S.I. No. 851/2007 - Television Licences Regulations 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th January, 2008.

I, EAMON RYAN, Minister for Communications, Energy and Natural Resources, in exercise of the powers conferred on me by sections 5 and 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 Communications, Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2007 ( S.I. No. 706 of 2007 )), and in 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 2007.

(2) These Regulations come into operation on 1 January 2008.

2. 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));

“free licence” means a licence under the scheme administered by the Minister for Social and Family Affairs known as Household Benefits Package;

“licence” means a television licence;

“licence fee” means the fee prescribed under Regulation 6 for the grant or renewal of a licence;

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

“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 a specified place in the State or in a specified vehicle, ship or aircraft.

3. 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 6.

4. A licence 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.

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

6. (1) Subject to paragraph (3), a fee of €160 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, by means of electronic mail or such other means as An Post decides.

(3) The fee prescribed in paragraph (1) shall not be charged to a person who is entitled to a free licence.

7. (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 11, 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, comes into force at whichever of the following times is the later, that is to say, the expiration of the previous licence or the grant of the renewal licence, and in every case, unless sooner revoked by the Minister under Regulation 11, 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 where the licence—

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

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

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

(4) A free licence expires—

(a) on the death of the licence holder, or

(b) where the holder is no longer entitled to a free licence.

8. 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 purposes of correction) a date to which it relates.

9. A licence does not authorise the licence holder to—

(a) keep or have 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, or

(b) charge a fee to the public in respect of the enjoyment of the use of the television set for which the licence is granted.

10. 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—

(i) 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 to which the licence relates and there to inspect all apparatus for wireless telegraphy then in such place, ship, vehicle or aircraft, and

(ii) produce the licence for inspection by the officer,

(b) the holder, on being requested in writing by the Minister or An Post, shall forward the licence to such officer of the Minister or An Post, as the case may be, mentioned in the request,

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

(d) whenever the holder changes permanently his or her postal address he or she shall, as soon as possible, 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) where the licence fee is being paid by the holder in instalment payments, the holder pays the amount of each instalment by the date due for payment.

11. (1) Whenever the Minister 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 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 may at any time—

(a) revoke any particular licence in whole or in part by notice in writing sent by post to the holder of the licence—

(i) at the place (not being a vehicle or aircraft) to which the licence relates, or

(ii) at his or her postal address as stated in the licence or notified by him or her under Regulation 10(d), or

(b) by notice published in the Iris Oifigiúil, revoke in whole or in part all licences for the time being in force or all such licences relating to places, vehicles, 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 licence fee or any part of the fee paid by him or her on the grant of the licence.

12. The Television Licences Regulations 2006 ( S.I. No. 404 of 2006 ) are revoked.

SCHEDULE

Regulation 4

Wireless Telegraphy Act 1926

Section 5

Television Licence

Original

Renewal*

Licence No. Fee **

Name in full

Postal address

in full

The Minister for Communications, Energy and Natural Resources grants this licence to the above named person, subject to the holder observing the conditions contained in Regulation 10 of the Television Licences Regulations 2007 (S.I. No. of 2007), to keep and have possession of a television set or television sets at the premises* mentioned above* in the vehicle bearing the vehicle registration number* in the ship/ aircraft ¹ *mentioned below*

1 In the case of a ship include the name of the ship and details of its registration and in the case of an aircraft include details of its type and identity.

Date — Stamp of

issuing office

from to ***

Issuing officer

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

*Delete inapplicable words

**Insert amount standing prescribed under section 6(1) of the Wireless Telegraph Act 1926.

***e.g. from 1 January 2008 to 31 December 2008.

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 instalments, you must and it is a condition of this licence that you pay each instalment by the date due for the instalment.

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

GIVEN under my Official Seal,

19 December 2007

BRIAN COWEN

Minister for Finance.

GIVEN under my Official Seal,

19 December 2007

EAMON RYAN

Minister for Communications, Energy and Natural Resources.

EXPLANATORY NOTE

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

The licence fee is increased from 1 January 2008 to €160 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.

They provide for one television licence for any television set, kept in a place specified in the licence.

1 In the case of a ship include the name of the ship and details of its registration and in the case of an aircraft include details of its type and identity.