S.I. No. 608/2002 - Television Licences Regulations 2002

I, Dermot Ahern, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 6 (1) of the Wireless Telegraphy Act 1926 (No. 45 of 1926) and the Broadcasting (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 299 of 2002 ) (as adapted by the Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 307 of 2002 )), and so far as the following regulations relate to fees, with the consent of the Minister for Finance, hereby make the following regulations:

1.       (1)      These Regulations may be cited as the Television Licences Regulations 2002.

(2)      These Regulations come into operation on 1 January 2003.

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

3.       (1)      In these Regulations -

“direct debit” means payment to An Post by an arrangement between a licence holder and An Post through debiting an account held by the licence holder with a credit institution (within the meaning of the Consumer Credit Act 1995 (No. 24 of 1995));

“licence” means a television licence;

“licence fee” means the licence fee prescribed under Regulation 7;

“Minister” means Minister for Communications, Marine and Natural Resources;

“receiving licence” means a receiving licence (within the meaning of the Broadcasting (Receiving Licences) Regulations 1961 to 2001) granted before the commencement of these Regulations which is valid after such commencement;

“television licence” means a licence granted by the Minister under section 5 of the Wireless Telegraphy Act 1926 (No. 45 of 1926) to a person to keep and have possession of a television set (within the meaning of the Wireless Telegraphy Act 1972 ) in any specified place in the State or in any specified vehicle, ship or aircraft.

(2)      In these Regulations -

(a)      a reference to a Regulation or a Schedule is to a Regulation of, or Schedule to, these Regulations, unless it is indicated that reference to some other Regulations is intended,

(b)      a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

4.       Licences shall be issued through An Post - the Post Office on behalf of the Minister and shall be attainable from An Post or any Post Office on application and payment of the fee (if any) prescribed by Regulation 7.

5.       A licence in respect of a television set shall be in the form set out in the Schedule and different forms may be used in respect of the different alternatives mentioned in the Schedule.

6.       A licence does not entitle the holder to receive broadcast matter from any relay service system or communal aerial system which has not been authorised to operate by the Minister.

7.       (1)      Subject to paragraph (3), a fee of €150 shall be paid on the grant or renewal of a licence.

(2)      A fee payable under paragraph (1) shall be paid to An Post or if obtained in a Post Office in the Post Office in which the licence is obtained. The fee may be paid in cash or by cheque, postal money order, direct debit or such other means as An Post decides.

(3)      The fee prescribed in paragraph (1) shall not be charged to or paid by a person who is entitled to a free licence under the scheme administered by the Minister for Social and Family Affairs known as Household Benefits Package.

(4)      The grant of a licence does not authorise the licence holder to charge a fee to the public in respect of the enjoyment of the use of the television set for which the licence is granted.

8.       (1)      Every licence (not being a licence granted by way of renewal) comes into force on the day on which it was granted and, unless sooner revoked by the Minister under Regulation 13, continues in force until the end of the eleventh month after the month in which it was granted.

(2)      Every licence, granted by way of renewal of a previous licence or receiving licence, comes into force at whichever of the following times is the later, that is to say, the expiration of the previous licence or receiving licence or the grant of the renewal licence, and in every case, unless sooner revoked by the Minister under Regulation 13, continues in force from the time at which it so commences until the end of one year from the expiration of the previous licence.

(3)      A licence is deemed to be granted by way of renewal of a previous licence or receiving licence where the licence -

(a)      is granted to a person to whom the previous licence or receiving licence was granted,

(b)      relates to the same specified place, ship or aircraft to which the previous licence or receiving licence related, and

(c)      is granted within one month before or within 12 months after the expiration of the previous licence or receiving licence.

(4)      A licence or receiving licence granted to a person to whom Regulation 7(3 applies expires -

(a)      on the death of that person, or

(b)      where the person is no longer entitled to a television licence under the scheme referred to in Regulation 7(3).

9.       On being requested in writing by the Minister so to do the holder of a licence shall forward the licence to such officer of the Minister designated by the Minister.

10.      The Minister, or An Post on behalf of the Minister, may amend any licence in such manner as appears to him or her or An Post to be proper in the circumstances and, in particular, may change the description of the place, vehicle, ship or aircraft to which it relates or (for the purpose of correction) a date to which it relates.

11.      A licence does not apply to or authorise the keeping or having possession of any apparatus for wireless telegraphy which is used or is capable of being used for sending or broadcasting sound or messages, or signals or visual images of any kind.

12.      The holder of a licence shall observe the following conditions, and the licence is deemed to have been granted subject to those conditions, that is to say:

(a)      the holder shall permit an officer of the Minister or An Post authorised in that behalf by the Minister or An Post, as the case may be, to enter at all reasonable hours the place, ship, vehicle or aircraft (as the case may be) to which the licence relates and there to inspect all apparatus for wireless telegraphy then in such place, ship, vehicle or aircraft;

(b)      the holder shall not work or use any television set kept under the licence in such manner that emission of electro-magnetic energy therefrom interferes with the working of or otherwise injuriously affects any apparatus for wireless telegraphy lawfully kept or worked by any other person;

(c)      the holder shall not divulge or allow to be divulged to any person (other than a duly authorised officer of the Minister or another Minister of the Government, An Post or a competent legal tribunal) or make any use whatsoever of any communication (other than matter broadcast for general public reception) received by means of a television set under the licence;

(d)      whenever the holder changes permanently his or her postal address he or she shall forthwith give notice of the change (with full particulars of his or her new postal address) to the postmaster of the Post Office at which the licence was obtained or An Post, if it was obtained directly from An Post;

(e)      the licence shall be open to inspection at all reasonable times by officers of the Minister;

(f)      where the licence fee is being paid by the holder in installment payments, the holder pays the amount of each installment by the date due for payment.

13.     (1)      Whenever the Minister or An Post is satisfied that the holder of a licence has failed to observe any of the conditions subject to which the licence was granted or has done in respect of a television set kept under the licence, any act (whether of commission or omission) which is a contravention of the Wireless Telegraphy Acts 1926 to 1988 or of these Regulations, the Minister or An Post may revoke the licence in whole or in part by notice in writing sent by post to the holder of the licence at the place to which the licence relates or the postal address of the holder or both.

(2)      In addition to the power of revocation conferred by paragraph (1), the Minister or An Post may at any time -

(a)      revoke any particular licence in whole or in part by notice in writing sent by post to the holder thereof, in the case of a licence relating to a place which is not a vehicle, at the place to which the licence relates or in any other case, at his or her postal address as stated in the licence or notified by him or her under Regulation 12(d),

(b)      by notice published in Iris Oifigiúil, revoke in whole or in part all licences for the time being in force or all such licences relating to places, ships and aircraft within a specified district or area.

(3)      The revocation of a licence under this Regulation does not operate to entitle the holder of the licence to a refund of the fee or any part of the fee paid by him or her on the grant of the licence.

14.      Notwithstanding the revocation of the Broadcasting (Receiving Licences) Regulations 1961 to 2001, those Regulations, other than Regulation 8(4) or 11(2) of the Broadcasting (Receiving Licences) Regulations 1961 ( S.I. No. 279 of 1961 ), continue to apply to receiving licences.

15.      The following are revoked:

(a)        the Broadcasting (Receiving Licences) Regulations 1961 ( S.I. No. 279 of 1961 ),

(b)        the Broadcasting (Receiving Licences) (Amendment) Regulations 1963 ( S.I. No. 199 of 1963 ),

(c)        the Broadcasting (Receiving Licences) (Amendment) Regulations 1970 ( S.I. No. 141 of 1970 ),

(d)        the Broadcasting (Receiving Licences) (Amendment) Regulations 1971 ( S.I. No. 241 of 1971 ),

(e)        the Broadcasting (Receiving Licences) (Amendment) Regulations 1972 ( S.I. No. 210 of 1972 ),

(f)         the Broadcasting (Receiving Licences) (Amendment) Regulations 1973 ( S.I. No. 274 of 1973 ),

(g)        the Broadcasting (Receiving Licences) (Amendment) Regulations 1974 ( S.I. No. 270 of 1974 ),

(h)        the Broadcasting (Receiving Licences) (Amendment) Regulations 1976 ( S.I. No. 4 of 1976 ),

(i)         the Broadcasting (Receiving Licences) (Amendment) Regulations 1977 ( S.I. No. 76 of 1977 ),

(j)         the Broadcasting (Receiving Licences) (Amendment) Regulations 1978 ( S.I. No. 319 of 1978 ),

(k)        the Broadcasting (Receiving Licences) (Amendment) Regulations 1980 ( S.I. No. 359 of 1980 ),

(l)         the Broadcasting (Receiving Licences) (Amendment) Regulations 1983 ( S.I. No. 83 of 1983 ),

(m)       the Broadcasting (Receiving Licences) (Amendment) Regulations 1984 ( S.I. No. 248 of 1984 ),

(n)        the Broadcasting (Receiving Licences) (Amendment) Regulations 1986 ( S.I. No. 37 of 1986 ),

(o)        the Broadcasting (Receiving Licences) (Amendment) Regulations 1996 ( S.I. No. 249 of 1996 ), and

(p)        the Broadcasting (Receiving Licences) (Amendment) (No. 2 Regulations 2001 ( S.I. No. 396 of 2001 ).

SCHEDULE

Regulation 5

The Minister for Communications, Marine and Natural Resources grants this licence to the above named person, subject to the holder observing the conditions contained in Regulation 12 of the Television Licences Regulations ( S.I. No. 608 of 2002 ), to keep and have possession of a television set or television sets at the premises^* mentioned above^* in the vehicle^* in the ship^* mentioned below^* :

During the period specified below:

Issued by An Post on behalf of the Minister for Communications, Marine and Natural Resources.

The following note will appear on the back of the licence:

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

The following note should be included on the form if licence is paid by direct debit.

Note:                 If you are paying for this licence by direct debit installments, you must and it is a condition of this licence that you pay each installment by the date due for the installment.

The Minister for Finance consents to the making of the foregoing Regulations in so far as they relate to fees.

Explanatory Note

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

These Regulations revise the Broadcasting (Receiving Licences) Regulations 1961 to 2001. They provide for one licence (known as a television licence) for any television set, kept in a place specified in the licence instead of the previous two receiving licences, one in respect of a colour receiving television set and the other in respect of a black and white receiving television set.

The licence fee is increased from 1 January 2003 to €150 for a television licence. The Regulations set out the period for which a licence is in force and the terms and conditions to be observed by a licence holder. They also provide for methods of paying the licence fee.

The previous Regulations, other than the expiration of a free television licence and allowing the temporary removal of a television set to another premises, still apply to receiving licences which have been granted before 1 January 2003 and are still valid.

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^*** e.g. from 1 January 2003 to 31 December 2003.