S.I. No. 279/1961 - Broadcasting (Receiving Licences) Regulations, 1961.

S.I. No. 279 of 1961.

BROADCASTING (RECEIVING LICENCES) REGULATIONS, 1961.

I, MICHAEL HILLIARD, Minister for Posts and Telegraphs, an exercise of the powers conferred on me by subsection (1) of section 6 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), as amended by the Wireless Telegraphy Act, 1956 (No. 4 of 1956), and the Broadcasting Authority Act, 1960 (No. 10 of 1960), and, so far as these Regulations relate to fees, with the consent of the Minister for Finance, hereby make the following Regulations:—

1.—(1) These Regulations may be cited as the Broadcasting (Receiving Licences) Regulations, 1961.

(2) These Regulations shall come into force on the first day of January, 1962.

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

3. In these Regulations—

"the Minister" means the Minister for Posts and Telegraphs;

"the Act" means the Wireless Telegraphy Act, 1926 (No. 45 of 1926), as amended by the Wireless Telegraphy Act, 1956 (No. 4 of 1956), and the Broadcasting Authority Act, 1960 (No. 10 of 1960);

"wireless telegraphy", "apparatus for wireless telegraphy", "broadcast", "broadcast matter" and "broadcasting station" have the meanings assigned to them by the Act;

"receiving licence" means a licence granted by the Minister under section 5 of the act to a person to keep and have possession of, in any specified place in the State or in any specified ship or in any specified aircraft, an apparatus for wireless telegraphy for receiving only.

4.—(1) Receiving licences shall be granted through the Post Office and shall be obtainable at any Post Office on application and payment of the fee (if any) prescribed by these Regulations.

(2) The Minister may refuse to grant a receiving licence to any particular person or in respect of any particular place, ship or aircraft.

5.—(1) Every receiving licence in respect of apparatus for receiving sound and visual images broadcast by a broadcasting station shall be in the form set out in the First Schedule hereto.

(2) Every receiving licence in respect of apparatus for receiving sound but not visual images broadcast by a broadcasting station shall be in the form set out in the Second Schedule hereto.

6. A receiving licence shall not entitle the licensee to receive broadcast matter from any relay service system or communal aerial system which has not been authorised to operate under licence or permission granted by the Minister.

7.—(1) Save as is otherwise provided by this Regulation, a fee of four pounds shall be paid on the grant of a receiving licence in the form set out in the First Schedule hereto, and a fee of one pound shall be paid on the grant of a receiving licence in the form set out in the Second Schedule hereto, and every fee payable under this Regulation shall be paid in the Post Office in which the receiving licence is obtained, and shall be so paid in cash or by cheque, money order or postal order.

(2) No fee shall be charged or paid on the grant of a receiving licence in the form set out in, the Second Schedule hereto to a person who—

(a) is blind, and

(b) does not reside in a public or charitable institution, and

(c) is in receipt, as a blind person, of a pension under the Old Age Pensions Acts, 1908 to 1961, or is certified by a health authority (within the meaning of the Health Act, 1947 (No. 28 of 1947), as amended by section 9 of the Health Authorities Act, 1960 (No. 9 of 1960)) to be in receipt of assistance under a scheme made in pursuance of the Blind Persons Act, 1920, by the health authority, or is in receipt of an old age pension under the Old Age Pensions Acts, 1908 to 1961.

(3) The grant of a receiving licence shall not authorise the licensee to charge a fee to the public in respect of the enjoyment of the use of the apparatus for which the receiving licence is granted.

8.—(1) Every receiving licence (not being a licence granted by way of renewal) shall come into force on the day on which it was granted and shall, unless sooner revoked by the Minister under these Regulations, continue in force until the end of the eleventh month after the month in which it was granted.

(2) Every receiving licence granted by way of renewal of a previous receiving licence shall come into force at whichever of the following times is the later, that is to say, the expiration of the previous receiving licence or the grant of the renewal licence, and shall in every case, unless sooner revoked by the Minister under these Regulations, continue in force from the time at which it so commences until the end of one year from the expiration of the previous receiving licence.

(3) A receiving licence shall be deemed to be granted by way of renewal of a previous receiving licence where the receiving licence—

(a) is granted to the person to whom the previous receiving licence was granted, and

(b) relates to the same specified place, ship or aircraft to which the previous receiving licence related, and

(c) is granted within one fortnight before or within six months after the expiration of the previous receiving licence.

(4) A receiving licence granted to a person who complies with the provisions of subparagraphs (a), (b) and (c) of paragraph (2) of Regulation 7 of these Regulations shall, without prejudice to the other provisions of these Regulations and of any other Regulations for the time being in force, expire on the death of that person.

9. On being requested in writing by the Minister so to do the holder of a receiving licence shall forward the licence to such officer of the Minister as shall be designated by the Minister.

10. The Minister may amend any receiving licence in such manner as appears to him to be proper in the circumstances and, in particular, may change the description of the place, vehicle, ship or aircraft to which it relates, or (for the purpose of correction) a date to which it relates.

11.—(1) A receiving licence shall 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.

(2) A receiving licence shall apply only to apparatus for wireless telegraphy which is ordinarily kept in the place, ship or aircraft specified in that behalf in the receiving licence, but shall—

(a) in the case of a licence relating to a place, extend and apply to such apparatus while temporarily in another place for use in that other place by the holder of the licence, or

(b) in the case of a licence relating to a ship, extend and apply to such apparatus while temporarily in another ship for use in that other ship by the holder of the licence, or

(c) in the case of a licence relating to an aircraft, extend and apply to such apparatus while temporarily in another aircraft for use in that other aircraft by the holder of the licence.

12. The holder of a receiving licence shall observe the following conditions, and the licence shall be deemed to have been granted subject to those conditions, that is to say:—

(a) he shall permit an officer of the Minister authorised in that behalf by the Minister to enter at all reasonable hours the place, ship or aircraft (as the case may be) to which the licence relates and there to inspect all apparatus for wireless telegraphy then in such place, ship or aircraft;

(b) he shall not work or use any apparatus kept under the licence in such 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;

(c) he shall not divulge or allow to be divulged to any person (other than a duly authorised officer of the Government 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 apparatus kept under the licence;

(d) whenever he changes permanently his postal address he shall forthwith give notice of the change (with full particulars of his new postal address) to the Postmaster of the Post Office at which the licence was obtained;

(e) the licence shall be open to inspection at all reasonable times by officers of the Minister.

13.—(1) Whenever the Minister is satisfied that the holder of a receiving licence has failed to observe any of the conditions subject to which the licence was granted or has done, in respect of apparatus kept under the licence, any act (whether of commission or omission) which is a contravention of the Act or of these Regulations, the Minister may revoke the licence in whole or in part by notice in writing sent by post to the holder of the licence at the place to which the licence relates.

(2) In addition to the power of revocation conferred by paragraph (1) of this Regulation, the Minister may at any time:

(a) revoke any particular receiving licence in whole or in part by notice in writing sent by post to the holder thereof, in the case of a licence relating to a place which is not a vehicle, at the place to which the licence relates or, in any other case, at his postal address as stated in the licence or notified by him in pursuance of paragraph (d) of Regulation 12 of these Regulations,

(b) by notice published in Iris Oifigiúil, revoke in whole or in part all receiving licences for the time being in force or all such receiving licences relating to places, ships, and aircraft within a specified district or area.

(3) The revocation of a receiving licence under this Regulation shall not operate to entitle the holder of the licence to a refund of the fee or any part of the fee paid by him on the grant of the licence.

14.—(1) Where an unexpired receiving licence in respect of apparatus for the reception of sound only which has been granted in accordance with these Regulations is surrendered on or after the grant to the licensee of a licence in accordance with these Regulations, arebate of part of the fee paid in respect of the surrendered licence may be made to the licensee and the rebate may be credited as a payment on account of the payment of the fee provided for in paragraph (1) of Regulation 7 of these Regulations.

(2) The rebate in respect of a licence for which a fee of seventeen shillings and six pence was paid shall be calculated at the rate of one shilling and six pence for each complete month and the part (if any) of a month for which the licence would otherwise have continued in force from the date of the surrender thereof and the rebate in respect of a licence for which a fee of one pound was paid shall be calculated at the rate of one shilling and eight pence for each complete month and the part (if any) of a month for which the licence would otherwise have continued in force from the date of the surrender thereof.

15.—(1) The Wireless (Receiving Licences) Regulations, 1937 to 1961, are hereby revoked.

(2) Every licence granted in accordance with the Wireless (Receiving Licences) Regulations, 1937 to 1961, which is in force immediately before the revocation of those Regulations shall be deemed to have been granted in accordance with these Regulations in so far as they relate to apparatus for wireless telegraphy for the reception of sound only and shall, notwithstanding the said revocation, continue in force, unless sooner revoked under these Regulations, for so long as such licence would have continued in force if these Regulations had not been made.

FIRST SCHEDULE

Faoi réir na nAchta Radio-Thelegrafaíochta, 1926 agus 1956, an Achta Um Údarás Craolacháin, 1960, agus na Rialachán, Craolacháin(Ceadúnais

The above-named person is hereby authorised subject to the Wireless Telegraphy Acts, 1926 and 1956, the Broadcasting Authority Act,1960, and

Ghlacadóireachta), 1961, údaraítear leis seo don duine atá luaite thuas gléas radio-thelegrafaíochta a choimeád agus a bheith ina sheilbh aige chun

the Broadcasting (Receiving Licences) Regulations, 1961, to keep and have possession of apparatus for wireless telegraphy for receiving sound and

fuaimeanna agus íomhánna radhairc a chraoltar ó stáisiún craolacháin a ghlacadh

visual images broadcast by a broadcasting station

*ag an seoladh thuas.

at the said premises.

*ag an seoladh seo a leanas

at the following premises............................................................ ..................................

*i bhfeithicil ar a bhfuil an chláruimhir

in the vehicle bearing the registration No....................

The following note will appear at back of £4 licence—

NÓTA

Cóipcheart: Ní údaraítear leis an gceadúnas seo aon sárú cóipchirt ar anábhar a ghlactar.

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

SECOND SCHEDULE

Faoi réir na nAchta Radio-Thelegrafaíochta, 1926 agus 1956, an Achta Um Údarás Craolacháin, 1960, agus na Rialachán, Craolacháin(Ceadúnais

The above-named person is hereby authorised subject to the Wireless Telegraphy Acts, 1926 and 1956, the Broadcasting Authority Act, 1960 , and

Ghlacadóireachta), 1961, údaraítear leis seo don duine atá luaite thuas gléas radio-thelegrafaíochta a choimeád agus a bheith ina sheilbh aige chun

the Broadcasting (Receiving Licences) Regulations, 1961, to keep and have possession of apparatus for wireless telegraphy for receiving sound (but

fuaimeanna amháin (gan íomhánna radhairc) a chraoltar ó stáisiún craolacháin a ghlacadh

not visual images) broadcast by a broadcasting station

*ag an seoladh thuas.

*at the said premises.

*ag an seoladh seo a leanas

*at the following premises............................................................ ..................................

*i bhfeithicil ar a bhfuil an chláruimhir

in the vehicle bearing the registration No. ....................

The following note will appear at back of £1 licence—

NÓTAÍ

Coipcheart: Ní údaraítear leis an gceadútear leis an gceadúnas seo aon sárú cóipchirt ar an ábhar a ghlactar.

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

Telefís: Is gá ceadúnas do ghlacadh telefíse a fháil chomh luath is a gheofar gléas telefíse.

Television: A licence for television reception must be taken out as soon as a television set is obtained.

GIVEN under my Official Seal, this 4th day of December, 1961.

MICHAEL HILLIARD.

The Minister for Finance hereby consents to the foregoing Regulations in so far as they relate to fees.

SÉAMUS Ó RIAIN.

GIVEN under the Official Seal of the Minister for Finance, this

4th day of December, 1961.

EXPLANATORY NOTE.

These Regulations revoke the Wireless (Receiving Licences) Regulations 1937 to 1961. They provide for the introduction of separate licences to cover the possession of apparatus for receiving sound and television broadcasts and for the reception of sound broadcasts only .