Age-related TV Licence Fee Concession (No. 2) Scheme 2020
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SD No. 2020/0589
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AGE-RELATED TV LICENCE FEE CONCESSION (NO.
2) SCHEME 2020
Index
Paragraph Page
1 Title ................................................................................................................................... 3
2 Commencement .............................................................................................................. 3
3 Expiry ............................................................................................................................... 3
4 Interpretation ................................................................................................................... 3
5 Payments to be made by the Treasury to the BBC ..................................................... 4
6 Finance ............................................................................................................................. 5
7 Information ...................................................................................................................... 5
8 Revocation ....................................................................................................................... 5
SCHEDULE 7
DISCLOSURE OF INFORMATION BY THE TREASURY TO THE BBC 7
Age-related TV Licence Fee Concession (No. 2) Scheme 2020
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Statutory Document No. 2020/0589
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Financial Provisions and Currency Act 2011
AGE-RELATED TV LICENCE FEE CONCESSION (NO.
2) SCHEME 2020
Approved by Tynwald:
Coming into operation in accordance with paragraph 2
The Treasury makes the following Scheme under section 3 of the Financial Provisions
and Currency Act 2011.
1 Title
This Scheme is the Age-related TV Licence Fee Concession (No. 2) Scheme 2020.
2 Commencement
If approved by Tynwald, this Scheme comes into operation on 1 January 2021
1
.
3 Expiry
(1) This Scheme expires on 31 December 2021.
(2) But the Treasury may amend the date specified in sub-paragraph (1) by
giving notice of doing so published by the Treasury, in such manner as the
Treasury considers appropriate, and laying that notice before Tynwald.
4 Interpretation
(1) In this Scheme —
“the 2003 Act” means the Communications Act 2003 (of Parliament) as extended
to the Island
2
;
“the 2004 Regulations” means the Communications (Television Licensing)
Regulations 2004
3
;
1
Under section 3(7) of the Financial Provisions and Currency Act 2011 this Scheme must not
come into operation unless approved by Tynwald.
2
Under the Communications (Isle of Man) Order 2003 (SI 2003/3198) certain provisions of the
Communications Act 2003 are extended to the Island with modifications.
3
SI 2004/692. Most provisions of the Communications (Television Licensing) Regulations 2004
extend to the Island.
Paragraph 5
Age-related TV Licence Fee Concession (No. 2) Scheme 2020
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“the BBC” means the British Broadcasting Corporation;
“black and white TV licence” means a TV licence of a type referred to in the first
entry in column 1 of the table in Schedule 1 to the 2004 Regulations and
“black and white TV licence fee” means the amount specified in column
3 of that table as the issue fee in respect of a black and white TV licence;
“colour TV licence” means a TV licence of a type referred to in the second entry
in column 1 of the table in Schedule 1 to the 2004 Regulations and “colour
TV licence fee” means the amount specified in column 3 of that table as
the issue fee in respect of a colour TV licence;
“the Determination” means the Determination made by the BBC on 15 October
2020 under section 365A
4
of the 2003 Act and any subsequent
determination made by the BBC amending or replacing that
Determination which has the same or a similar purpose;
“the issue date”, in relation to any TV licence, means the date on which the
licence is issued;
“the specified place”, in relation to a TV licence, means the place, vehicle, vessel
or caravan specified (or to be specified) in the licence; and
“TV licence” means a licence for the purposes of section 363 of the 2003 Act
authorising the installation and use of a television receiver.
(2) In this Scheme any reference to —
(a) the issue of a TV licence includes a reference to its renewal;
(b) a person’s residence includes a reference to any place provided for
that person’s private occupation.
(3) Reference in this Scheme to any other Manx legislation or any other
legislation which extends to the Island is to that legislation as in operation
from time to time.
5 Payments to be made by the Treasury to the BBC
(1) This sub-paragraph applies if —
(a) a black and white TV licence or a colour TV licence is issued to a
person (“P”) who —
(i) is aged 75 years or more; or
(ii) will attain that age in the calendar month in which the
licence is issued;
(b) in that licence, the specified place —
(i) is situated in the Isle of Man; and
4
Section 365A of the Communications Act 2003 was inserted by section 89 of the Digital
Economy Act 2017 (of Parliament). Under the Communications (Isle of Man) Order 2020 (SI
2020/149) the amendments made by section 89 of the Digital Economy Act 2017 extend to the
Isle of Man.
Age-related TV Licence Fee Concession (No. 2) Scheme 2020
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(ii) is the sole or main residence of P; and
(c) the BBC is satisfied that, on the issue date, the condition set out in
paragraph 4 of the Determination (Condition A) does not apply in
P’s case.
(2) If sub-paragraph (1) applies the Treasury must pay to the BBC a sum equal
to the black and white TV licence fee or the colour TV licence fee (as the
case may require) payable on the issue of the TV licence referred to in that
sub-paragraph.
6 Finance
Any payments under this Scheme, and any other expenses attributable to this
Scheme, are to be paid out of money provided by Tynwald.
7 Information
The Schedule (disclosure of information by the Treasury to the BBC) has effect.
8 Revocation
The Age-related TV Licence Fee Concession Scheme 2020
5
is revoked.
MADE 11
TH
DECEMBER 2020
A L CANNAN
Minister for the Treasury
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SD 2020/0545.
Age-related TV Licence Fee Concession (No. 2) Scheme 2020
SCHEDULE
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SCHEDULE
[Paragraph 7]
DISCLOSURE OF INFORMATION BY THE TREASURY TO THE BBC
1 Disclosure of relevant information by the Treasury to the BBC for the
operation of the over 75s concession, etc.
(1) Despite any other restriction on the disclosure of information imposed by
any enactment or otherwise, the Treasury may disclose to the BBC or its
agents any relevant information about a person (P) who —
(a) has attained the age of 75 years; or
(b) will attain the age of 75 years in the calendar month in which a
black and white TV licence or a colour TV licence is issued to P,
for the purposes specified in sub-paragraph (2).
(2) The purposes are for —
(a) facilitating the operation of the over 75s concession under any
provision of the Determination or under any Agreement; and
(b) enabling the BBC or the Treasury to carry out any function in
pursuance of paragraph (a).
(3) Information obtained pursuant to sub-paragraph (1)—
(a) must not be disclosed to any person other than an employee of the
BBC or its agents; and
(b) may be disclosed only for the purposes specified in sub-paragraph
(2).
(4) In sub-paragraph (1) “relevant information” means (as the case may be)—
(a) P’s title;
(b) P’s full name;
(c) either —
(i) P’s full postal address (including postcode); or
(ii) if P is a resident, whether P is a resident;
(d) P’s date of birth;
(e) whether P is, or is not, receiving income support; and
(f) whether P has been paid a TV licence payment under the TV
Licence Payment Order 2016
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on a date after P’s 74
th
birthday.
66
SD 2016/0320.
SCHEDULE
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2 Interpretation
In this Schedule —
“Agreement” means any Agreement made between the Treasury and the BBC
(“the parties”) which supplements or supports, or otherwise operates in
conjunction with, the Determination and any subsequent agreement made
between the parties amending or replacing that agreement which has the
same or a similar purpose;
“income support” means income support under section 124 of the Social Security
Contributions and Benefits Act 1992
7
as it is applied to the Island
8
;
“over 75s concession” means the concession set out in paragraphs 3 to 5 of the
Determination; and
“resident” has the meaning given in paragraph 3 of Schedule 4 to the 2004
Regulations.
7
1992 c.4.
8
See SD 505/94.
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EXPLANATORY NOTE
(This note is not part of the Scheme)
This Scheme provides for the making of payments by the Treasury to the BBC to meet
the cost to the BBC of issuing free TV licences to persons who are aged 75 years or over
(or who will reach that age in the month in which the licence is issued) in the Isle of Man
who are not receiving income support further to the “over 75s concession” in the
Determination made by the BBC under section 365A of the Communications Act 2003
(of Parliament) as extended to the Island.
The Scheme comes into operation on 1 January 2021 and expires on 31 December 2021
subject to the Treasury’s power to amend that expiry date by way of published notice,
laid before Tynwald.
Until 1 January 2021 the BBC met the cost of issuing free TV licences to all persons in the
Isle of Man aged 75 years or over in respect of their sole or main residence (except for
persons living in certain residential care accommodation). From 1 January 2021 the BBC
will only do so for persons who are receiving income support.
The Scheme includes in the Schedule provision enabling the Treasury to provide the BBC
and its agents with relevant information about certain persons to facilitate the operation
of the over 75s concession and to enable the BBC or the Treasury to carry out any related
function.
The Scheme also revokes the Age-related TV Licence Fee Concession Scheme 2020
9
,
which this Scheme replaces.
9
SD 2020/0545.