STATUTORY INSTRUMENTS.

S.I. No. 496 of 2004 .

TELEVISION LICENCES (FREE LICENCES) REGULATIONS 2004.

S.I. No. 496 of 2004 .

TELEVISION LICENCES (FREE LICENCES) REGULATIONS 2004.

I, DERMOT AHERN, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 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 Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 307 of 2002 )), hereby make the following regulations:

1. These Regulations may be cited as the Television Licences (Free Licences) Regulations 2004.

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

3. In these Regulations--

“free 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, who is entitled to a free television licence under the scheme, to keep and have possession of a television set in any specified place in the State;

“licence” means a free television licence;

“Minister” means the Minister for Communications, Marine and Natural Resources;

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

“television set” has the meaning assigned to it by the Wireless Telegraphy Act 1972 (No. 5 of 1972).

4. Licences under the scheme shall be issued by the Department of Social and Family Affairs on behalf of the Minister in the form set out in the Schedule to these Regulations or a form to like effect.

5. A licence continues in force until--

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

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

6. The Minister or the Department of Social and Family Affairs on behalf of the Minister may amend any licence in such manner as appears to be proper in the circumstances and, in particular, may change the description of the premises to which the licence relates.

7. A licence does not apply to or authorise the keeping or having 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.

8. The holder of a licence shall observe the following conditions, and the licence is deemed to have been granted subject to these conditions, that is to say--

(a) any television set kept under the licence shall not be used at the premises to which the licence relates, for commercial purposes or in connection with a business;

(b) the holder shall 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 times, premises to which the licence relates and to inspect any apparatus for wireless telegraphy there in the premises and the licence;

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

(d) the holder shall not divulge or allow to be divulged to any person (other than a duly authorised officer of the Minister or another Minister of the Government, An Post or a competent legal tribunal) or make any use whatsoever of any communication (other than matter broadcast for general public reception) received by means of a television set under the licence;

(e) whenever the holder changes permanently his or her postal address he or she shall forthwith give notice of the change (with full particulars of his or her new postal address) to the Department of Social and Family Affairs.

9. 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 or suspend 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.

10. The Television Licences Regulations 2003 ( S.I. No. 720 of 2003 ) do not apply to a licence.

SCHEDULE

Regulation 4

Wireless Telegraphy Act 1926

Section 5

Free Television Licence under Household Benefits Package

The Minister for Communications, Marine and Natural Resources grants this licence to the above named person, subject to the holder observing the conditions contained in Regulation 8 of the Television Licences (Free licences) Regulations ( S.I. No. 496 of 2004 ), to keep and have possession of a television set or television sets at the premises mentioned below

Issued by the Department of Social and Family Affairs on behalf of the Minister for Communications, Marine and Natural Resources.

The following note will appear on the back of or below the licence:

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

Validity of licence: This licence ceases to be valid--

(a) on the death of the licence holder (i.e. the person named in the licence),

or

(b) if the licence holder ceases to be entitled to a free television licence under Household Benefits Package.

It is a condition of this licence that any television set kept under it is not to be used at the premises mentioned in the licence for commercial purposes or in connection with a business.

EXPLANATORY NOTE

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

These regulations allow the Department of Social and Family Affairs to issue a free television licence to a person who qualifies for a free television licence under that Department's Household Benefits Package.