Statutory Instruments

S.I. No. 349 of 2001

Broadcasting (Receiving Licences) (Amendment) Regulations, 2001

Dublin :

Published By The Stationery Office

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S.I. No. 349 of 2001

BROADCASTING (RECEIVING LICENCES) (AMENDMENT) 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) Regulations, 2001.

(2)      The Broadcasting (Receiving Licences) Regulations, 1961 to 1996, and these Regulations may be cited together as the Broadcasting (Receiving Licences) Regulations, 1961 to 2001.

(3)      These Regulations shall come into operation on the 1^st day of 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.       The Principal Regulations are amended by the substitution of the following Regulation for Regulation 5A (inserted by the Regulations of 1996):

“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 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 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) Regulations, 2001 ( S.I. No. 349 of 2001 ).”

5.       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 “one hundred and seven euro (eighty four pounds and fifty pence)” for “seventy pounds” and the substitution of “eighty four euro (sixty six pounds and fifty pence)” for “fifty two pounds”.

6.       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 sixty six euro (fifty two pounds) was paid, one twelfth of sixty six euro (fifty two pounds),

(b)      in the case of a licence for which a fee of eighty four euro (sixty six pounds and fifty pence) was paid, one twelfth of eighty four euro (sixty six pounds and fifty pence,

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 substituted for the First Schedule (inserted by Regulation 7 of the Regulations of 1996) to the Principal Regulations:

“FIRST SCHEDULE

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...................................

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

The following note will appear at back of licence:-

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

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

“SECOND SCHEDULE

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...................................

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

The following note will appear at back of licence:-

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

The Minister for Finance consents to making the foregoing Regulations.

EXPLANATORY NOTE

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

These Regulations increase the television (monochrome only) licence fee from £52 to £66.50 and the television (colour and monochrome) licence fee from £70 to £84. 50 and also provide for a revised rate of rebate where a television (monochrome only) licence is surrendered in certain circumstances.