entrance licence so that in every case the total amount payable is raised from £139.50 to £142.50;
the provisions relating to TV licence fees for accommodation for residential care are amended to increase the fee for each unit of accommodation specified in the licence 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 £48.00 and £142.50 respectively.

Director of Regulatory Services

18th February 2009
STATUTORY INSTRUMENTS

2009 No.

ELECTRONIC communications

broadcasting

The Communications (Television Licensing) (Amendment) Regulations 2009

Made - - - - ***

Laid before Parliament 10th March 2009

Coming into force - - 1st April 2009

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 365(1) and (4) and 402 of the Communications Act 2003(1), as extended by the Communications (Jersey) Order 2003(2), the Broadcasting and Communications (Jersey) Order 2004(3), the Communications (Bailiwick of Guernsey) Order 2003(4), the Communications (Bailiwick of Guernsey) Order 2004(5) and the Communications (Isle of Man) Order 2003(6).

These Regulations are made with the consent of the Treasury in accordance with section 365(6) of the Communications Act 2003.

Citation, commencement and extent

— These Regulations may be cited as the Communications (Television Licensing) (Amendment) Regulations 2009 and come into force on 1st April 2009.
1. These Regulations extend to the Channel Islands and the Isle of Man.

Amendment of the 2004 Regulations

The Communications (Television Licensing) Regulations 2004(7) (“the 2004 Regulations”) are amended as set out in regulations 3 to 7 of these Regulations.

Amendment of Schedule 1

In Schedule 1 (Issue fees for TV licences) —
1. for “£47.00” in each place where it occurs substitute “£48.00”;
2. for “£139.50” in each place where it occurs substitute “£142.50”.

Amendment of Schedule 2

— Schedule 2 (Fees for TV licences payable by instalments) is amended as follows.
1. Omit paragraph 1(3).
2. In paragraph 2(1) for “£36.14 and “£36.12” substitute, respectively, “£36.89” and £36.87”.
3. In each of paragraphs 5(1) and 6(1), for “2008” substitute “2009”.
4. For table 1 substitute table 1 in the Schedule to these Regulations.
5. For table 2 substitute table 2 in the Schedule to these Regulations.
6. In paragraph 7(6)—
  1. in sub-paragraph (b) for “2008” substitute “2009”; and
  2. for “£81.40” and “£11.62” substitute, respectively, “£83.15” and “£11.87”.
7. For table 3 substitute table 3 in the Schedule to these Regulations.
8. Omit paragraph 8(3).
9. In paragraph 9, for paragraph (c) substitute—

“(c) the amount of each of the first 24 of those instalments is to be £5.50 and the amount of the final instalment is to be £5.00.”

In paragraph 11—
1. in sub-paragraph (3) for “£49.00” substitute “£51.50”;
2. in sub-paragraph (6) for “£10.00” substitute “£10.50”.
In paragraph 12—
1. in sub-paragraph (2)(b) for “£6.80” substitute “£7.10”;
2. for sub-paragraph (3)(b) substitute—

“(b) the amount of the first 7 instalments is to be £8.90 and the final instalment is to be £8.70;”;

in sub-paragraph (4)(b) for “£11.40” and “£11.00” substitute, respectively, “£11.90” and “£11.50”;
in sub-paragraph (5)(b) for “£17.00” substitute “£17.75”.

In paragraph 13—
1. in sub-paragraph (2)(a) for “£8.10” substitute “£8.40”;
2. for sub-paragraph (2)(b) substitute—

“(b) sub-paragraph (3)(b) is to have effect as if it provided for each of the 8 instalments to be £10.50;”;

in sub-paragraph (2)(c) for “£13.50” substitute “£14.00”;
in sub-paragraph (2)(d) for “£20.25” substitute “£21.00”.

In paragraph 14—
1. in sub-paragraph (1) for “£49.00” substitute “£51.50”;
2. in sub-paragraph (2)(a) for “£9.05” substitute “£9.10”;
3. in sub-paragraph (2)(b) for “£10.70” substitute “£11.20”;
4. in sub-paragraph (2)(c) for “£15.10” substitute “£15.20”;
5. for sub-paragraph (2)(d) substitute—

“(d) sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the 4 instalments to be £22.75.”.

In paragraph 15—
1. in sub-paragraph (2)(a) for “£9.95” substitute “£10.25”;
2. in sub-paragraph (2)(b) for “£12.50” and “£12.00” substitute, respectively, “£12.85” and “£12.55”;
3. in sub-paragraph (2)(c) for “£16.60” and “£16.50” substitute, respectively, “£17.00” and “£17.10”;
4. in sub-paragraph (2)(d) for “£24.90” and “£24.80” substitute, respectively, “£25.70” and “£25.40”.
In paragraph 16—
1. for sub-paragraph (2)(a) substitute—

“(a) sub-paragraph (2)(b) is to have effect as if it provided for the amount of each of the 10 instalments to be £11.55;”;

in sub-paragraph (2)(b) for “£14.10” and “£13.80” substitute, respectively, “£14.45” and “£14.35”;
in sub-paragraph (2)(c) for “£18.75” substitute “£19.25”;
in sub-paragraph (2)(d) for “£28.20” and “£27.90” substitute, respectively, “£28.90” and “£28.80”.

In paragraph 17—
1. in sub-paragraph (1) for “£10.00” substitute “£10.50”;
2. in sub-paragraph (2)(a) for “£12.95” substitute “£13.20”;
3. for sub-paragraph (2)(b) substitute—

“(b) sub-paragraph (3)(b) is to have effect as if it provided for the amount of each of the 8 instalments to be to be £16.50;”;

for sub-paragraph (2)(c) substitute—

“(c) sub-paragraph (4)(b) is to have effect as if it provided for the amount of each of the 6 instalments to be to be £22.00;”;

for sub-paragraph (2)(d) substitute—

“(d) sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the 4 instalments to be to be £33.00;”.

Amendment of Schedule 3

— In the table in Part 1 of Schedule 3 (Fees for interim TV licences) for “£3.916” and “£11.625” substitute, respectively, “£4” and “£11.875”.
1. In paragraph 1(5)(b) of Part 2 of that Schedule (Interim TV licence (including colour): payment by instalments) for “£139.50” substitute “£142.50”.

Amendment of Schedule 4

— In paragraphs 2(2) and 2(3) of Schedule 4 for “£5.00” substitute “£7.50”.

Amendment of Schedule 5

— Schedule 5 (TV licence fees for hotels and hospitality areas and mobile units) is amended as follows.
1. In the definition of “relevant amount”—
  1. in paragraph (a) for “£47.00 substitute “£48.00”; and
  2. in paragraph 1(b) for “£139.50” substitute “£142.50”.
2. In paragraph 3(1)(a) for “£47.00 substitute “£48.00”.
3. In paragraph 3(1)(b) for “£139.50” substitute “£142.50”.

Andy Burnham

Secretary of State

March 2009 Department for Culture, Media and Sport

We consent to the making of these Regulations to the extent that they are made under section 365 of the Communications Act 2003

Signatory 1

Signatory 2

March 2009 Two of the Commissioners of Her Majesty’s Treasury

SCHEDULE 1

Table 1

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6	Column 7
Date by which instalment is to be paid	Amount of instalment payment
Date on which the licence is issued (“the issue date”)	£81.90	£76.60	£70.25	£62.50	£52.85	£40.40
The last day of the period of 1 month beginning on the day immediately following the issue date	£12.12	£13.18	£14.45	£16.00	£17.93	£20.42
The last day of the period of 2 months beginning on the day immediately following the issue date	£12.12	£13.18	£14.45	£16.00	£17.93	£20.42
The last day of the period of 3 months beginning on the day immediately following the issue date	£12.12	£13.18	£14.45	£16.00	£17.93	£20.42
The last day of the period of 4 months beginning on the day immediately following the issue date	£12.12	£13.18	£14.45	£16.00	£17.93	£20.42
The last day of the period of 5 months beginning on the day immediately following the issue date	£12.12	£13.18	£14.45	£16.00	£17.93	£20.42

Table 2

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6	Column 7
Date by which instalment is to be paid	Amount of instalment payment
Date on which the licence is issued (“the issue date”)	£83.15	£77.75	£71.25	£63.35	£53.45	£40.75
The last day of the period of 1 month beginning on the day immediately following the issue date	£11.87	£12.95	£14.25	£15.83	£17.81	£20.35
The last day of the period of 2 months beginning on the day immediately following the issue date	£11.87	£12.95	£14.25	£15.83	£17.81	£20.35
The last day of the period of 3 months beginning on the day immediately following the issue date	£11.87	£12.95	£14.25	£15.83	£17.81	£20.35
The last day of the period of 4 months beginning on the day immediately following the issue date	£11.87	£12.95	£14.25	£15.83	£17.81	£20.35
The last day of the period of 5 months beginning on the day immediately following the issue date	£11.87	£12.95	£14.25	£15.83	£17.81	£20.35

Table 3

Column 1	Column 2	Column 3	Column 4	Column 5
Date by which instalment is to be paid	Amount of instalment payment
Date on which the licence is issued (“the issue date”)	£23.75	£28.50	£35.64	£47.50
The last day of the period of 1 month beginning on the day immediately following the issue date	£23.75	£28.50	£35.62	£47.50
The last day of the period of 2 months beginning on the day immediately following the issue date	£23.75	£28.50	£35.62	£47.50
The last day of the period of 3 months beginning on the day immediately following the issue date	£23.75	£28.50	£35.62
The last day of the period of 4 months beginning on the day immediately following the issue date	£23.75	£28.50
The last day of the period of 5 months beginning on the day immediately following the issue date	£23.75

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations amend the Communications (Television Licensing) Regulations 2004 (S.I. 2004/692) (“the 2004 Regulations”).

Licence fee increases

These Regulations provide for increases in the sums to be paid for different categories of licences set out in the 2004 Regulations, and in the sums payable by way of instalments under instalment schemes set out in those Regulations.

In summary—

the fee for a basic black and white only TV licence is increased from £47.00 to £48.00, and that for a basic colour TV licence from £139.50 to £142.50;
the premium instalment licence payment scheme is extended to the Channel Islands;
the easy entry television licence payment scheme is extended to the Channel Islands and the Isle of Man;
the issue fee and subsequent instalments for the premium instalment licence are raised to £36.89 and £36.87 respectively, the total payable rising from £144.50 to £147.50;
amendments are made in relation to the instalments payable for the budget instalment licence and easy entrance licence so that in every case the total amount payable is raised from £139.50 to £142.50;
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 £3.916 to £4 in the case of a black and white only TV licence and from £11.625 to £11.875 in the case of a colour TV licence;
the provisions relating to TV licence fees for accommodation for residential care are amended to increase the fee for each unit of accommodation specified in the licence 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 £48.00 and £142.50 respectively.

(1) 2003 c.21.

(2) S.I. 2003/3197. Article 6 of the Order extends section 402 of the Communications Act 2003 to Jersey. There are amendments to the Order not relevant to these Regulations.

(3) S.I. 2004/308. Article 4 of the Order extends sections 365 and 368 of the 2003 Act to Jersey.

(4) S.I. 2003/3195. Article 6 of the Order extends section 402 of the 2003 Act to Guernsey. There are amendments to the Order not relevant to these Regulations.

(5) S.I. 2004/307. Article 4 of the Order extends sections 365 and 368 of the 2003 Act to Guernsey.

(6) S.I. 2003/3198, amended by S.I. 2004/309. Article 6 of the Order extends, with modifications, sections 365, 368 and 402 of the 2003 Act to the Isle of Man. There are amendments to the Order not relevant to these Regulations.

(7) S.I. 2004/692, amended by S.I. 2005/606, S.I. 2006/619, S.I. 2007/718 and S.I. 2008/643.