S.I. No. 249/1996:

BROADCASTING (RECEIVING LICENCES) (AMENDMENT) REGULATIONS, 1996.

BROADCASTING (RECEIVING LICENCES) (AMENDMENT) REGULATIONS, 1996.

I, Michael D. Higgins, Minister for Arts, Culture and the Gaeltacht, in exercise of the powers conferred on me by section 6 (1) of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), as amended by the Wireless Telegraphy Act, 1956 (No. 4 of 1956), and section 3 of the Ministers and Secretaries (Amendment) Act, 1983 (No. 40 of 1983), the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1991 ( S.I. No. 26 of 1991 ), the Broadcasting (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 ( S.I. No. 13 of 1993 ), and the Gaeltacht (Alteration of name of Department and Title of Minister) Order, 1993 ( S.I. No. 22 of 1993 ), and with the consent of the Minister for Finance, hereby make the following Regulations:

1. (1) These Regulations may be cited as the Broadcasting (Receiving Licences) (Amendment) Regulations, 1996.

(2) The Broadcasting (Receiving Licences) Regulations, 1961 to 1986, and these Regulations may be cited together as the Broadcasting (Receiving Licences) Regulations, 1961 to 1996.

(3) These Regulations shall come into operation on the 1st day of September, 1996.

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

3. In these Regulations --

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

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

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

4. The Principal Regulations are hereby amended by the substitution of the following Regulation for Regulation 5A (inserted by the Regulations of 1986):

"5A. (1) Notwithstanding the provisions of Regulation 5 of these Regulations (inserted by the Broadcasting (Receiving Licences) (Amendment) Regulations, 1973 ( S.I. No. 274 of 1973 )), a receiving licence may, instead of being in the form set out in the First or Second Schedule hereto (inserted by the Regulations of 1996), be in the form set out in the First or Second Schedule hereto immediately prior to the making of the Regulations of 1996 provided the form is duly amended to indicate the relevant fee fixed by virtue of the Regulations of 1996, 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 1996" means the Broadcasting (Receiving Licences) (Amendment) Regulations, 1996 (S.I. No of 1996).".

5. Regulation 7(1) of the Principal Regulations (inserted by Regulation 4(b) of the Regulations of 1973), as amended by Regulation 5 of the Regulations of 1986, is hereby amended by the substitution of "seventy pounds" for "sixty two pounds" and the substitution of "fifty two pounds" for "forty four pounds".

6. Regulation 14 of the Principal Regulations (inserted by Regulation 4(d) of the Regulations of 1973), as amended by Regulation 6 of the Regulations of 1986 is hereby 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 forty four pounds was paid, one twelfth of forty four pounds,

( b ) in the case of a licence for which a fee of fifty two pounds was paid, one twelfth of fifty two pounds,

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. The following is hereby substituted for the First Schedule to the Principal Regulations (inserted by Regulation 7 of the Regulations of 1986):

"FIRST SCHEDULE

8. The following is hereby substituted for the Second Schedule to the Principal Regulations (inserted by Regulation 8 of the Regulations of 1986):

"SECOND SCHEDULE

Given under my Official Seal, this 6th day of August, 1996.

MICHAEL D. HIGGINS

Minister for Arts, Culture and the Gaeltacht.

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

Given under the Official Seal

of the Minister for Finance, this

6th day of August, 1996.

RUAIRÍ QUINN, TD

Minister for Finance.

EXPLANATORY NOTE

The Regulations increase the television (monochrome only) licence fee from £44 to £52 and increase the television (colour and monochrome) licence fee from £62 to £70 and also provide for a revised rate of rebate where a television (monochrome only) licence is surrendered in certain circumstances