Can the Secretary of State exempt people over 75 requiring a TV licence under section 363 of the UK&#39;s Communications Act 2003?
<p>Can the Secretary of State exempt people over 75 requiring a TV licence under section 363 of the UK's Communications Act 2003?</p>
<p>I don't have any legal background but below is an extract from Communications Act 2003 at section 363 (the link has more readable formatting).</p>
<p><a href="https://www.legislation.gov.uk/ukpga/2003/21/section/363" rel="nofollow noreferrer">https://www.legislation.gov.uk/ukpga/2003/21/section/363</a></p>
<blockquote>
<p>Communcitaion act 2003</p>
<p>363 Licence required for use of TV receiver</p>
<p>(1)A television receiver must not be installed or used unless the installation and use of the receiver is authorised by a licence under this Part.</p>
<p>(2)A person who installs or uses a television receiver in contravention of subsection (1) is guilty of an offence.</p>
<p>(3)A person with a television receiver in his possession or under his control who—</p>
<p>(a)intends to install or use it in contravention of subsection (1), or</p>
<p>(b)knows, or has reasonable grounds for believing, that another person intends to install or use it in contravention of that subsection,</p>
<p>is guilty of an offence.</p>
<p>(4)A person guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.</p>
<p>(5)Subsection (1) is not contravened by anything done in the course of the business of a dealer in television receivers solely for one or more of the following purposes—</p>
<p>(a)installing a television receiver on delivery;</p>
<p>(b)demonstrating, testing or repairing a television receiver.</p>
<p>(6)The Secretary of State may by regulations exempt from the requirement of a licence under subsection (1) the installation or use of television receivers—</p>
<p>(a)of such descriptions,</p>
<p>(b)by such persons,</p>
<p>(c)in such circumstances, and</p>
<p>(d)for such purposes,</p>
<p>as may be provided for in the regulations.</p>
<p>(7)Regulations under subsection (6) may make any exemption for which such regulations provide subject to compliance with such conditions as may be specified in the regulations.</p>
</blockquote>

<p><strong>Can the Secretary of State exempt people over 75 requiring a TV licence?</strong></p>
<p>Yes.</p>
<p>s.363(6) introduces the power to exempt those listed at (a) to (d) by way of Regulations.</p>
<p>s.6, paragraph 1 of the <em>Communications (Television Licensing) Regulations 2004</em> states:</p>
<blockquote>
<p>No fee shall be payable for a TV licence of a type referred to in the
first or second entry in column 1 of the table in Schedule 1 where—</p>
<p>(a) the licence is issued to a person aged 75 years or more or to a
person who will attain that age in the calendar month in which the
licence is issued; and</p>
<p>(b) the single place, vehicle, vessel or caravan specified in the
licence is the sole or main residence of that person.</p>
<p><a href="https://www.legislation.gov.uk/uksi/2004/692/regulation/6?timeline=false" rel="nofollow noreferrer">https://www.legislation.gov.uk/uksi/2004/692/regulation/6?timeline=false</a></p>
</blockquote>
<p>The first and second entries in column 1 at Schedule 1 refer to black and white or colour TVs in a domestic setting or business purposes.
<a href="https://www.legislation.gov.uk/uksi/2004/692/schedule/1?timeline=false" rel="nofollow noreferrer">https://www.legislation.gov.uk/uksi/2004/692/schedule/1?timeline=false</a></p>

<p><strong>How did the BBC change it to require only those on universal credit and over 75 be exempt?</strong></p>
<p>The BBC used the provisions at s.365A(1) of the Act to make a determination:</p>
<blockquote>
<p>For the purposes of section 365(1A) the BBC may determine that a
concession in specified terms is to apply.</p>
<p><a href="https://www.legislation.gov.uk/ukpga/2003/21/section/365A?timeline=false" rel="nofollow noreferrer">https://www.legislation.gov.uk/ukpga/2003/21/section/365A?timeline=false</a></p>
</blockquote>
<p>The BBC website says this about that determination:</p>
<blockquote>
<p>Following a public consultation, the BBC Board has decided that from
August 2020 any household with someone aged over 75 who receives
Pension Credit will be entitled to a free TV licence paid for by the
BBC.Currently all households with people over 75 are entitled to a
free TV licence. That Government-funded scheme - which is expected to
cost £745m by 2021/22 - comes to an end in 2020. The BBC was given
responsibility – through legislation - for deciding on any future
scheme and to pay for it.
<a href="https://www.bbc.com/aboutthebbc/reports/consultation/age-related-tv-licence-policy#consultationresponsesandsupportingevidence" rel="nofollow noreferrer">https://www.bbc.com/aboutthebbc/reports/consultation/age-related-tv-licence-policy#consultationresponsesandsupportingevidence</a></p>
</blockquote>

<p><strong>Do Regulations need to go back and forth through the Houses of Commons and Lords?</strong></p>
<p>No, the power to create secondary legislation (such as Regulations) is delegated to a person or body properly authorised by primary legislation (ie Acts of Parliament).</p>

united-kingdom licensing