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EXPLANATORY MEMORANDUM TO

THE COMMUNICATIONS (TELEVISION LICENSING) (AMENDMENT)

REGULATIONS 2016

2016 No. 704

1. Introduction

1.1 This explanatory memorandum has been prepared by the Department for Culture,

programmes, a TV licence is required to stream or download any programmes in an

on-demand programme service provided by the BBC (such as the iPlayer).

2.3 These Regulations also contain amendments requested by the Government of the Isle

of Man and the States of Guernsey which concern how the TV licence fee concessions

set out in the 2004 Regulations apply in the Isle of Man and to the Bailiwick of

Guernsey.

3. Matters of special interest to Parliament

Matters of special interest to the Joint Committee on Statutory Instruments

3.1 None.

Other matters of interest to the House of Commons

programme services is set out in Part 4A of the Act.

4.2 The Isle of Man, the Bailiwick of Jersey and the Bailiwick of Guernsey are Crown

Dependencies. This means that they are not part of the United Kingdom but are self-

governing dependencies of the Crown, with their own directly elected legislative

assemblies, administrative, fiscal and legal systems and their own courts of law.

4.3 The majority of legislation in the Crown Dependencies is enacted at domestic level. In

some cases, however, with the prior agreement of the Crown Dependencies, Acts of

Parliament include what is known as a “permissive extent provision” which allows an

Act to be extended to the Crown Dependencies, in whole or part, with any necessary

modifications, by Order in Council. Such extension also only occurs with the prior

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extends to the Crown Dependencies. In particular, Part 4 of the Act has been extended

in this way and the 2004 Regulations, made under this Part, also therefore extend to

the Crown Dependencies.

BBC On-Demand Programme Services

4.5 Section 363 of the Act states that it is an offence to install or use a TV receiver if this

has not been authorised by a TV licence. Section 368 of the Act defines a TV receiver

as apparatus of a description specified in regulations by the Secretary of State. The

2004 Regulations define a TV receiver as apparatus installed or used to receive any

television programme service (referred to as linear TV).

4.6 These Regulations are made in exercise of the Secretary of State’s powers under

programme included in an on-demand programme service which is provided

by the BBC.

TV licence fee concessions

4.7 The television licensing framework set out in the Act requires persons in possession of

a television receiver to pay a fee and obtain a television licence in order to use the

television receiver. The legislation also provides for a number of concessions in

respect of the fees payable. The residents of the Isle of Man and the States of

Guernsey (excluding Sark) are required to pay the television licence fee in the same

way as residents of the United Kingdom.

4.8 The amendments included in these Regulations concern how the TV licensing

and the Isle of Man.

5.2 The territorial application of this instrument is the whole of the United Kingdom and,

by virtue of the Orders cited in the preamble to the Regulations, the Channel Islands

and the Isle of Man.

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6. European Convention on Human Rights

6.1 The Secretary of State for Culture, Media and Sport, The Rt Hon John Whittingdale

MP, has made the following statement regarding Human Rights:

In my view the provisions of the Communications (Television Licensing)

(Amendment) Regulations 2016 are compatible with the Convention rights.

7. Policy background

What is being done and why

BBC iPlayer or other catch-up services) at a different time to the broadcast (or

provided as online only), there is no need for a TV licence. This is referred to as non-

linear television.

7.2 The policy principle underpinning licensing is that at present everybody in the UK

who watches or records linear TV on any device should be required to have a TV

licence and pay the licence fee. However, under current legislation, as viewing habits

shift away from linear TV, and numerous new ways of watching television content

develop, viewers subject to licensing for watching or recording TV as it is being

shown will increasingly foot the bill for content that many more enjoy without any

payment, by viewing it through on-demand services only. The current legislation

broadcasters. However, a TV licence is not required to stream or download

programmes or on-demand programme services provided by the BBC’s commercial

subsidiaries such as BBC Store and BBC Worldwide. Nor is a licence required to

stream or download BBC programmes on any on-demand programme service not

provided by the BBC, such as Netflix or Amazon Prime Instant Video.

7.4 A person will now be required to be covered by a TV licence to receive (i.e. stream or

download) a programme or part of a programme in any on-demand programme

service which is provided by the BBC. In particular, for example, anyone who streams

or downloads any part of a BBC programme from BBC iPlayer, on any device, is now

required to be covered by a TV licence. This includes all the ways by which BBC

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7.6 Issues of social policy and social benefits in the Isle of Man or in the Bailiwick of

Guernsey are matters for their respective governments and the Secretary of State for

Culture, Media and Sport has approved the proposed amendments. The Department

has therefore progressed the amendment of the 2004 Regulations on behalf of the Isle

of Man Government and the States of Guernsey as requested.

7.7 The 2004 Regulations have also been consequentially amended in respect of fees for

interim TV licences. An interim licence is a television licences issued to a person who

has attained the age of 74 years before the due date, but which expires the month

before the month in which that person attains the age of 75. The opportunity has also

been taken to update certain references to Isle of Man Government departments and

legislation in the 2004 Regulations.

TV licence fee concessions - Isle of Man

7.8 In February 2015, as part of the Isle of Man Government’s annual Budget presented to

existing Isle of Man Government scheme.

TV licence fee concessions - the Bailiwick of Guernsey

7.10 In March 2015, following a review of tax and personal benefits undertaken by the

Guernsey government, the States of Deliberation agreed some high level principles,

including a reduction of expenditure on universal benefits. The States further agreed

that the provision of free TV licences should be phased out by closing the scheme to

new members in 2016 and closing the scheme to all by 2020. In October 2015, the

States of Deliberation considered a report recommending the social security benefit

and contribution rates for 2016 and agreed, at this stage, to close the scheme which

provided free TV licences for persons aged 75 or over.

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8. Consultation outcome

8.1 The Government’s Green Paper on BBC Charter Review published in July 2015 asked

how the licence fee could be modernised to take into account closing the ‘iPlayer