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A decision made (24.02.06) to approve the draft Order in Counci; to allow the television licence fee to be raised.

Subject:	Economic Development - TV Licence Fee increase Regulations 2006
Decision Reference:	MD-E-2006-0030		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	TV Licence Fee increase Regulations 2006
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 to be raised from £126.50 to £131.50 for a colour licence and from £42 to £44 for a black and white licence and 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) Dr Jason Lane to contact Melanie Cavey, Chief Minister’s Department, for follow-up to the Department for Constitutional Affairs, London. ii) Dr Jason lane to Inform Richard Whitehead, Principal Legal Adviser, Law Officers Department, of the Minister’s approval.
Signature: Senator Philip Ozouf (Minister)		Date of Decision:

Economic Development - TV Licence Fee increase regulations

Economic Development Report

TV Licence Fee Increase Regulations 2006

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 and the fee increases were announced on 23rd January 2006.

The Regulations need to be laid before Parliament no later that 9th 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.

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

24th February 2006

Draft - 9 February 2006

STATUTORY INSTRUMENTS

2006 No. XXX

Electronic communications

broadcasting

The Communications (Television Licensing) (Amendment) Regulations 2006

Made - - - - ***

Laid before Parliament ***

Coming into force - - 1st April 2006

The Secretary of State, in exercise of the powers conferred by sections 6(1) of the Wireless Telegraphy Act 1967([a]) and sections 365(1) and (4) and 402(3) of the Communications Act 2003([b]), as extended by the Broadcasting and Communications (Jersey) Order 2004([c]), the Communications (Bailiwick of Guernsey) Order 2004([d]) and the Communications (Isle of Man) Order 2003([e]), with the consent of the Treasury, makes the following Regulations:

Commencement and citation

1.—(1) These Regulations may be cited as the Communications (Television Licensing) (Amendment) Regulations 2005 and shall come into force on 1st April 2006.

(2) In these Regulations “the 2004 Regulations” means the Communications (Television Licensing) Regulations 2004([f]).

Amendment of the 2004 Regulations

2. The 2004 Regulations shall be amended in accordance with the following provisions of these Regulations.

Amendment of Regulation 11

3.In regulation 11(1), for “computer apparatus” substitute–

“:

(a) computer apparatus; or

(b) a mobile telephone.”.

Amendment of Schedule 1

4. In Schedule 1 (issue fees for TV licences) –

(a) for “£42.00” in each place where it occurs substitute “£44.00”; and

(b) for “£126.50 in each place where it occurs substitute “£131.50”.

Amendment of Schedule 2

5.—(1) Schedule 2 (fees for TV licences payable by instalments) shall be amended in accordance with this regulation.

(2) In paragraph 2(1) for “£32.89” and “£32.87” substitute respectively “£34.14” and “£34.12”.

(3) In paragraphs 5(1) and 6(1) in each case for “2005” substitute “2006”.

(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) –

(a) in paragraph (b) for “2005” substitute “2006”; and

(b) for “£73.80” and £10.54” substitute respectively “£76.75” and “£10.95”.

(7) For table 3 substitute table 3 in the Schedule to these Regulations.

(8) In paragraph 9–

(a) in paragraph (a) for “£5.00” substitute “£5.50”;

(b) for paragraph (c) substitute –

“(c) the amount of the first 2 of those instalments is to be £5.50 and each of the remaining 2 instalments is to be £5.00.”

(9) In paragraph 11–

(a) in sub-paragraph (1) for “£65.00” substitute “£66.50”;

(b) in sub-paragraph (3) for “£45.50” substitute “£47.00”;

(d) in sub-paragraph (5) for “£24.00” substitute “25.50”.

(10) In paragraph 12–

(a) in sub-paragraph (1) for “£65.00” substitute “£66.50”;

(b) for paragraph (b) of sub-paragraph (2) substitute–

“(b) the amount of each of the 10 instalments is to be £6.50.”

(d) in paragraph (b) of sub-paragraph (4) for “£10.30” and “£10.00” substitute respectively “£10.90” and “£10.50”.

(e) in paragraph (b) of sub-paragraph (5) for “£15.40” and “£15.30” substitute respectively “£16.20” and “£16.40”.

(11) In paragraph 13(2)–

(a) in paragraph (a) for “£7.30” and “£6.80” substitute respectively “£7.80” and “£7.30”;

(b) in paragraph (b) for “£9.10” and “£8.80” substitute respectively “£9.70” and “£9.60”;

(d) in paragraph (d) for “£18.20” and “£17.90” substitute respectively “£19.40” and “£19.30”.

(12) In paragraph 14–

(a) in sub-paragraph (1) for “£45.50” substitute “£47.00”;

(b) for paragraph (a) of sub-paragraph (2) substitute–

“(a) sub-paragraph 2(b) is to have effect as if it provided for the amount of each of the first 9 of the instalments to be £8.50 and the final instalment to be £8.00;”;

(d) for paragraph (c) of sub-paragraph (2) substitute–

“(c) sub-paragraph 4(b) is to have effect as if it provided for the amount of each of the first 5 of the instalments to be £14.10 and the final instalment to be £14.00;”; and

(e) in sub-paragraph (d) for “£20.30 and “£20.10” substitute respectively “£21.20” and “£19.90”.

(13) In paragraph 15–

(a) in sub-paragraph (1) for “£35.50” substitute “£37.50”;

(b) in paragraph (a) of sub-paragraph (2) for “£9.10” substitute “£9.40”;

(d) in paragraph (c) of sub-paragraph (2) for “£15.20” and “£15.00” substitute respectively “£15.70” and “£15.50”; and

(e) for paragraph (d) of sub-paragraph (2) substitute–

“(d) sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the instalments to be £23.50.”.

(14) In paragraph 16–

(a) in sub-paragraph (1) for “£24.00” substitute “£25.50”;

(b) for paragraph (a) of sub-paragraph (2) substitute–

“(a) sub-paragraph 2(b) is to have effect as if it provided for the amount of the instalments to be £10.60;”;

(c) in paragraph (b) of sub-paragraph (2) for “£12.20/90” and “£12.10/20” substitute respectively “£13.30” and “£12.90” [OR] for paragraph (b) of sub-paragraph (2) substitute–

“(b) sub-paragraph 3(b) is to have effect as if it provided for the amount of each of the first 7 instalments to be £13.30 and the final instalment to be £12.90;”;

(d) in paragraph (c) of sub-paragraph (2) for “£17.10” and “£17.00” substitute respectively “£17.70” and “£17.50”; and

(e) for paragraph (d) of sub-paragraph (2) substitute–

“(d) sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the instalments to be £26.50.”.

(15) In paragraph 17(2)–

(a) in paragraph (a) for “£11.70” substitute “£12.20”;

(b) in paragraph (b) for “£14.70” and “£14.10” substitute respectively “£15.30” and “£14.90”;

“(c) sub-paragraph (4)(b) is to have effect as if it provided for the amount of each of the first 5 instalments to be £20.40 and the final instalment to be £20.00;”; and

(d) for paragraph (d) substitute–

“(d) sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the instalments to be £30.50.”.

Amendment of Schedule 3

6.—(1) Schedule 3 (fees for interim TV licences) shall be amended in accordance with the following provisions of this regulation.

(2) In the table in Part 1 (fees for interim TV licences) for “£3.500” and “£10.541” substitute respectively “£3.666” and “£10.958”.

(3) In paragraph 1(5)(b) of Part 2 (interim TV licence (including colour): payment by instalments) for “£126.50” substitute “£131.50”.

Amendment of Schedule 5

7. In Schedule 5 (TV licence fees for hotels and hospitality areas and mobile units)–

(a) for “£42.00” in each place where it occurs substitute “£44.00”; and

(b) for “£126.50” in each place where it occurs substitute “£131.50”.

Savings

8. Schedules 1 to 3 and 5 to the 2004 Regulations shall continue to have effect without the amendments made by these Regulations in relation to any TV licence issued before 1st April 2006.

Name

Parliamentary Under Secretary of State

Date Department for Culture, Media and Sport

We consent to the making of these Regulations to the extent that they are made in exercise of the powers conferred by section 365 of the Communications Act 2003

Name

Two of the Commissioners of Her Majesty’s Treasury

Date

SCHEDULE regulation 5

Table 1

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6	Column 7
Date by which the instalment it to be paid	Amount of instalment payment
Date on which the licence is issued (“the issue date”)	£74.65	£69.85	£64.10	£57.10	£48.30	£37.00
The last day of the period of 1 month beginning on the day immediately following the issue date	£11.37	£12.33	£13.48	£14.88	£16.64	£18.90
The last day of the period of 2 months beginning on the day immediately following the issue date	£11.37	£12.33	£13.48	£14.88	£16.64	£18.90
The last day of the period of 3 months beginning on the day immediately following the issue date	£11.37	£12.33	£13.48	£14.88	£16.64	£18.90
The last day of the period of 4 months beginning on the day immediately following the issue date	£11.37	£12.33	£13.48	£14.88	£16.64	£18.90
The last day of the period of 5 months beginning on the day immediately following the issue date	£11.37	£12.33	£13.48	£14.88	£16.64	£18.90

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”)	£76.75	£71.75	£65.75	£58.45	£49.35	£37.60
The last day of the period of 1 month beginning immediately after the issue date	£10.95	£11.95	£13.15	£14.61	£16.43	£18.78
The last day of the period of 2 months beginning immediately after the issue date	£10.95	£11.95	£13.15	£14.61	£16.43	£18.78
The last day of the period of 3 months beginning immediately after the issue date	£10.95	£11.95	£13.15	£14.61	£16.43	£18.78
The last day of the period of 4 months beginning immediately after the issue date	£10.95	£11.95	£13.15	£14.61	£16.43	£18.78
The last day of the period of 5 months beginning immediately after the issue date	£10.95	£11.95	£13.15	£14.61	£16.43	£18.78

Table 3

Column 1	Column 2	Column 3	Column 4	Column 5
Date by which instalment to be paid	Amount of instalment payment
Date on which the licence is issued	£21.95	£26.30	£32.89	£43.84
The first day of the calendar month immediately following the calendar month in which the licence is issued	£21.91	£26.30	£32.87	£43.83
The first day of the second calendar month immediately following the calendar month in which the licence is issued	£21.91	£26.30	£32.87	£43.83
The first day of the third calendar month immediately following the calendar month in which the licence is issued	£21.91	£26.30	£32.87
The first day of the fourth calendar month immediately following the calendar month in which the licence is issued	£21.91	£26.30
The first day of the fifth calendar month immediately following the calendar month in which the licence is issued	£21.91			([h]) 1967 c.72