S.I. No. 396/2001 - Broadcasting (Receiving Licences) (Amendment) (No. 2) Regulations, 2001


I, Síle de Valera, Minister for Arts, Heritage, Gaeltacht and the Islands, in exercise of the powers conferred on me by section 6 (1) of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), the Broadcasting (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 ( S.I. No. 13 of 1993 ), and the Arts, Culture and the Gaeltacht (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 306 of 1997 ), and with the consent of the Minister for Finance, make the following Regulations:

1.       (1) These Regulations may be cited as the Broadcasting (Receiving Licences) (Amendment) (No. 2) Regulations, 2001.

(2) The Broadcasting (Receiving Licences) Regulations, 1961 to 2001, and these Regulations shall be construed together as one and the collective citation, the Broadcasting (Receiving Licences) Regulations, 1961 to 2001, shall include these Regulations.

(3) These Regulations shall come into operation on 1 September 2001.

2.       The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

3.       In these Regulations -

“Principal Regulations” means Broadcasting (Receiving Licences) Regulations, 1961 ( S.I. No. 279 of 1961 );

“Regulations of 1973” means Broadcasting (Receiving Licences) (Amendment) Regulations, 1973 ( S.I. No. 274 of 1973 );

“Regulations of 1996” means Broadcasting (Receiving Licences) (Amendment) Regulations, 1996 ( S.I. No. 249 of 1996 ).

4.       (1) The Principal Regulations are amended by the substitution of the following Regulation for Regulation 5A (inserted by Regulation 4 of the Regulations of 1996):

“5A. (1) Notwithstanding Regulation 5 (inserted by Regulation 4(a) of the Broadcasting (Receiving Licences) (Amendment) Regulations, 1973 ( S.I. No. 274 of 1973 )) of these Regulations, a receiving licence may, instead of being in the form set out in the First or Second Schedule hereto (inserted by Regulations 7(1) and 8(1) of the Regulations of 2001), be in the form set out in the First or Second Schedule hereto immediately prior to the making of the Regulations of 2001 provided the form is duly amended to indicate the relevant fee fixed by virtue of Regulation 5(1) of the Regulations of 2001, and any reference in these Regulations to the form set out in the First or in the Second Schedule hereto shall be construed accordingly.

(2) In paragraph (1) of this Regulation the ‘Regulations of 2001’ means the Broadcasting (Receiving Licences) (Amendment) (No. 2) Regulations, 2001.”.

(2) With effect from 1 January 2002, the Principal Regulations are amended by the substitution of the following Regulation for Regulation 5A (inserted by paragraph (1) of this Regulation):

“5A. (1) Notwithstanding Regulation 5 (inserted by Regulation 4(a) of the Broadcasting (Receiving Licences) (Amendment) Regulations, 1973 ( S.I. No. 274 of 1973 )) of these Regulations, a receiving licence may, instead of being in the form set out in the First or Second Schedule hereto (inserted by Regulations 7(2) and 8(2) of the Regulations of 2001), be in the form set out in the First or Second Schedule hereto immediately prior to the making of the Regulations of 2001 or in the form set out in the First or Second Schedule hereto inserted by Regulations 7(1) and 8(1) of the Regulations of 2001 provided in either case the form is duly amended to indicate the relevant fee fixed by virtue of Regulation 5(2) of the Regulations of 2001, and any reference in these Regulations to the form set out in the First or in the Second Schedule hereto shall be construed accordingly.

(2) In paragraph (1) of this Regulation the ‘Regulations of 2001’ means the Broadcasting (Receiving Licences) (Amendment) (No. 2) Regulations, 2001.”.

5.       (1) Regulation 7(1) (inserted by Regulation 4(b) of the Regulations of 1973 and amended by Regulation 5 of the Regulations of 1996) of the Principal Regulations is amended by the substitution of “£84.50 (€107.29)” for “seventy pounds” and of “£66.50 (€84.44)” for “fifty two pounds”.

(2) With effect from 1 January 2002, Regulation 7(1) (inserted by Regulation 4(b) of the Regulations of 1973 and amended by paragraph (1) of this Regulation) of the Principal Regulations is amended by the substitution of “€107.00” for “£84.50 (€107.29)” and of “€84.00” for “£66.50 (€84.44)”.

6.       (1) Regulation 14 (inserted by Regulation 4(d) of the Regulations of 1973 and amended by Regulation 6 of the Regulations of 1996) of the Principal Regulations is amended by the substitution of the following paragraph for paragraph (2):

“(2) The rebate in respect of a surrendered licence mentioned in paragraph (1) of this Regulation shall be calculated at the rate of -

(a)      in the case of a licence for which a fee of £52.00 (€66.03) was paid, one twelfth of £52.00 (€66.03),

(b)      in the case of a licence for which a fee of £66.50 (€84.44) was paid, one twelfth of £66.50 (€84.44),

for each complete month or part (if any) of a month for which the licence would otherwise have continued in force from the date on which it was surrendered.”.

(2) With effect from 1 January 2002, Regulation 14 (inserted by Regulation 4(d) of the Regulations of 1973 and amended by paragraph (1) of this Regulation) of the Principal Regulations is amended by the substitution of the following paragraph for paragraph (2):

“(2) The rebate in respect of a surrendered licence mentioned in paragraph (1) of this Regulation shall be calculated at the rate of -

(a)      in the case of a licence for which a fee of £52.00 (€66.03) was paid, one twelfth of €66.03,

(b)      in the case of a licence for which a fee of £66.50 (€84.44) was paid, one twelfth of €84.44,

(c)      in the case of a licence for which a fee of €84.00 was paid, one twelfth of €84.00,

for each complete month or part (if any) of a month for which the licence would otherwise have continued in force from the date on which it was surrendered.”.

7.       (1) The following is substituted for the First Schedule (inserted by Regulation 7 of the Regulations of 1996) to the Principal Regulations:

FIRST SCHEDULE

Fee £84.50 / €107.29

*

Athnuachan

BROADCASTING (TELEVISION) RECEIVING LICENCE

Renewal

(COLOUR AND MONOCHROME)

Name in Full ............................................................ ............................................................ ............................................................ ....................................

Postal Address in Full ............................................................ ............................................................ ............................................................ .....................

The above-named person is hereby authorised subject to the Wireless Telegraphy Acts, 1926 to 1988, the

Broadcasting Authority Acts, 1960 to 2001, and the Broadcasting (Receiving Licences) Regulations, 1961 to 2001, to

keep and have possession of apparatus for wireless telegraphy for receiving sound and visual images in colour and

monochrome broadcast by a broadcasting station

*          at the said premises

*          at the following premises ............................................................ ............................................................ ............................................................ ....

*          in the vehicle bearing the registration No. ............................................................ ............................................................ ...............................

from the ..............................

day of ......................, 20

to the ......................

day of ......................, 20

Issued on behalf of the Minister for Arts, Heritage, Gaeltacht and the Islands

DÁT-STAMPA na hOifige a thug amach

* Strike out the inapplicable words.

This licence is issued subject to the provisions of the Broadcasting

(Receiving Licences) Regulations, 1961 to 2001, and to any amendment thereof.

The following note will appear at back of licence:-

Copyright: This licence does not authorise any infringement of copyright in the matter received.”.

(2) With effect from 1 January 2002, the following is substituted for the First Schedule (inserted by paragraph (1) of this Regulation) to the Principal Regulations:

“FIRST SCHEDULE

Fee €107.00 / £84.27

*

Athnuachan

BROADCASTING (TELEVISION) RECEIVING LICENCE

Renewal

(COLOUR AND MONOCHROME)

Name in Full ............................................................ ............................................................ ............................................................ ....................................

Postal Address in Full ............................................................ ............................................................ ............................................................ .....................

The above-named person is hereby authorised subject to the Wireless Telegraphy Acts, 1926 to 1988, the

Broadcasting Authority Acts, 1960 to 2001, and the Broadcasting (Receiving Licences) Regulations, 1961 to 2001, to

keep and have possession of apparatus for wireless telegraphy for receiving sound and visual images in colour and

monochrome broadcast by a broadcasting station

*          at the said premises

*          at the following premises ............................................................ ............................................................ ............................................................ ....

*          in the vehicle bearing the registration No. ............................................................ ............................................................ ...............................

from the ..............................

day of ......................, 20

to the ......................

day of ......................, 20

Issued on behalf of the Minister for Arts, Heritage, Gaeltacht and the Islands

DÁT-STAMPA na hOifige a thug amach

* Strike out the inapplicable words.

This licence is issued subject to the provisions of the Broadcasting

(Receiving Licences) Regulations, 1961 to 2001, and to any amendment thereof.

The following note will appear at back of licence:-

Copyright: This licence does not authorise any infringement of copyright in the matter received.”.

8.       (1) The following is substituted for the Second Schedule (inserted by Regulation 8 of the Regulations of 1996) to the Principal Regulations:

“SECOND SCHEDULE

Fee £66.50 / € 84.44

*

Athnuachan

BROADCASTING (TELEVISION) RECEIVING LICENCE

Renewal

(MONOCHROME ONLY)

Name in Full ............................................................ ............................................................ ............................................................ ....................................

Postal Address in Full ............................................................ ............................................................ ............................................................ .....................

The above-named person is hereby authorised subject to the Wireless Telegraphy Acts, 1926 to 1988, the

Broadcasting Authority Acts, 1960 to 2001, and the Broadcasting (Receiving Licences) Regulations, 1961 to 2001, to

keep and have possession of apparatus for wireless telegraphy for receiving sound and visual images in

monochrome only broadcast by a broadcasting station

*          at the said premises

*          at the following premises ............................................................ ............................................................ ............................................................ ....

*          in the vehicle bearing the registration No. ............................................................ ............................................................ ...............................

from the ..............................

day of ......................, 20

to the ......................

day of ......................, 20

Issued on behalf of the Minister for Arts, Heritage, Gaeltacht and the Islands

DÁT-STAMPA na hOifige a thug amach

* Strike out the inapplicable words.

This licence is issued subject to the provisions of the Broadcasting

(Receiving Licences) Regulations, 1961 to 2001, and to any amendment thereof.

The following note will appear at back of licence:-

Copyright: This licence does not authorise any infringement of copyright in the matter received.”

(2) With effect from 1 January 2002, the following is substituted for the Second Schedule (inserted by paragraph (1) of this Regulation) to the Principal Regulations:

“SECOND SCHEDULE

Fee €84.00 / £66.16

*

Athnuachan

BROADCASTING (TELEVISION) RECEIVING LICENCE

Renewal

(MONOCHROME ONLY)

Name in Full ............................................................ ............................................................ ............................................................ ....................................

Postal Address in Full ............................................................ ............................................................ ............................................................ .....................

The above-named person is hereby authorised subject to the Wireless Telegraphy Acts, 1926 to 1988, the

Broadcasting Authority Acts, 1960 to 2001, and the Broadcasting (Receiving Licences) Regulations, 1961 to 2001, to

keep and have possession of apparatus for wireless telegraphy for receiving sound and visual images in

monochrome only broadcast by a broadcasting station

*          at the said premises

*          at the following premises ............................................................ ............................................................ ............................................................ ....

*          in the vehicle bearing the registration No. ............................................................ ............................................................ ...............................

from the ..............................

day of ......................, 20

to the ......................

day of ......................, 20

Issued on behalf of the Minister for Arts, Heritage, Gaeltacht and the Islands

DÁT-STAMPA na hOifige a thug amach

* Strike out the inapplicable words.

This licence is issued subject to the provisions of the Broadcasting

(Receiving Licences) Regulations, 1961 to 2001, and to any amendment thereof.

The following note will appear at back of licence:-

Copyright: This licence does not authorise any infringement of copyright in the matter received.”.

9.       Notwithstanding Regulation 5 (inserted by Regulation 4(a) of the Regulations of 1973) of the Principal Regulations, the reference in a receiving licence to the fee therefor in pounds may be deleted on or after 9 February 2002 and, except for such deletion, such a licence shall -

(a) in respect of apparatus for receiving sound and visual images, in colour and monochrome or in colour only, broadcast by a broadcasting station be in the form specified in the First Schedule (inserted by Regulation 7(2) of these Regulations) to the Principal Regulations, and

(b) in respect of apparatus for receiving sound and visual images, in monochrome only, broadcast by a broadcasting station be in the form specified in the Second Schedule (inserted by Regulation 8(2) of these Regulations) to the Principal Regulations.

10.       The Broadcasting (Receiving Licences) (Amendment) Regulations, 2001 ( S.I. No. 349 of 2001 ), are revoked.

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GIVEN under my Official Seal,

24th August, 2001.

Síle de Valera

Minister for Arts, Heritage, Gaeltacht and the Islands.

The Minister for Finance consents to the making of the foregoing Regulations.

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GIVEN under the Official Seal of the Minister for Finance,

23rd August, 2001.

Bertie Ahern

Minister for Finance.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation)

These Regulations increase from the 1st September, 2001 the television (monochrome only) licence fee from £52 to £66.50 (Euro 84.44) and the television (colour and monochrome) licence fee from £70 to £84.50 (Euro 107.29) and from the 1st January, 2002 the television (colour and monochrome) licence fee is Euro 107 and the television (monochrome only) licence fee is Euro 84 and also provide a revised rebate where a television (monochrome only) licence is surrendered in certain circumstances. The Regulations revoke the Broadcasting (Receiving Licences)(Amendment) Regulations, 2001 ( S.I. No. 349 of 2001 ).